BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

Monica Lewinsky was interviewed by Kim Hill on National Radio on 15 March 1999 just after 9.00am, following the release of the book which dealt with her relationship with President Clinton.

Simon Boyce of Paraparaumu complained to Radio New Zealand Ltd, the broadcaster, that one of the interviewer’s questions was unfortunate and inappropriate. He maintained that the interviewer had a history of asking her guests sexually explicit and intimate questions which were clearly embarrassing. In his view, this interview breached standards R2 and R5 of the Radio Code of Broadcasting Practice.

RNZ responded that in the context of an interview with Ms Lewinsky, the language used had not breached the requirement to observe standards of good taste and decency. As for the complaint that Ms Lewinsky was not dealt with fairly, RNZ replied that she had been given ample opportunity to respond to all matters raised, and no breach of standards had occurred.

Dissatisfied with RNZ’s decision, Mr Boyce 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 listened to a tape of the item complained about, read the part of the transcript which contained the question complained about, and read the correspondence which is listed in the Appendix. On this occasion, it determines the complaint without a formal hearing.

Monica Lewinsky was interviewed by Kim Hill on the morning of 15 March 1999 on National Radio, about the time a book had been released which told her side of the story of her relationship with President Clinton. During the course of the interview, Kim Hill asked:

"I want to be frank here. I mean the book talks about you honouring your sexuality. You were an open person, an honest person, an upfront person. You performed fellatio on President Clinton the same day you exchanged your first words with him. In retrospect, was that a smart thing to do?"

Simon Boyce of Paraparaumu complained to RNZ that the interviewer had not dealt fairly with Ms Lewinsky. He contended that it was clear that Ms Lewinsky had found the question unfortunate and inappropriate and noted that the interviewer had a history of asking international guests sexually explicit and personally intimate questions. In that regard, he referred to previous occasions when the presenter had referred to the President’s alleged extra-marital affairs. Mr Boyce also complained that the explicit description of a sex act in the context breached the good taste standard.

RNZ advised that it had considered the complaint under the standards nominated. They require broadcasters:

R2  To take into consideration currently accepted norms of decency and good taste in language and behaviour, bearing in mind the context in which any language or behaviour occurs.

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

RNZ dealt first with the complaint under standard R2. It argued that when considered in the context of the recently-released book about Ms Lewinsky, and given that the relationship with the President was central to her "story", it was reasonable to expect the interview to refer to an aspect of the sexual relationship. The language used, it argued, was not gratuitously shocking or tasteless or in contravention of decency.

Turning to the complaint under standard R5, RNZ noted that Ms Lewinsky was hesitant in her responses to some of the questions and took time to express her opinions on some issues. However it noted that it was an extended interview and there was plenty of opportunity for her to respond to all the matters raised. In addition, it pointed out, the matters were of public record. It concluded that Ms Lewinsky had been treated fairly, and declined to uphold any aspect of the complaint.

When Mr Boyce referred the matter to the Authority he asked it to consider specifically RNZ’s response to the standard R2 complaint. He repeated his contention that even if the audience had not found the interviewer’s style "licentious", the guest was embarrassed by the explicitness of the question. He wondered why it had been necessary to refer to oral sex so pointedly.

With regard to the standard R5 complaint, Mr Boyce pointed to the transcript which, he said, clearly indicated that Ms Lewinsky found the question unfortunate and "surely was embarrassed to have to refer to further sexual gratification."

In its response to the Authority, RNZ repeated that the language used fell well short of that which could be considered to breach the standard. With reference to standard R5, it repeated that Ms Lewinsky had hesitated and prevaricated in a number of her replies to questions put to her.

Mr Boyce’s final comment emphasised that the complaint focused on the use of the word "fellatio". He noted that Ms Lewinsky had responded that it was unfortunate that the specific act had been focused on, and answered the question by stating that she had been sexually gratified in the relationship. He argued that if the interviewer had wanted to know why the sexual activity took place on their first encounter, there had been no need to refer to the specific act.

With respect to standard R2, Mr Boyce noted that the interviewer gave advance publicity to the fact that there would be sexually explicit questions. He also referred to a story in the Listener which he said supported his view that the interviewer had pre-determined that she would ask sexually explicit questions.

When it assesses complaints alleging a breach of the good taste standard, the Authority is required to take contextual matters into account. The Authority notes that the programme is one which is directed at an adult audience, and that the interviewer’s direct approach is one familiar to her listeners. Furthermore, the matters discussed had been widely publicised in all media for some months prior to the interview. For these reasons, the Authority finds the question put to Ms Lewinsky did not breach the standard. It considers the interviewer’s approach of dealing with a difficult subject in a dispassionate manner was appropriate in the circumstances.

As for the complaint that Ms Lewinsky was not treated fairly, the Authority notes that at the time of the interview she had undertaken an extensive tour to launch her book and had been the subject of much media attention. Given that details about her relationship with the President had been widely disseminated, the Authority does not consider that she was treated unfairly when asked to explain an aspect of that relationship.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
1 July 1999

Appendix

The following correspondence was received and considered when the Authority determined this complaint:

Simon Boyce’s Complaint to Radio New Zealand Ltd – 22 March 1999

RNZ’s Response to the Formal Complaint – 19 April 1999

Mr Boyce’s Referral to the Broadcasting Standards Authority – 21 April 1999

RNZ’s Response to the Authority – 18 May 1999

Mr Boyce’s Final Comment – 19 May 1999