BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

A host (Hon John Banks MP) on the Radio Pacific talkback programme on 2 April

1997 advised a caller not to pay the broadcasting fee. The comment was made at

about 6.15am.

Mr Anderson complained to Radio Pacific Ltd that the comment was irresponsible

and in breach of the standards.

Observing that the comment was the view of the host and that talkback radio

encouraged robust debate, Radio Pacific declined to uphold the complaint.

Dissatisfied with Radio Pacific's response, Mr Anderson 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.

Decision

The members of the Authority have listened to a tape 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.

The host (Hon John Banks MP) of the breakfast talkback show on Radio Pacific on 2

April was asked for the name of the Minister of Broadcasting. Having given the name,

the host asked why it was required. The caller said he had received an account of

$110.00 for the Broadcasting Fee. He then expressed his dissatisfaction with the

quality of many of the programmes broadcast on television. "Don't pay it,"

responded the host.

Mr Anderson complained to Radio Pacific that the comment was irresponsible.

Radio Pacific assessed the complaint under standard R6 of the Radio Code of

Broadcasting Practice which requires broadcasters:

R6 To respect the principles of law which sustain our society.

Arguing that the fee was controversial, and that the host was expressing a view in a

talkback environment where robust debate was encouraged, Radio Pacific declined to

uphold the complaint.

In his final comment, Mr Anderson considered the fact that the fee was controversial

was irrelevant. A recent Cabinet Minister, he wrote, should not encourage listeners

not to fulfil their legal obligations.

Noting that the host, who is no longer a member of Cabinet, gave a forthright opinion

without reasons, the Authority takes into account that the fee is a statutory levy

which all owners of television sets are required to pay. While it considers the remark

to be both foolish and unhelpful, especially from a person who is a Member of

Parliament, the Authority does not consider that the observation about the levy was

of sufficient gravity to amount to a threat to the requirements contained in standard

R6.

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

Signed for and on behalf of the Authority

Judith Potter
Chairperson
15 May 1997

Appendix

Mr Anderson's Complaint to Radio Pacific Ltd - 2 April 1997

Mr T K Anderson of Auckland complained to Radio Pacific Ltd about a comment

made by the host of the talkback programme at about 6.15am that morning.

The host (Hon John Banks MP) had been asked the name of the Minister of

Broadcasting. In replying, Mr Anderson said, the host had advised the caller not to

pay the broadcasting fee. That comment, Mr Anderson continued was "totally

irresponsible".

Radio Pacific's Response to the Complaint - 3 April 1997

In its response, Radio Pacific maintained that many New Zealanders were opposed to

the broadcasting fee in an era of user-pays. The host, it added, was expressing a

personal view which callers could consider before making up their minds.

Radio Pacific explained that talkback radio encouraged robust debate, and that the

host, as did the listeners, had every right to express a point of view.

Mr Anderson's Referral to the Broadcasting Standards Authority - 6 April 1997

Dissatisfied with Radio Pacific's reply to his complaint that the host had made an

irresponsible comment, Mr Anderson referred his complaint to the Broadcasting

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

Radio Pacific's Response to the Authority - 16 April 1997

Radio Pacific said that standard R6 appeared to encompass Mr Anderson's concern.

Repeating the point that the fee was controversial, but that those who refused to pay

faced prosecution, Radio Pacific maintained that the remark did not come close to

breaching the standard.

Mr Anderson's Final Comment - 26 April 1997

Pointing out that the controversial nature of the broadcasting fee was irrelevant to his

complaint, Mr Anderson maintained that the host's comment showed disrespect for

the law.