BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

When a caller to a talkback programme said that he was not qualified to answer some

of the questions in the Code for Social Responsibility, the host said he was a "wuss"

and had a "wussy attitude." The exchange took place on Newstalk ZB during the

evening of 24 February 1998.

Mr Parfitt, who was the caller, said that the host's radio manner was unprofessional,

and he objected to being abused for expressing his political viewpoint. He considered

there had been a breach of broadcasting standards.

When it replied initially, The Radio Network treated the complaint as an informal one.

In its formal response, it emphasised that the talkback radio medium was both robust

and opinionated, and suggested that anyone entering the arena should understand they

could be subjected to strong debate and opinion. It did not agree that Mr Parfitt was

abused by the host, pointing out that he had an opportunity to express his viewpoint.

Dissatisfied with TRN's response, Mr Parfitt referred the complaint to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

For the reasons given below, the Authority declines to uphold the complaint.

Decision

The members of the Authority have read the correspondence (summarised in the

Appendix). On this occasion, the Authority determines the complaint without a

formal hearing.

The subject of a talkback programme on Newstalk ZB on 24 February 1998 was the

government's Code for Social Responsibility. When a caller to the programme said he

was not qualified to answer some of the questions in the questionnaire attached to the

Code, the host told him that he was a "wuss" and had a "wussy attitude".

Mr Parfitt, who was the caller to the programme, complained to TRN that the host's

radio manner was unprofessional. He also said that he objected to being derided for

expressing his own political viewpoint.

Responding informally in the first instance, TRN emphasised that the talkback

medium was one where forthright views and opinions were put. It suggested that

callers would recognise that their views would be subject to strong debate and opinion.

It denied that being described as a "wuss" was abusive. Rather, it argued, the host

was encouraging Mr Parfitt to take a stand and give an opinion.

The formal response to the complaint repeated this argument. It also emphasised that

Mr Parfitt had the opportunity to express his views.

The Authority considers this complaint borders on being trivial. It finds no breaches

of any standards. Mr Parfitt took the opportunity to express his views, and the host

responded by offering a counter opinion. The Authority did not find her manner in

any way abusive or offensive. It also notes that Mr Parfitt had the opportunity to

respond in a like manner. Further, the Authority accepts that callers to talkback are

well aware of the potential for spirited debate to occur. It regards the host's remarks

to Mr Parfitt as inoffensive.

For the reasons set forth above, the Authority declines to uphold the complaint.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
25 June 1998

Appendix

Nick Parfitt's Complaint to The Radio Network Ltd – 25 February 1998

Mr Parfitt of Palmerston North complained about the host's response to comments

he made about the Code for Social Responsibility on Newstalk ZB on the evening of

24 February 1998. When he said that he had written that he was not qualified to make

an opinion on some of the questions in the document, the host (Kerre Woodham) said

that he was a "wuss" and described him as having a "wussy attitude".

Mr Parfitt said he considered her radio manner unprofessional.

TRN's Response to the Complaint – 9 March 1998

TRN first made clear that it was treating the complaint as a general complaint and not

a formal one.

It suggested that anyone who listened to talkback radio would recognise that the

medium was both robust and opinionated and that anyone entering that arena should

understand that they could be subjected to strong debate and opinion.

It maintained that to be described as a wuss was not abuse. Rather, it suggested, the

host was encouraging Mr Parfitt to take a stand and give an opinion.

It apologised if Mr Parfitt felt aggrieved by the comment. However, it advised him to

stay out of the arena in future in order to avoid the potential for embarrassment.

Mr Parfitt's Referral to the Broadcasting Standards Authority – 12 March 1998

Dissatisfied with TRN's response on the complaint Mr Parfitt referred it to the

Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

He objected, he said, to being abused for expressing his political viewpoint.

Further Correspondence

When Mr Parfitt was advised that his complaint had been referred back to TRN he

wrote, in a letter dated 3 April, that it appeared he had no alternative but to seek the

intervention of the Minister of Broadcasting in order to bring about a speedy

resolution of the situation.

TRN's Formal Response to the Complaint – 16 April 1998

The barrister acting on behalf of TRN responded that, in his opinion, being called a

wuss and having a wussy attitude did not constitute a breach of broadcasting codes.

He added that talkback radio was by its nature controversial, and individuals who

participated and the comments they made were often subject to criticism and attack.

He continued:

To explain further, the proposed Code for Social Responsibility and the

survey is a controversial topic. It has been a regular talkback topic over recent

weeks with opinions varying from those who either refuse or deface the

document to those who will complete the full questionnaire, and all the range

in between. Just because Kerre Woodham criticises your response, that does

not mean that you were not entitled to your opinion or take the action you

took in relation to the form. All it means as far as the radio codes are

concerned is that you had the opportunity to express your viewpoint, did so,

she replied and in such a manner that was not a breach of codes such as good

taste and decency or dealing with a person in an unfair manner.

It advised that the complaint was not upheld.

Mr Parfitt's Referral to the Broadcasting Standards Authority – 4 May 1998

In a brief letter, Mr Parfitt advised that he did not accept the contents of the legal

opinion from TRN.

TRN's Response to the Authority – 27 May 1998

Through its barrister, TRN advised that it had not retained a tape of the exchange

because it did not consider this was a formal complaint. For the record, it admitted

that the host called Mr Parfitt a wuss and described him as having a wussy attitude.

TRN submitted that the complaint bordered on the vexatious and should not be

treated as a formal complaint.

Mr Parfitt's Final Comment – 2 June 1998

In a brief final comment, Mr Parfitt emphasised that as far as he was concerned, his

complaint was always intended to be a formal one, and that fact was known to the

station.

He repeated that the reason for his complaint was that he had been abused by the host

when he expressed his political opinion.

He maintained that the broadcaster knew this was a breach of its code of conduct.

He concluded:

Accordingly the tape of the conversation was destroyed, which indicates that

the reason for its destruction was based upon much more than the reason given

to you by TRN.