Commission supports BSA finding

The Human Rights Commission strongly supports the Broadcasting Standards Authority (BSA) decision that Television New Zealand (TVNZ) did not take sufficient action after “Breakfast” host Paul Henry called singer Susan Boyle a “retard”. TVNZ has been ordered by the BSA to broadcast a statement to be aired on the “Breakfast” programme.

The Commission supported People First NZ in its complaint to the BSA that Television New Zealand had not done enough in response to a blatant breach of broadcasting standards. More than 300 people contacted the Commission to complain about Henry’s remarks.

“We are delighted People First NZ and 10 other New Zealanders have won an important victory for intellectually disabled people. This case is about dignity and respect for people with intellectual disabilities, their families and their supporters”, says EEO Commissioner Dr Judy McGregor.

“It’s also a landmark decision. A majority of the Authority has also found the broadcaster has breached the discrimination and denigration standard. This is a high threshold and the Authority said the comments extended beyond Susan Boyle and encompassed all members of the community who suffer from intellectual disabilities.”

“The Authority then had to decide whether the comments ‘encouraged discrimination’ and said ‘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 Authority said, “we consider that Mr Henry’s comments and behaviour including his casual assumption that his audience should share his sentiments- had the effect of reinforcing and legitimising particularly repugnant attitudes towards intellectually disabled people”.

It went on to say, “on this occasion we can find nothing to redeem or excuse Mr Henry’s behaviour or comments. It could not be said to be remotely connected to serious comment, opinion or analysis, nor was it ‘legitimate’ humour or satire. Rather, it was more akin to the kind of cruel jibe more usually heard in a schoolyard setting. We consider that it had no place in a national news and magazine programme carried by the state broadcaster.”

The majority of the Authority concluded by stating that upholding a complaint of discrimination and denigration places a justified and reasonable limitation on TVNZ’s freedom of expression.

People First NZ had previously complained in the first instance, with the Commission’s support, to TVNZ. The broadcaster agreed with People First NZ and upheld a breach of broadcasting standards relating to good taste and decency. However, People First NZ did not feel TVNZ had responded sufficiently to the blatant breach. While Mr Henry had commented in the press about the matter and had issued a statement to the BSA, nothing had been broadcast on TVNZ after TVNZ found he had breached good taste and decency. People First NZ, supported by the Human Rights Commission, appealed to the BSA on the grounds that the broadcaster had taken insufficient action. Ten other individuals from throughout the country also complained to the BSA.

Read the full BSA finding online.

ENDS

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