BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

"Talking for the Animals" is the title of an opinion piece from the director of the

SPCA in Auckland which is regularly broadcast on Radio Pacific. The lifting of the

embargo on the export of live lambs to the Middle East, for what was described as the

"barbaric" Hajj Festival, was the topic addressed in the broadcast at 12.40pm on

Wednesday 21 January 1998.

Mr Gul Zaman, President of the South Auckland Muslim Association Inc, complained

to Radio Pacific Ltd that the use of the word "barbaric" demeaned and denigrated the

Muslim Community. He also said that it was offensive to Muslims.

Emphasising the issue of the freedom of speech and expressing regret for any offence

caused, Radio Pacific declined to uphold the complaint. It offered Mr Zaman an

opportunity to be interviewed on air to put the Muslim perspective, and this offer

was followed up later by telephone calls.

Dissatisfied that the complaint was not upheld, Mr Zaman on the Association's behalf

referred it 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 read a transcript of the item complained about

and have read the correspondence (summarised in the Appendix). On this occasion,

the Authority determines the complaint without a formal hearing.

The Hajj Festival was described as "barbaric" in an opinion piece broadcast on Radio

Pacific. The regular feature from Mr Bob Kerridge, Executive Director of the SPCA in

Auckland, is called "Talking for the Animals". The comments on the item complained

about deplored the re-introduction of the shipment of live sheep for religious festivals

overseas, principally in view of the number of sheep which died during shipment.

On behalf of the South Auckland Muslim Association, Mr Gul Zaman, the President,

complained to Radio Pacific that the comment denigrated the group's religion. He

took particular exception to the description of the Hajj Festival as "barbaric",

describing the use of this word as offensive.

Neither the complainant nor the broadcaster has nominated a standard under which the

complaint has been assessed. It is the broadcaster's responsibility to so nominate

when the complainant does not refer to a specific standard. In view of the issue raised

in the complaint, the Authority has assessed the complaint under standard R14 of the

Radio Code of Broadcasting Practice. It requires broadcasters:

R14  To avoid portraying people in a manner that encourages denigration of or

discrimination against any section of the community on account of gender,

race, age, disability, occupational status, sexual orientation or as the

consequence of legitimate expression of religious, cultural or political

beliefs. This requirement is not intended to prevent the broadcast of

material which is:

a) factual

b) the expression of serious opinion, or

c) in the legitimate use of humour or satire

Mr Derek Lowe, Radio Pacific's Executive Chairman, expressed regret that the

broadcast may have caused offence. Nevertheless, emphasising the freedom of speech

issue on this occasion, he considered that as both the complainant's and the SPCA's

views were valid, he declined to uphold the complaint. It was for listeners to judge, he

added, the merits of the SPCA's concerns.

Mr Lowe also offered air time to Mr Zaman in which to put the Association's

perspective.

When he referred the Association's complaint to the Authority, Mr Zaman

maintained that, irrespective of the commentator's concern for animals, the offensive

remark made during the month of Ramadaan was intolerable.

In his report to the Authority on behalf of Radio Pacific, counsel Brent Impey

recorded the action which had been taken by the broadcaster. This had involved

repeated written and verbal offers of air time to Mr Zaman and, Mr Impey concluded:

Radio Pacific considers that this complaint has no merit. It considers that Mr

Kerridge has a right to express his opinion and that Mr Zaman should have

taken up the opportunity to express his point of view. There the issue should

lie.

In his final comment, Mr Zaman responded:

Our complaint is quite simple. We do not object to Bob Kerridge or Radio

Pacific expressing their objections to the shipment of live sheep to the Middle

East or to Timbuctoo. Our objection is the denigration of our religion and in

particular calling the hajj festival "barbaric".

I humbly requested both the Radio Pacific and Bob Kerridge to apologise for

their aberration but without success.

In its consideration of this complaint, the Authority focuses on the broadcasting

standards issue. Pursuant to standard R14, a broadcaster is to avoid portraying

people in a manner which encourages discrimination or denigration of them. There is

no doubt that the complainant group is a section of the community to which the

standard applies. The standard, in addition, includes an exemption for the broadcast

of material which is the expression of serious opinion.

Having examined the transcript carefully, the Authority is of the view that this

exemption applies on this occasion. The views advanced were the expression of a

serious, and strongly advanced, opinion on animal welfare which was advanced within

a framework designed for that purpose. The incidental comment on the Hajj festival

was not central to the thrust of the item, and the Authority is satisfied the efforts by

Radio Pacific to offer redress were appropriate. Accordingly, the Authority considers

that standard R14 was not contravened. As a result of this decision, the Authority is

not required to decide whether the views advanced encouraged discrimination or

denigration.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
30 April 199

Appendix

South Auckland Muslim Association's Complaint to Radio Pacific Ltd – 22

January 1998

On behalf of the South Auckland Muslim Association Inc, Gul Zaman complained to

Radio Pacific Ltd about the use of the word "barbaric" to describe the Hajj Festival in

the course of a regular animal welfare slot at about 12.50pm on 21 January 1998.

The complainant explained that the Hajj meant pilgrimage, and was one of the five

pillars of Islam. While acknowledging the importance of freedom of speech, Mr

Zaman said, nevertheless, the term "barbaric" demeaned and denigrated the Muslim

community, and was offensive.

Radio Pacific's Response to the Complaint – 22 January 1998

Stating that the term was used in Bob Kerridge's "Talking for the Animals" opinion

piece, Radio Pacific's Derek Lowe enclosed a transcript of the item. He expressed

regret for any offence Radio Pacific might have caused Muslims.

Mr Lowe explained that Radio Pacific encouraged free speech, and that Mr Kerridge

was an experienced and qualified spokesperson for animals. Mr Lowe continued:

This is clearly a case where cultural reality clashes with concern for the welfare

of sheep. There is probably no one simple answer. I am sure that both points

of view are valid. The Radio Pacific network is not required to agree or disagree

with the views expressed by those who use it, but as publisher we do have

certain responsibilities and we are answerable to the laws of the land and the

broadcasting rules and regulations. In my view we should uphold Bob

Kerridge's right to express himself strongly on this issue. It is one person's

opinion. The audience can judge the merits or otherwise of Bob's concerns.

Offering airtime to Mr Zaman to allow him to express his opinion, Mr Lowe also

pointed out that members of the complainant Association were able to telephone

during the talkback programmes and express their views.

In conclusion, Mr Lowe declined to uphold this complaint as he considered that the

freedom of speech issue was paramount on this occasion.

Further Correspondence

Mr Bob Kerridge, as Executive Director of the SPCA in Auckland, wrote to Mr

Zaman on 28 January and explained that the thrust of the broadcast complained about

was to express concern at the recent government decision to lift its embargo of the live

shipment of lambs for sacrificial slaughter.

If his comments had been interpreted as amounting to the denigration of the Muslim

community, that was unintentional and a matter for which Mr Kerridge expressed

regret. He urged Mr Zaman to accept the invitation to speak on Radio Pacific.

In his reply to Mr Kerridge (dated 28 January), Mr Zaman said he was not satisfied

with the letter. Questioning whether Mr Kerridge had objected to the possible

suffering of the lambs in transit, or their later slaughter, Mr Zaman said his specific

objection focused on the use of the word "barbaric" in relation to the Hajj festival. It

was a word, he added, which would have been deleted without affecting the impact of

the opinion piece.

The Association's Referral to the Broadcasting Standards Authority – 3

February 1998

Dissatisfied with the broadcaster's response, Mr Zaman as President of the South

Auckland Muslim Association Inc referred the complaint to the Broadcasting

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

Mr Zaman stated that the complaint focussed on the use of the word "barbaric" to

describe the Hajj festival, and despite the opportunities to retract the term, neither

Radio Pacific nor Mr Kerridge had done so. He wrote:

In the past on many occasions various people have made malicious, derogatory

and slanderous remarks over Radio Pacific but we have tolerated them.

However, this offensive remark by a so-called respectable member of the New

Zealand society (irrespective of his love for the animals) during the fasting

month of Ramadan could not be tolerated by us.

Radio Pacific Responses to the Authority – 19 February and 17 March 1998

In the reply of 19 February, Mr Lowe noted that Mr Zaman had not responded to the

offer of airtime during a morning talkback session which, he said, would have been an

excellent opportunity to put across his view.

Radio Pacific's substantive response of 17 March was written by its counsel, Brent

Impey. He listed the action which had been taken by Radio Pacific:

1. In a telephone conversation with Mr Zaman on 22 January, Mr Lowe had

said that the issue was one of free speech and he had encouraged Mr

Zaman to participate in a talkback programme to give an Islamic point of

view.

2. That offer was repeated in Mr Lowe's written response to Mr Zaman's

letter of complaint.

3. On 29 January, Mr Lowe had sent a memo to the host of the morning

talkback session on Radio Pacific (Jenny Anderson), and asked her to

contact Mr Zaman to follow up the offer. A copy of that memo was

attached.

4. On 30 January, Ms Anderson's producer (Aileen Nakhle) telephoned Mr

Zaman. They spoke a few days later when Mr Zaman declined the offer.

Ms Nakhle recorded these matters in a memo to Mr Lowe dated 20

February. It was also attached.

Mr Impey concluded:

Radio Pacific considers that this complaint has no merit. It considers that Mr

Kerridge has a right to express his opinion and that Mr Zaman should have

taken up the opportunity to express his point of view. There the issue should

lie.

The Association's Final Comment – 1 April 1998

On the Association's behalf, Mr Zaman said that the complaint was "quite simple".

It did not object to the expressions of concern about the shipment of live sheep. The

Association objected to the denigration of its religion, and, in particular, calling the

hajj festival "barbaric". He added that he had been unsuccessful in his request for an

'apology from Radio Pacific and Mr Kerridge.