BSA Decisions Ngā Whakatau a te Mana Whanonga Kaipāho

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Summary

After playing a song in a request session on National Radio on 6 September 1997, the

host referred to the letter written by the person who requested the song.

Ian Ward, the person referred to, complained to the Broadcasting Standards Authority

under s.8(1)(c) of the Broadcasting Act 1989 that his privacy was breached when his

letter was read out, he claimed, for the sole purpose of admonishing him for being

critical of RNZ's music selection. He maintained that a remark was made about him

to the effect that he was "hitting below the belt".

In its response to the Authority, RNZ explained that Mr Ward's name had been used

with his implicit consent, as was the accepted practice on its request programme.

Referring to the announcer's comment, RNZ advised that the expression used was a

cricketing term, "break a duck". RNZ maintained that there was no breach of privacy

and considered the complaint should not be upheld.

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 complained about

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

the Authority determines the complaint without a formal hearing.

During a request session on National Radio on the evening of 6 September 1997, the

host referred by name to a person who had requested a song and, in an aside, said

"now that breaks the duck".

Mr Ward of Christchurch complained to the Broadcasting Standards Authority that

the reference to him and the host's remarks were unfair to him. He heard his name

mentioned on three occasions and said that he was accused of "hitting below the belt."

The Authority accepted the complaint as a privacy complaint, and sought RNZ's

comments on the matter. When it responded to the Authority, RNZ explained the

background to the complaint. It appears that Mr Ward had responded to a

questionnaire by NZ on Air about programming which invited listeners' comments.

In his response, addressed to National Radio, he commented that he missed the

"lovely old songs of the 40s and 50s" and that he believed his views were shared by

many older people. He suggested that radio no longer had any regard for older people.

When it received Mr Ward's letter, the producer of the Saturday evening request

programme telephoned him and arranged to have a song of his request played. It was

made clear that Mr Ward's full name would be used. He made no request that it not

be used. RNZ assumed that Mr Ward misheard the host's aside, when he used the

cricketing term "that breaks the duck".

As for the privacy breach, RNZ responded that an informal request session did not

breach the privacy of anyone named. It believed that Mr Ward, as a regular listener to

National Radio, would have been aware that it was customary to name people who

had requested songs.

Having listened to the tape of the item and read the correspondence, the Authority is

of the view that Mr Ward misunderstood the private reference made to the

correspondence which had been taking place between him and RNZ. The aside "that

breaks the duck" was not, as Mr Ward believed, an admonishment for his criticisms of

the programme and lack of attention given to the wishes of older listeners. It was the

host's way of acknowledging that music for older listeners had not been played, and

after playing the song requested by Mr Ward, he suggested "that breaks the duck",

which, in cricketing terms, meant the status quo had changed.

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

Signed for and on behalf of the Authority

Sam Maling
Chairperson
27 November 1997

Appendix

Ian Ward's Complaint to the Broadcasting Standards Authority - 30 September

1997

Mr Ward of Christchurch complained to the Broadcasting Standards Authority under

s.8(1)(c) of the Broadcasting Act 1989 that his privacy was breached when remarks

were made about him during a request session on National Radio on 6 September

1997.

Mr Ward explained that in August he had responded to a NZ on Air newsletter which

contained a questionnaire relating to programmes and which invited listeners to make

comments. His written comments concerned the lack of music for older listeners. A

few days after he sent the letter, he was telephoned by a producer from National

Radio, who invited him to select a song for the request programme on 6 September.

He wrote:

During the request session, there was a break in the programme, while the

announcer read out (Mr Peter Fry) the contents of my letter to listeners. I

was astounded - my name was mentioned on 3 occasions, and I was

subsequently accused of quote: hitting below the belt: unquote.

In Mr Ward's view, the only reason he was invited to make a request was so that he

could be admonished for daring to express his views about programming. He

expressed his concern about the incident, and asked what RNZ intended to do about

the matter.

RNZ's Response to the Authority - 7 October 1997

In its response, RNZ explained the chronology of events. It noted that the letter from

Mr Ward was forwarded from NZ on Air to RNZ and then directed for action to the

producer of the Saturday night request show. Following the show's normal practice,

the producer telephoned Mr Ward and invited him to request a song for the Saturday

night session.

RNZ reported that the producer and Mr Ward had "a cheerful chat" and that Mr

Ward did not ask that his name not be used. It expressed surprise that having made a

specific request for a song, Mr Ward then decided to make a complaint.

Regarding the allegation that the announcer made a remark about hitting below the belt,

RNZ responded that the expression used was a cricketing term, "break a duck". It

provided a cassette of the item and its announcements for the Authority.

With respect to a possible breach of privacy, RNZ responded that unless the caller

had requested anonymity, it was the usual practice to announce the name of the

requester. RNZ considered it highly unlikely that Mr Ward did not know of its

normal practice.

Turning to the privacy principles, RNZ argued that since Mr Ward had given consent

for his name to be broadcast, he could not later claim that his privacy was breached.

RNZ appended a copy of the letter written by Mr Ward, which was addressed to NZ

on Air, National Radio, in which he wrote that he missed the lovely old songs of the

40s and 50s and that there was now no regard by radio for older people.

Mr Ward's Final Comment - 14 October 1997

When asked to make a brief final comment, Mr Ward wrote that even assuming the

announcer made the comments he did, in his view, he made a mockery of his genuine

concerns for older people.

Mr Ward said that he remained convinced that he heard the announcer make the

comment "hitting below the belt". Mr Ward felt the announcer overreacted about

using his name and considered the repeated use of it in connection with his comments

seemed to be unnecessary.