BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

Following the public announcement that Super 12 rugby player Roger Randle did not

intend to travel with his team to South Africa, a talkback host on The Radio

Network's sport stations observed, in a programme on 13 April 1998 at about

9.30am, that there should be a rule that Super 12 players on tour should be barred

from inviting any guests to their hotel rooms.

Mr Hildreth complained to the Broadcasting Standards Authority under s.8(1)(c) that

the inference that the player had invited guests to his room was harmful to him and

damaged his reputation. He noted that the player had not been found guilty of any

misconduct in the past.

The Radio Network (TRN) replied that the subject of the player's decision not to

travel to South Africa had been raised in a press conference by the team management.

The host's opinion was that players needed protocols to protect them from possible

compromising off field incidents. It noted that the host had avoided mentioning the

player personally, and had concentrated on the wider issue of traps for players on

tour.

For the reasons given below, the Authority declines to uphold the complaint.

Decision

The members of the Authority have listened to a tape of the item, and have read the

correspondence (summarised in the Appendix). On this occasion, the Authority

determines the complaint without a formal hearing.

Talkback on a sports programme broadcast on TRN's sports network on 13 April

1998 between 9.00–10.00am focussed on Roger Randle's decision not to tour South

Africa with his Super 12 rugby team. His decision had been made public in a press

conference the previous day. The host of the programme suggested that future touring

rugby sides should have protocols in place to ensure that players did not entertain in

their hotel rooms.

Mr Hildreth of Waiuku complained to the Broadcasting Standards Authority under

s.8(1)(c) of the Broadcasting Act 1989 that the inference which could be drawn from

the host's comments was that Roger Randle had invited guests to his hotel room in the

past. In his view, the host's remarks amounted to an unacceptable invasion into the

private life of Roger Randle. He pointed out that all charges against Mr Randle had

been dropped after an incident in South Africa the previous year when a woman

alleged she had been raped. In Mr Hildreth's view, the subject was hurtful to Mr

Randle personally, and to his reputation. He argued that Mr Randle remained

innocent, since he was never found guilty, and deserved assistance to put the matter

behind him.

When it responded, TRN provided comment from the producer of the programme. It

pointed out that Mr Randle's decision not to travel to South Africa had been made

public the previous day and was featured in both Sunday newspapers. According to

TRN, the reason Mr Randle had decided not to travel was because the events of the

previous year, when he was accused of rape, were still too traumatic for him. It

pointed out that his team had called a press conference after their game the previous

day to announce Mr Randle's decision.

The producer advised that he and the programme's host had agreed in advance that, as

it was topical, Mr Randle's decision would be one of the subjects raised for discussion

in the talkback segment of the sports programme. As expected, TRN wrote, the topic

generated a great deal of discussion. Its host, it observed, consistently took the line

that protocols needed to be developed which would prevent players from being

compromised in incidents off the field. In particular, he suggested that there should be

a ban on players entertaining guests in their hotel rooms. TRN noted that he avoided

mentioning Roger Randle by name, and concentrated on the wider issue of player

etiquette and off-field behaviour.

With respect to the alleged breach of privacy, TRN argued that it was Roger Randle

himself who had brought the matter back into the public arena by announcing, in a

press conference, his decision not to go to South Africa. In TRN's view, it was a

legitimate talkback topic.

Under s.4(1)(c) of the Broadcasting Act 1989, broadcasters are required to maintain

standards which are consistent with the privacy of the individual. When it

investigates a complaint alleging that that requirement has been transgressed, the

Authority applies a set of Privacy Principles which it enumerated in an Advisory

Opinion dated 6 May 1996. Those principles are based on the premise that an

individual's right to privacy exists unless there is reason for disclosure, such as when

the matter is in the public interest, or when the individual concerned has given

consent.

Applying the facts of this complaint, the Authority observes first, that Roger Randle

himself was responsible for the matter being placed in the public arena. His team had

called a press conference at which he advised that he did not intend to travel to South

Africa as part of his team. Whether he gave his reasons for his decision is not clear.

However, since the incident involving an allegation of rape against him and another

player the previous year had been well-publicised at the time, and in various media

subsequently, the Authority considers it was not surprising that conjecture ensued

about his reasons for not returning to South Africa.

Secondly, the Authority believes, despite the fact that no charges were laid against Mr

Randle, the general issue of players entertaining in their rooms and the possibility of

their being compromised as a result, is a legitimate topic for public debate. That issue,

it considers, was relevant in the context of Mr Randle's decision not to play in South

Africa. Whether or not he was innocent of the alleged rape, the fact remained that he

had suffered unpleasant consequences as a result of the incident.

Thus, the Authority concludes, the privacy complaint fails on two grounds. The first

is that it was Mr Randle's decision to make a public announcement about his decision

not to return to South Africa, and second, the details about the previous incident were

public information and were of legitimate concern or interest to the public.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
25 June 1998

Appendix

H C Hildreth's Complaint to the Broadcasting Standards Authority – 17 April

1998

Mr Hildreth of Waiuku complained to the Broadcasting Standards Authority under

s.8(1)(c) of the Broadcasting Act 1989 about comments made on a talkback

programme on The Radio Network's sports stations on 13 April 1998 at about 9.30

am. The subject was the decision by Roger Randle not to travel with his Super 12

team to play in South Africa.

In the context of Mr Randle's decision not to travel to South Africa, the host

suggested that there should be a rule that Super 12 players should be barred from

inviting any guests to their hotel rooms.

Mr Hildreth complained that the inference was made that Roger Randle had done that.

In view of the fact that past charges against Mr Randle had been dropped, Mr

Hildreth considered that the host had raised a subject which would be hurtful to Mr

Randle personally, and to his reputation. He pointed out that Mr Randle remained

innocent since he was never found guilty and said that he deserved assistance in

putting the matter behind him.

The Radio Network's Response to the Authority – 29 April 1998

The Radio Network provided comment from the programme's producer about the

item. The context of the discussion, it wrote, was a story published in both Sunday

newspapers that Roger Randle had decided not to travel to South Africa with his team

because the events of 12 months previously, when he was accused of rape, were still

too traumatic for him. The team management had called a press conference to

announce the decision.

The producer said he and the host discussed how they would handle the issue and

decided that the angle they would take was to determine what protocols were in place

to prevent other players from finding themselves in a similar predicament.

The producer advised that the team's manager admitted that there were no such

protocols, and that rugby players were responsible for their own actions.

In the producer's opinion, the host took a strong and sincerely-felt moral position on

the issue, and was fair in dealing with what was a sensitive issue.

He pointed out that at no time was the alleged rape the talkback topic, nor was the

actual incident discussed other than as the reason for Mr Randle's decision not to

tour. He added:

While this might be seen as an invasion into Randle's privacy, the man himself

had brought the issue back into the public arena by holding the Press

conference to announce his decision, and as producer of the show I felt, and

still do, it was a very legitimate talkback topic.

The producer noted that they had many calls on the subject, but only one caller had

felt they should not be discussing the topic.

TRN advised that it agreed with the view of the producer. It said the topic was a

legitimate one for discussion, and had been raised as a result of a press conference by

the team management regarding Roger Randle's decision. TRN noted that the host

consistently avoided mention of Mr Randle himself and concentrated on the wider

issue of the traps faced by players on tour.

Mr Hildreth's Final Comment

When asked if he wished to make a final comment on the complaint, Mr Hildreth did

not respond.