BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

Summary

"Voice of Mesopotamia", a programme in the Assyrian language, was broadcast on 19

March 1997 at 6.30pm on Access Community Radio Auckland Inc. Part of the

programme included a selection of poems written and read in the Assyrian language.

Mr Edwar Dinkha complained that one particular poem was a personal attack on him

and on his character, and that he was clearly identified within the Assyrian community

as being the subject of the reading.

Access Community Radio Auckland Inc responded by upholding the complaint,

agreeing that the reading could be interpreted as a personal attack. It ordered that an

apology be broadcast by the "Voice of Mesopotamia" on 30 April. As he was

dissatisfied with the apology which was broadcast, Mr Dinkha 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 upholds the complaint that the action taken

was insufficient. It orders Access Community Radio Auckland Inc to broadcast an

apology.

Decision

The members of the Authority have read two different transcripts of the item

complained about, and the apology which was broadcast, and have read the

correspondence (summarised in the Appendix). They have also listened to a tape of

the song broadcast after the apology was aired. In this instance, the Authority

determines the complaint without a formal hearing.

"Voice of Mesopotamia" is a programme broadcast weekly on Access Community

Radio Auckland Inc for the Auckland Assyrian community and includes items and

songs in the Assyrian language. On 19 March 1997 in the programme which began at

6.30pm, a poem was read in the Assyrian language.

Mr Dinkha, a member of the Assyrian community, complained to Access Community

Radio that the poem was a personal attack on him and, although his name was not

mentioned directly, he was easily identified as being the subject of the poem by others

in the Assyrian community. He considered that the poem maligned his character and

ridiculed him, and he reported that he had suffered a great deal of embarrassment.

When it responded to Mr Dinkha, Access Community Radio advised that its

Complaints Committee had concluded that the reading could well be interpreted as

being directed at one particular person. It therefore upheld the complaint and ordered

"Voice of Mesopotamia" to broadcast an apology, in the Assyrian language, at the

beginning of the programme to be broadcast on 30 April. The English text of the

proposed apology read:

The "Voice of Mesopotamia" programme has been directed by the Committee

of Management of Access Community Radio Auckland to apologise for a

section of the broadcast made on Wednesday 19 March.

The programme makers unreservedly apologise to anyone who may have been

offended by the contents of the poetic reading broadcast on that evening. We

sincerely regret any distress caused to any listener and assure members of the

Assyrian community that no slur on anyone's reputation was intended.

Access Community Radio advised the producer of "Voice of Mesopotamia" that

failure to comply with its requirements would result in its airtime being cancelled.

The producer responded that "Voice of Mesopotamia" saw no reason to apologise to

Mr Dinkha, because the poem did not mention any name and was not intended to refer

to any person. He explained that the poem was about a controversial Iraqi leader who

was not much liked and that the poem "was mainly derived from" a poem about this

leader, with some parts added to it from another poem by an American poet. The

producer noted that there were three different Assyrian groups living in Auckland

which each had different philosophies. The producer repeated that the poem was not

about anyone in New Zealand and was included to make the programme more

interesting and have some variety. In a later letter to Access Community Radio, the

producer repeated his belief that there was no need to make an apology.

As a result of this correspondence, Access Community Radio agreed to amend the text

of the apology to read:

On Wednesday 19 March, the "Voice of Mesopotamia" broadcast a series of

quotes in the poem section of the programme. The quotes were an historical

reference to events in Iraq. There was no intention to refer to any member of

the Assyrian community in Auckland and we regret it if such an interpretation

was drawn from it.

When advised of the amended wording of the apology, Mr Dinkha informed Access

Community Radio that the apology did not suffice to alleviate his humiliation because

it was too general and did not refer to him as the aggrieved party. In another letter,

written after the broadcast of the apology, he repeated that the apology did nothing to

alleviate his pain and humiliation. Furthermore, he wrote, it was made worse by the

broadcast immediately following the apology of an Assyrian song, of which about

60% comprised a laugh track. This he regarded as an act of defiance and arrogance on

the part of the programmers.

Mr Dinkha sought an amendment of the apology, and asked that it be broadcast on

three occasions and a copy be inserted in the local newspaper. In addition he sought

compensation for the breach of his privacy.

The Authority accepts that the broadcast of the poem was a breach of broadcasting

standards. Its task is to assess the adequacy of the apology, given that Mr Dinkha

considers it did not satisfactorily deal with his grievance.

The Authority notes that the text of the apology was changed after the producer of

"Voice of Mesopotamia" explained to Access Community Radio that the poem was

concerned with historical events and had nothing to do with anyone presently living in

Auckland. This appears to be inconsistent with Access Community Radio's initial

reaction to the poem, which was that it could well be considered as being directed at a

particular person. Mr Dinkha did not accept that it had anything to do with historical

events in Iraq, and noted that there were a number of references which could be

interpreted as being about him.

Despite this disagreement, the Authority is of the view that the wording of the

amended apology could well have been adequate, because it still left open the

possibility that the poem could have been interpreted as applying to a particular

person. However, having listened to a tape of the song which was broadcast

immediately following the apology, the Authority considers that was a deliberate

attempt to subvert the apology. The first minute of the song included 40 seconds of

laughing along with some music before the song itself began. Choruses of the song

included more laughter. The Authority believes the selection of this particular song to

be played immediately following the apology was a provocative and deliberate act

which, as Mr Dinkha alleged, successfully undermined the apology. Accordingly, it

upholds the complaint that the action taken by Access Community Radio was

insufficient.

For the reasons set forth above, the Authority upholds the complaint that the

action taken by Access Community Radio Auckland Inc, having upheld a

complaint about a broadcast on 19 March 1997 at 6.30pm, was insufficient.

Having upheld a complaint, the Authority may make an order under s.13(1) of the

Broadcasting Act 1989. In view of the ineffectiveness of the apology which was

broadcast, the Authority orders Access Community Radio Auckland Inc to broadcast

during the "Voice of Mesopotamia" another apology.

Order

The Authority orders Access Community Radio Auckland Inc to broadcast

during "Voice of Mesopotamia" an apology, approved by the Authority, within

one month of the date of this decision.

Signed for and on behalf of the Authority

Sam Maling
Chairperson
17 July 1997

Appendix

Edwar Dinkha's Complaint to Access Community Radio Auckland Inc – 1 April

1997

The Voice of Mesopotamia broadcast a programme in the Assyrian language on

Access Community Radio Auckland Inc at 6.30pm on 19 March 1997.

Mr Edwar Dinkha, a member of the Assyrian community, complained to Access

Community Radio that a poem which was read during the programme was an attack

on his character and damaged his reputation. He advised that although his name was

not mentioned, he was instantly identified by the Assyrian community.

He sought a written transcript of the programme in both English and Assyrian.

Further Correspondence – 8 April 1997

Access Radio acknowledged receipt of the formal complaint. It suggested that since

Mr Dinkha had a recording of the programme he should do the transcription and

translation himself.

Mr Dinkha responded that he was not fluent in Assyrian and not equipped to do the

translation. He explained that he needed the written transcript to highlight in detail all

of the insults and defamation on his character.

Access Community Radio's Response to the Formal Complaint – 21 April 1997

Access Radio advised that it upheld the complaint against the "Voice of Mesopotamia"

programme, advising:

In reference to the so-called poetic reading, the committee found: "...The

unrelenting emphasis on pride and betrayal and the reference in each segment

to only one person (man), led the committee to the conclusion that the reading

could well be interpreted as directed at a particular person. The time and

consideration required to seek out and transcribe the selection of quotes,

reinforces that notion."

Access Radio advised that it had directed the presenters of "Voice of Mesopotamia" to

broadcast an apology, in the Assyrian language at the beginning of the programme on

30 April. The following apology, in English, was appended.

The "Voice of Mesopotamia" programme has been directed by the Committee

of Management of Access Community Radio Auckland to apologise for a

section of the broadcast made on Wednesday 19 March.

The programme makers unreservedly apologise to anyone who may have been

offended by the contents of the poetic reading broadcast on that evening. We

sincerely regret any distress caused to any listener and assure members of the

Assyrian community that no slur on anyone's reputation was intended.

Access Radio also included a copy of a letter to the producer of the programme in

which it advised that it upheld the complaint and required the Voice of Mesopotamia

to broadcast an apology. An English script was attached, and it was advised that the

apology should be in Assyrian. The Voice of Mesopotamia was advised that failure

to comply with those requirements would result in its airtime being cancelled.

In a letter dated 23 April, the producer of the Voice of Mesopotamia responded to

Access Radio. It advised that the programme was not compiled as a reading for

Easter, but that nearly every Tuesday it had different poems from different sources.

The producer explained that the Assyrians came mainly from northern Iraq and some

were fighting the Iraqi government for independence. The leader of one of the parties

in Iraq was not liked because he was a trouble maker and had divided the Assyrian

community into smaller parties. In Auckland there were three Assyrian groups, one

of which supported the rebel party. The producer explained that the group to which

Mr Dinkha belonged did not support that group and was mainly a religious group.

According to the producer, the poem which was read was about this controversial

leader in Iraq and not about Mr Dinkha. The producer could not understand why Mr

Dinkha thought it was about him. He concluded:

...we don't see any reason to apologise from any person because not only we

didn't mention any name but also we didn't mean any particular person

whatsoever.

In a second letter dated 25 April, the producer of the "Voice of Mesopotamia" repeated

that the poem was not about Mr Dinkha and that there would be no apology.

In a fax dated 29 April, Access Radio advised Mr Dinkha that it agreed to amend the

text of the apology to read:

On Wednesday 19 March, the "Voice of Mesopotamia" broadcast a series of

quotes in the poem section of the programme. The quotes were an historical

reference to Iraq. There was no intention to refer to any member of the

Assyrian community in Auckland and we regret it if such an interpretation was

drawn from it.

Mr Dinkha responded in a letter dated 29 April. He requested the original script of

the programme in Assyrian, as he did not believe the script which the station used was

accurate.

He advised that the apology did nothing to alleviate his pain and humiliation, and was

too general and did not refer to him as the aggrieved party.

Mr Dinkha explained that the poem referred to events of the present in Auckland, and

the division in the Assyrian community. He advised that he felt threatened by the

contents of the poem, as it provided a reason for some people to physically attack

him. He added:

Your station has tried to "water down" the seriousness of the broadcast, you

appear to have neglected to impose editorial control to safeguard yourself and

other people.

Mr Dinkha's Referral to the Broadcasting Standards Authority – 12 May 1997

Dissatisfied with Access Radio's response, Mr Dinkha referred the complaint to the

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

Mr Dinkha repeated that the consequences of the broadcast had been serious for him

and his family. He had been publicly humiliated, and his integrity had been attacked.

He had also been defamed and his safety threatened.

Mr Dinkha outlined the correspondence he had had with Access Radio, noting that it

had agreed that there was a breach of standards and had ordered an apology. However,

on the day the apology was due to be aired, he received a fax with a transcript of the

poem in English and an amended version of the apology which showed that the

broadcaster had backed down from its original stand. Mr Dinkha pointed out that the

contents of the letter were such that it should not have been faxed to him, as it was a

private matter and not for everyone in his workplace to see.

Mr Dinkha complained about the way in which he was treated by Access Radio,

expressing his astonishment at the changes made to the apology, and the reason being

given that it was a historical reference to events in Iraq. He wrote:

Here I say that this is a lie because ACR has agreed in a previous letter based

on "translations" that the quotes were made in reference to a person (man), and

I am so confident that there is no truth in what they are claiming eg what

events in Iraq relate to a person who according to the poetic reading is

presently teasing members of the community, has white hair (I do have white

hair), in the name of Jesus he weaves lies (I am the secretary of our church

committee and one of three trustees of the same church in New Zealand), you

should be aware also that a majority of members of the society the radio

belongs to are not from the same church and that just weeks before this attack

on my good name we were (a group that I belong to) members in the same

society and all this is because we decided to withdraw our membership from

the society (Auckland Assyrian Society Inc) in relation to this, the poetic

reading says "He divided the community.

Mr Dinkha repeated that the apology did nothing to alleviate his pain and suffering as

it was too general, not specific, and did not refer to him as the aggrieved party. What

made it worse was that immediately following the apology, the programme included an

Assyrian song which comprised 60% loud laughing.

Mr Dinkha advised that because of the broadcast people looked at him differently and

that his character had been damaged.

Mr Dinkha sought an amendment to the apology, and asked that it be broadcast three

times by the same presenter and a copy of the apology be place in the local

newspaper. He also sought compensation for damages as his privacy had been

breached.

Access Community Radio's Response to the Broadcasting Standards Authority –

19 May 1997

Access Radio advised that it had not sent a tape of the programme since it is in the

Assyrian language. It enclosed two translations of the reading, both of which were

almost the same.

Access Radio explained why Mr Dinkha did not receive the amended announcement

until the day of the broadcast of the apology. The producer's letters had not been

received until 28 April (delayed because of the Anzac Day weekend) and the

programme makers were not available until the following day when they came for their

pre-recording session.

Mr Dinkha's Final Comment – 30 May 1997

Mr Dinkha referred first to the correspondence between the producer and Access

Radio in his final comment. In his view, the producer, by claiming that the poem was

targeting an Iraqi leader was admitting that he was using his broadcast to attack

someone. Mr Dinkha considered that to be very dangerous because many people

respected the man, particularly those in the Assyrian community in Wellington.

With respect to his request for a transcript in the Assyrian language, Mr Dinkha

complained that Access Radio had ignored his repeated requests and instead relied on

inaccurate translations from unknown sources, which were "almost" the same. He

considered this did not give him a fair opportunity to build his case. He wrote:

If you are still in doubt then there was a witness who is part of Radio

Mesopotamia, this person's name is Ninos, he is in charge of setting up music,

this person said in my presence and three more about a month ago that when

he heard the poem in the day of the broadcast he said to [the producer] why

don't you mention Edwar's name and finish with it, [the producer] gave him a

smile. This means I was identified as the target for the poetic reading.

Mr Dinkha reminded Access Radio that it had a responsibility to guarantee people's

privacy and integrity. He explained how stressful the incident had been on him and

his family, and asked the Authority to reach a decision which cleared his name and

reputation, and make it a lesson for others who dare to attack innocent people.

Further Correspondence

By telephone, the Authority requested a copy of the song referred to by Mr Dinkha

which was played immediately after the broadcast of the apology.

Access Community Radio responded in a letter dated 20 June, and included a letter

from the Auckland Assyrian Society Incorporated which explained that the song was

written by a well known poet and sung by the poet's brother, who is one of the most

popular and beloved of all Assyrian singers.

The Assyrian Society pointed out that the song was about the philosophy of life and

death and the singer was laughing at people who thought only about money and

wealth. The Society concluded:

There is nothing wrong with this song and there is no law against broadcasting

it.

In a letter dated 29 June 1997, Mr Dinkha maintained that he had no doubt that the

song was an act of defiance and arrogance on the part of the broadcaster, and to make

it worse, he wrote, another person was brought in to read the apology instead of one

of the permanent staff at the station.

Mr Dinkha described as an incredible coincidence the choice of song after the apology,

especially as it was the only song of its type among thousands of Assyrian songs. He

did not consider the wording of the song important, because the overall impression of

the song was the laughter.

In a final letter, Access Community Radio clarified who was present at the time of the

recording of the apology. It advised that none of its permanent members of staff was

present. Access believed that Mr Dinkha was referring to the staff of the volunteer

group "Voice of Mesopotamia" when he referred to who read the apology.

Translation 1

Whenever he sitting he start to laud himself

About Assyria starts asking

Thinking himself Assyrian king

And by the name of Jesus weaving lies.

Me and you always meeting him

And never respect orders

Through our community he is not beloved

He is not worth even two cents

Head without brains always insulting the people

With black heart and white hair

He passed through the darkness leaving the light

Oh what a wrong time we have.

All they hate him

And even he think himself he is a king

He does the subject he wants

And distinguish the community

The useless tree it will be burnt

And it will be thrown into the garbage

And the person who will not be useful to his nation

He will have no place in Mesopotamia

He will have no place in Mesopotamia

Translation 2

Wherever he sits he is ostentatious about Assyria

He talks and asks, he thinks himself king of Assyria

In the name of Jesus he weaves lies.

He teases me and you

He outrages the laws

He is ostracised by his own people

He is not worth even two cents

With an empty brain he criticises everybody

His heart is black, his head is white

He entered the darkness and left the light

What a strange twisted time this is.

Everybody hates him

He thinks himself he is the king

He did what he wanted

He divided the community.

The tree which doesn't give good fruit

Should be burned and thrown in the rubbish

He who doesn't work for his people

In Mesopotamia doesn't have a place

In Mesopotamia doesn't have a place.