BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A caller to 89FM in Gisborne on 9 February 1996, who gave his vote on his favourite

TV advertisement, was named by the announcer and called a "squinge" and "a bit of a

dork".

Mr Hammond, the caller, complained to 89FM Gisborne that the comments were

offensive.

Upholding the complaint, Gisborne's 89FM required the announcer to write a letter of

apology to Mr Hammond and, in addition, the Station Manager offered to broadcast an

apology. That offer was declined.

Dissatisfied with the action taken by the broadcaster, Mr Hammond referred his

complaint to the Broadcasting Standards Authority under s.8(1)(a) of the Broadcasting

Act 1989.

For the reasons below, the Authority declines to uphold the complaint that the action

taken was insufficient.

Decision

The members of the Authority have read a transcript of the item complained about and

have read the correspondence (summarised in the Appendix). As is its practice, the

Authority determines the complaint without a formal hearing.

89FM in Gisborne asked callers to telephone to vote on their "favourite and least

favourite TV ad". Mr Hammond did so on 9 February and the announcer, referring to

him by name, said he was a "squinge" and "a bit of a dork".

Mr Hammond complained to the broadcaster and, in response, received a letter of

apology from the announcer who said he deeply regretted the remarks for which he

apologised. As he was dissatisfied with that action, Mr Hammond referred his

complaint to the Authority and asked that it deal seriously with the "reprehensible"

comment.

The broadcaster advised the Authority that the initial complaint had been discussed with

the announcer and it was decided that he would apologise unreservedly and be more

careful in the future. 89FM's managing director had later telephoned Mr Hammond

and, after apologising also, offered to broadcast an apology. That offer was declined.

The broadcaster considered that the matter had been resolved at that time.

Mr Hammond advised the Authority that he had declined the offer as he considered that

it would add "fuel to the fire". He expressed the opinion that 89FM should be "brought

to task" for the insult.

The Authority's task is to decide whether the action taken is sufficient given the breach

of standards committed when Mr Hammond was named and insulted. The Authority

usually expects a broadcaster to apologise for such an offensive comment and that an

apology be broadcast at a time similar to the time when the offending comment was

made.

On this occasion, the announcer wrote a letter of apology and the station offered to

broadcast an apology. As he was entitled to, Mr Hammond declined the offer of the

broadcast apology. As the broadcaster took the appropriate action following the

broadcast of a gratuitously offensive remark, the Authority considers that its actions

were appropriate and sufficient. Accordingly, it declines to uphold the complaint that

the action taken was insufficient.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
20 June 1996

Appendix

Andrew Hammond's Complaint to 89FM Gisborne - February 1996

The following is the transcript of part of 89FM Breakfast Show at about 6.55am on

Friday 9 February 1996.

Matt King - announcer : If you would like to vote on your favourite and least

favourite TV ad give me a call on 8686989, Good

morning 89FM

Mr Hammond: Hello, Best Ad?

Matt King: Yes

Mr Hammond: Yeah the ad for Baywatch

Matt King: Um ... I don't think we can count that one, its not

really an Ad

Mr Hammond: Oh well never mind then!! (hang up)

Matt King: Ok ... ladies and gents that was Andrew Hammond

a.k.a. Squinge again, yeah he's a bit of a dork, oh

well never mind if you'd like to vote then don't

hesitate to phone on 8686989 ...

Mr Hammond of Gisborne wrote to 89FM Gisborne to complaint that he had been

referred to as a "squinge" and a "dork". It has not been possible to locate a copy of his

letter.

Gisborne's 89FM's Response to the Formal Complaint - 14 February

1996

In its letter of reply, 89FM's announcer, Matt King, apologised to Mr Hammond for the

comments which, he said, he subsequently regretted having made.

Mr Hammond's Complaint to the Broadcasting Standards Authority - 28

February 1996

Dissatisfied with the action taken by 89FM, Mr Hammond referred his complaint to the

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

Stating that he found the comments both reprehensible and unfounded, Mr Hammond

asked the Authority to take action commensurate with the seriousness of the comments.

89FM Gisborne's Response to the Authority - 16 May 1996

On behalf of the Gisborne Media Centre, Mr Bruce Johnston explained that the reply

was late as he was under the impression (now known to be incorrect) that Mr

Hammond had withdrawn his complaint. Mr Johnston commented:

When I telephoned him to apologise, Mr Hammond indicated that he was satisfied

with that apology. He was adamant that he did not want a broadcast apology as

he felt this would "make things worse".

Mr Johnston stated that he had earlier discussed the complaint with the announcer and it

was decided that the announcer should apologise unreservedly to Mr Hammond, and

that he (the announcer) would be more careful in the future. The letter of apology was

sent.

Several weeks later, Mr Johnstone continued, he telephoned Mr Hammond, apologised

in person and offered to broadcast an apology. Mr Hammond declined.

In an explanation for the remarks, Mr Johnston noted:

Announcer Matt King used the word "dork" in the context not only of the phone

call in question, but also many previous exasperating phone calls to the station by

Mr Hammond.

Nevertheless, Mr Johnstone added, 89FM had apologised promptly and the announcer

had been cautioned. Mr Johnston concluded:

The word used "dork" is at best a very mildly disparaging term. We suggest that

a typical network radio talkshow would frequently use this sort of remark. Mr

Hammond is a motor mechanic and we imagine he has been exposed to typical

workplace banter very much worse than "dork". We feel that Mr Hammond is

over-reacting or is using the complaints process to "get back at" Matt King.

Mr Hammond's Final Comment - 21 May 1996

Mr Hammond was at a loss to explain the broadcaster's impression that, at any stage,

he had wanted to withdraw his complaint. It was correct, however, when it recorded

that he did not want a broadcast apology.

Explaining that he knew of only one meaning for the word "dork", and questioning

the relevance of the broadcaster's reference to his occupation, Mr Hammond

maintained that 89FM should be "brought to task over this insult". As he had never

met the announcer, he did not understand the point that he wanted to get back at him.