BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

Host John Banks abruptly cut off a caller to Radio Pacific on 28 August at about 6.22am, saying that he had used a four letter word. A few minutes earlier, he had referred to a woman caller as a person who lived her life in abject misery.

Mr Reardon, the caller who had been cut off, complained to Radio Pacific Ltd that it was an absolute lie to state that he had used a four letter word as could be verified by a copy of the tape. In his view, this and the other incident he described demonstrated that the host’s manner was an appalling insult to talkback tradition.

Radio Pacific explained that Mr Reardon had been cut off accidentally when the Panel Operator pushed the wrong button. The host then mistakenly assumed that he had been dumped using the delay button, and his spontaneous reaction was to suggest it was because the caller had used a four letter word. The station apologised and upheld this aspect of the complaint. Turning to the host’s treatment of the earlier caller, Radio Pacific noted that she was a regular contributor and was capable of expressing strong views herself and further, that she was aware that hosts and other callers were equally at liberty to express theirs.

Dissatisfied with Radio Pacific’s decision, Mr Reardon referred the complaints 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 complaints.

Decision

The members of the Authority have listened to a tape of the items complained about and have read the correspondence (summarised in the Appendix). On this occasion, the Authority determines the complaint without a formal hearing.

A spirited exchange between a woman caller and host John Banks on a talkback session on Radio Pacific on 28 August between 6.00–6.30am ended when the host referred to the caller as a person who lived her life in "abject misery". Shortly afterwards, at about 6.22am, he abruptly cut off another caller, saying that he had been dumped because he had used a four letter word.

Mr Reardon complained about the host’s abuse of the woman caller. He also complained that it was unfair that when he called the programme, his call was dumped after a few seconds and the host said it was because he had used a four letter word. That was absolutely untrue, Mr Reardon wrote, and he suggested that he was deliberately dumped because he was known to challenge the host’s views. He argued that this reasoning was consistent with the comment made by the operator who told him he would get his "two seconds’ worth" when he was put on air.

In its response, Radio Pacific dealt first with the complaint that the host talked over the top of a woman caller. The station noted that the caller was a regular participant, and pointed out that the host did not challenge her until after she had called the voters of Wellington Central a pack of fools, claimed that Mrs Shipley had a scab government and declared that there was no democracy in government or in local councils. Radio Pacific maintained that the caller had every opportunity to express her views, and observed that her comments were quite provocative. It argued that as the woman was a regular caller, she would have been aware that just as she was entitled to express her strong views on issues, so too the host and other talkback callers were entitled to express theirs.

Turning to Mr Reardon’s complaint that he was cut off for allegedly using a four letter word, Radio Pacific advised that the operator had inadvertently pressed the wrong button on his panel and cut the complainant off by mistake. It emphasised that this had not been intentional. Then, it reported, the host mistakenly assumed that the call had been dumped using the seven second delay button, and had reacted by remarking that it was because a four letter word had been used. Radio Pacific accepted that that was not the case. It upheld Mr Reardon’s complaint and apologised that he had been at the receiving end of the error. In its report to the Authority, Radio Pacific emphasised that Mr Reardon had been mistaken to link the panel operator’s remark about giving him his two seconds’ worth with the error which occurred when he pressed the wrong button.

The Authority examined the complaints in the context of standard R5 of the Radio Code of Broadcasting Practice. That standard requires broadcasters:

R5 To deal justly and fairly with any person taking part or referred to in any programme.

It turns first to the complaint that the woman caller had not been dealt with fairly. The Authority acknowledges that the talkback medium provides a unique environment which is characterised by the exchange of provocative views. That it is a forum for opinionated callers and equally opinionated hosts it believes is well known to potential participants. It was apparent from the exchange, the Authority considers, that the host was well acquainted with the caller on this occasion, and was familiar with her views. Conversely, it considers, she would also have been aware of the host’s style. It finds no breach of the standard occurred in the host’s exchange with the caller.

With respect to the complaint that it was unfair that the host stated that Mr Reardon had used a four letter word, the Authority notes that Radio Pacific upheld this aspect and, after explaining how the error occurred, offered Mr Reardon an apology. In the Authority’s view, the error was satisfactorily explained and, as was appropriate, the station took responsibility for the broadcast and apologised to the complainant. It considers that the action taken by the broadcaster was appropriate and no further action was required. It therefore declines to uphold the complaint.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
26 November 1998

Appendix

Mr Reardon’s Complaints to Radio Pacific Ltd – undated

Tom Reardon of Waiheke Island complained to Radio Pacific Ltd about aspects of host John Banks’ programme on 28 August 1998 between 6.00–6.30am.

First, he complained, the host talked over the top of a caller and belittled her by saying "Why do you live your life in such abject misery?" In Mr Reardon’s view, just because she was a regular caller and was unhappy about political skulduggery that should not have left her open to personal abuse.

Mr Reardon described his second complaint as being of a more serious nature. He had called the programme at about 6.22am, he reported. He said he was told that he "would get his two seconds’ worth". Shortly afterwards, he was on air. He said "John you said you disagree with selling assets…" and was cut off. The host then said he had been cut off for using a four letter word.

Mr Reardon asserted that was an absolute lie, as a taped transcript would verify.

He said he had constantly found the host’s talk back manner an appalling insult to talkback tradition. He said he wanted him sacked.

Radio Pacific Ltd’s Response to the Formal Complaints – 2 September 1998

Radio Pacific acknowledged that the host had talked over the first caller, but noted that she herself had expressed provocative views when she described the people of Wellington Central as a pack of fools, expressed the view that Mrs Shipley had a scab government, and claimed that there was no democracy in government and local city councils.

In the station’s view, the caller had every opportunity to express her views. It said it considered her comments quite provocative. Such comments, it suggested could be expected to lead to heated debate and when that occurred, people could talk over each other. It wrote:

[The host] went on to ask [the caller] why she lived her life in such abject misery and instead of replying, she hung up. [C] is a regular caller and I’m sure she realises that just as she is entitled to express her strong views on all sorts of issues, hosts and other talkback callers are equally at liberty to express theirs.

Radio Pacific next dealt with the complaint that Mr Reardon was cut off for allegedly using a four letter word. It explained that the Panel Operator had unintentionally pushed the wrong button and had cut Mr Reardon off. The operator then told the host and who mistakenly assumed that Mr Reardon had been dumped using the seven second delay button. It wrote:

[The host] had to react, spontaneously, and he assumed that [the operator] had disconnected your call because of something you had said. So he ad-libbed a remark about using a four letter word. We accept that this was not the case. This misunderstanding was caused by [the operator’s] error and [the host] was really just reacting to an unexpected situation. Your complaint is upheld and I am sorry that you were at the receiving end of this error. However, I cannot agree to your request that [the host] be sacked.

Mr Reardon’s Referral to the Broadcasting Standards Authority – received 24 September 1998

Dissatisfied with Radio Pacific’s response, Mr Reardon referred the complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting Act 1989.

Mr Reardon complained that the station had not addressed his complaint about the operator telling him "We’ll give you your two seconds’ worth".

In Mr Reardon’s view, the operator’s behaviour was consistent with being deliberately ditched. He noted that the host had cut him off many times before, before he had been able to make his point. In his view, the operator was being far from truthful when he said he pushed the wrong button.

He wrote:

I am recognised by many Waihekeans on Radio Pacific and it’s a significant blow to my credibility to be accused of swearing on air. I put it to you that John Banks show is for John Banks only and they don’t want his extreme views challenged.

Mr Reardon concluded by noting that he had witnesses who heard the interchange, and repeated that he wanted action to be taken.

Radio Pacific’s Response to the Authority – 28 September 1998

Radio Pacific advised that its panel operator was a very professional operator who had worked for its network for many years. On the station’s behalf, the Executive Chairman said that he believed the operator’s explanation and did not accept Mr Reardon’s allegation that he was being "far from truthful". He wrote:

An error was made, John Banks was thrown and said the first thing that came into his mind and we accept that Mr Reardon did not swear. Under those circumstances I thought it fair and reasonable to uphold his complaint.

Radio Pacific pointed out that if there had been other times when the host had cut Mr Reardon off, he had not written to complain about them.

Radio Pacific advised that it had not commented on the operator telling Mr Reardon that he "would get his two seconds’ worth" because it did not read anything sinister into it. The Executive Chairman wrote:

That’s the sort of friendly, informal comment I would expect a Panel Operator to make to a regular caller. Mr Reardon has linked that remark to the error that occurred when [the operator] pushed the wrong button. That was not the case.

The Executive Chairman said he was sorry that Mr Reardon had not been happy with the station’s response. He noted that the station had replied promptly and considered that the response was quite appropriate given the circumstances.

Mr Reardon’s Final Comment – received 8 October 1998

Mr Reardon did not agree with the station’s description of the operator’s remark as "a friendly informal comment".

He described the host as a "pathetic bigot" and added:

Worst of all there is no debate on the John Banks show because anybody that can expose him knows they are going to get the cut off bullet from this buffoon at any second.