TVNZ ordered to issue statement over Henry
TVNZ ordered to issue statement over Henry’s
“retarded” comment
Television New
Zealand has been ordered to broadcast a statement on its
Breakfast programme summarising the Broadcasting Standards
Authority’s decision over host Paul Henry’s description
of singer Susan Boyle as “retarded”.
In a decision issued today the Broadcasting Standards Authority agreed that TVNZ was correct to uphold complaints that Mr Henry’s comments breached the good taste and decency standard (Standard 1), but found that the action taken by the broadcaster was insufficient.
The BSA also found in a majority decision that the comments breached the broadcasting standard relating to discrimination and denigration (Standard 7).
Mr Henry made the comments during the Breakfast programme of 23 November 2009 while referring to a magazine article about Ms Boyle.
Mr Henry said the singer was “retarded” because “she was starved of oxygen and suffered a mild form of intellectual disability”. He then held up the magazine picture of Ms Boyle and said “if you look carefully you can make it out, can’t you?”
In response to complaints TVNZ agreed that the comments breached Standard 1, but not Standard 7.
Mr Henry made a public statement that he had never intended to cause offence to people with disabilities. He said that he had a great amount of respect for people who rose to the challenges imposed on them in life.
Dissatisfied that TVNZ had not upheld a breach of Standard 7 or sufficiently remedied the Standard 1 breach, 11 people referred their complaints to the BSA.
In its decision, the BSA said it was used to Mr Henry’s challenging style and had in the past upheld his right to freedom of expression. However, in this instance it found Mr Henry had gone too far.
“He mocked and belittled Ms Boyle on the basis of her intellectual disability. This is contrary to common decency and a clear breach of the good taste and decency standard,” the decision said.
The BSA was of the view that Mr Henry’s statement about his regard for people who meet life’s challenges was inconsistent with his comments about Susan Boyle, and that releasing the statement was insufficient remedy for a “blatant” breach of Standard 1. The BSA also noted no on-air statement had been made on Breakfast.
In regard to the Standard 7 complaint, the BSA found, in a majority decision, that Mr Henry’s comments, intentionally or unintentionally, extended to encompass all those who suffered from intellectual disabilities.
“While Mr Henry’s cruel comments and actions were brief, the message that viewers would have received was that people with intellectual disabilities can be identified and characterised by certain physical features, and are appropriate subjects for ridicule.”
The majority of the BSA considered that Mr Henry’s comments, “had the effect of reinforcing and legitimising particularly repugnant attitudes towards intellectually disabled people”.
TVNZ was ordered to broadcast a statement on Breakfast within one month of the order.
ENDS