BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Kick 'em when they're down" was yachtsman Chris Dickson's comment on beating

an Australian team in the America's Cup challenger series. The remark was repeated

during a cricket commentary on a game between New Zealand and Sri Lanka broadcast

on TV One on 21 March.

Ms Minnis stated that she was upset about nasty remarks made about Australians

and complained to Television New Zealand Ltd that the comment breached the

broadcasting standards.

Explaining that the remark was made earlier by Chris Dickson and then reported by a

cricket commentator in a way to question its fairness, TVNZ declined to uphold the

complaint. Dissatisfied with TVNZ's decision, Ms Minnis referred the complaint to

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

For the reasons below, the Authority declined to uphold the complaint.

Decision

The members of the Authority have viewed 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.

During play, the television commentator for a test match between the Sri Lankan and

New Zealand cricket teams, Grant Nisbett, referred to a remark from the skipper of

one of the yachts in the America's Cup challenge series who had been victorious in a

race against an Australian team. Mr Nisbett said to his fellow commentator:

Smithy, I think the sporting quote of the day belongs to Chris Dickson doesn't

it? Kick 'em while they're down ... in reference to the Australians.

Ms Minnis complained to TVNZ that she had been upset by what she described as a

cruel and unnecessary remark which, like similar comments she had heard, belittled

Australia's sporting endeavours.

TVNZ assessed the complaint under standards G2 and G4 of the Television Code of

Broadcasting Practice which require broadcasters:

G2  To take into consideration currently accepted norms of decency and taste

in language and behaviour, bearing in mind the context in which any

language or behaviour occurs.

G4  To deal justly and fairly with any person taking part or referred to in any

programme.

Pointing out that the commentator was quoting a sportsperson in a way which

allowed viewers to judge for themselves whether the comment was fair or not, TVNZ

declined to uphold the complaint under either standard.

When she referred her complaint to the Authority, Ms Minnis said that it was

inappropriate for TVNZ to repeat the remark and thus TVNZ was responsible.

Having viewed the item, the Authority considered that the commentator, in repeating

the remark, had intended it to be lighthearted. However, the Authority was left with

the impression that his fellow commentator considered the remark to be inappropriate

and, in his embarrassment, had handled the reference to him awkwardly. The

Authority believed that it was a comment – apparently an aside during a slow period

of cricket – that should not have been made. However, while of questionable taste, it

concluded that it did not amount to a breach of either of the nominated standards.

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

Signed for and on behalf of the Authority

Iain Gallaway
15 June 1995

Appendix

Heather Minnis' Formal Complaint to Television New Zealand Limited - 21

March 1995

Heather Minnis of Marton complained to Television New Zealand Limited that during

a One World of Sport cricket commentary broadcast on 21 March 1995, commentator

Grant Nisbett made a cruel remark about the Australians having been beaten that

morning by yachtsman Chris Dickson in the America's Cup semi finals.

The complainant said that the remark "kick them while they are down" had upset her

greatly and she felt that this kind of "nasty" remark directed at Australia must stop.

She pointed out that, as an Australian living in New Zealand, she had endured over the

years some extremely nasty remarks concerning Australia's sporting endeavours.

Ms Minnis concluded by saying that she had many loved ones living in Australia and

that she suspected there were other Australians living in New Zealand who felt the

same way that she did.

TVNZ's Response to the Formal Complaint - 10 April 1995

TVNZ advised that the complaint about a commentator making a derogatory remark

about Australians during a cricket match "aside" had been considered in the context of

G2 and G4 of the Free to Air Television Programme Standards.

In examining the programme to which the complaint referred, TVNZ submitted that it

was able to find only one comment which could be likened to the remark complained

about, when the following comment was made:

Smithy (Ian Smith), I think the sporting quote of the day belongs to Chris

Dickson doesn't it? Kick Ôem when they're down ... In reference to the

Aussies.

The first observation TVNZ made was that the comment was attributed to Chris

Dickson and was not the personal view of the commentator. Secondly, TVNZ noted

that the juxtaposition of the words "sporting quote" and "kick em when they're

down" implied at the very least that the commentator was calling into question the

fairness of Chris Dickson's comment. It was not, TVNZ continued, something that

the cricket commentator approved of. Thirdly, TVNZ pointed out that it was

noteworthy when a sportsman of Chris Dickson's stature made a comment such as

that reported and, it believed, appropriate for the cricket commentator to draw

attention to the remark to allow viewers to reach their own conclusions about it. Had

the remark been made or presented as the personal view of the commentator, it might

have amounted to a breach of the standards.

While understanding the complainant's concerns, TVNZ stated that it did not believe

that the reporting of the comment by a cricket commentator was any more likely to be

a breach of the standards than if it had been presented in a news bulletin. Yachtsman

Chris Dickson had made the controversial remark and, as the cricket commentator

indicated, it raised some questions of sportsmanship.

TVNZ was unable to find that either G2 or G4 had been breached and declined to

uphold the complaint.

Ms Minnis' Complaint to the Broadcasting Standards Authority - 13 April 1995

Dissatisfied with TVNZ's response to her complaint, Ms Minnis referred her

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

She claimed that TVNZ had fobbed her off with all sorts of excuses and said that she

still found the remark complained about totally unacceptable.

She had been deeply insulted and argued that it was commentator Grant Nisbett who

must be held accountable in the final instance regardless of who he was said to be

quoting. She concluded by stating that these types of remarks, mostly made by TV

One, "must stop".

TVNZ's Response to the Authority - 28 April 1995

In its report to the Authority on the referral, TVNZ said that it had little to add to

what had been said to Ms Minnis in its letter of 10 April.

It considered that it was the nature of cricket that a commentary provided

opportunities for various "asides" and, in this case, America's Cup yacht racing was

the subject. A result of that day's racing had been shown earlier and it stated:

In this case, the commentator simply recounted a controversial remark by New

Zealand skipper Chris Dickson

If Ms Minnis has a case, it is surely against Mr Dickson - not TVNZ.

TVNZ concluded by stating that this was a classic case of a viewer confusing the

message with the messenger.

Ms Minnis' Final Comment - Received 11 May 1995

As far as she was concerned, Ms Minnis wrote, Grant Nisbett had made the remark

which had upset her. She described TVNZ's attitude as overbearing and concluded:

Surely viewers can expect to watch TV, especially sport, without feeling very

upset by a remark made by a commentator, no matter who said it originally.