BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Drivel" and "rubbish" were two of the adjectives used by the host (Hon John Banks

MP) when describing the television talent quest programme Showcase. The comments

were made during Radio Pacific's talkback programme Banksie on Sunday broadcast

between 10.00am–2.00pm on Sunday 14 July 1996.

Mr Turner complained to Radio Pacific Ltd that the comments were unfair to the

broadcaster and its employees, and to the contestants. He also maintained that the

item was unbalanced.

Arguing that the comments were directed solely at the programme, Radio Pacific

declined to uphold the complaint about fairness. As talent quests were not a

controversial topic, it stated, the requirement for balance did not apply.

Dissatisfied with Radio Pacific's reply, Mr Turner referred the unfairness aspect of

the 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.

Decision

The members of the Authority have listened to an audio tape of the item complained

about and have read the correspondence (summarised in the Appendix). As is its

practice, the Authority has determined the complaint without a formal hearing.

The host (Hon John Banks MP) of the talkback programme Banksie on Sunday, on 14

July 1996 described the televised talent quest Showcase as "drivel" and "rubbish"

When using those terms, he acknowledged that he had not seen the programme.

Mr Turner complained to Radio Pacific that the comments breached the broadcasting

standards as they dealt unfairly both with the show and the contestants. He also

alleged a breach of balance.

Radio Pacific assessed the complaint under standards R5 and R9 of the Radio Code of

Broadcasting Practice which require broadcasters:

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

programme.

R9  To show balance, impartiality and fairness in dealing with political

matters, current affairs and all questions of a controversial nature, making

reasonable efforts to present significant points of view either in the same

programme or in other programmes within the period of current interest.

As the host acknowledged that he had not seen the show, Radio Pacific said his

comments referred to the type of show and, thus, no one had been referred to unfairly.

As the issue was not a controversial one, it maintained that standard R9 did not apply.

When he referred his complaint to the Authority, Mr Turner insisted that the

comments breached standard R5 because, by describing the show as rubbish, the host

was dealing unfairly with everyone associated with the programme.

While it is surprised that the host was prepared to express an opinion about a

programme which he said he had not seen and of which he acknowledged that he was

unaware, the Authority accepts that the comments were directed at the type of show

being broadcast rather than to any specific person. It agrees with the complainant that

the host's comments could, at a general level, be taken to refer in part to the people

associated with the show. However, as this group could wide-ranging, the Authority

does not consider that the host's uninformed opinion based solely on a caller's views

can be taken as being a breach of standard R5.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
24 October 1996

Appendix

Mr Turner's Complaint to Radio Pacific Ltd - 29 July 1996

Cliff Turner of Hamilton complained to Radio Pacific Ltd about some of the host's

comments (Hon John Banks MP) during the talkback programme Banksie on Sunday

broadcast between 10.00am - 2.00pm on Sunday 14 July 1996.

A caller to the programme, Mr Turner recalled, had referred critically to TV One's

talent quest Showcase, broadcast the previous evening. The host said he had not seen

the programme but described it twice, nevertheless, as "trash" and made, Mr Turner

continued, an inappropriate attack on TVNZ.

Pointing to the standard which requires broadcasters to deal fairly with any person

referred to during a programme, Mr Turner said that the broadcast had not dealt fairly

with TVNZ or the contestants in Showcase. He also alleged a breach of standard R9.

Radio Pacific's Response to the Formal Complaint - 14 August 1996

Explaining that a caller had complained about the way that some of the competitors

were judged in Showcase, Radio Pacific said that the host on ascertaining that the

programme was a talent quest had described it as "drivel" and "rubbish".

As the host had acknowledged that he had not seen the specific programme but had

been critical of the type of programme, Radio Pacific said that it was not clear from

the complaint who, it was alleged, had been dealt with unfairly. Further, as the issue

was not a controversial one, standard R9 did not apply. It declined to uphold the

complaint.

Mr Turner's Complaint to the Broadcasting Standards Authority - 19 August

1996

Dissatisfied with Radio Pacific's reply, Mr Turner referred the complaint to the

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

On the basis that the host had described the programme as "drivel" or "trash", Mr

Turner wrote:

It seems obvious to me that by describing a programme he had not seen as trash

(or drivel and rubbish) Mr Banks dealt unfairly with every person associated

with the programme.

Radio Pacific's Response to the Broadcasting Standards Authority - 4

September 1996

Explaining that standard R5 requires broadcasters "to deal justly and fairly with

people referred to", Radio Pacific maintained that the complaint should not be upheld

as a "programme" - not a person - had been referred to.

Standard R9, it wrote, did not apply to a talent show and it concluded:

Radio Pacific is of the view that this complaint has no basis at all. The

broadcaster was giving an opinion on a programme or type of programme and

the fact that he had not seen it does not prevent him from being able to express

an opinion. He may have obtained the information second hand or read about

the programme or whatever. Radio Pacific rejects the complaint entirely.

Mr Turner's Final Comment - 11 September 1996

In his comment on to Radio Pacific's reply, Mr Turner maintained that the host used

the caller's comment as the basis for an attack on TVNZ which, as most people were

aware, was a company. Further, as the programme was the first in the series, it was

obvious from the host's comments that he had no knowledge of the programme which

he was criticising.