Henry went too far in calling Boyle 'retarded': BSA

TVNZ and controversial television host Paul Henry have been ordered to admit on-air it breached broadcasting standards for "going too far" in describing singer Susan Boyle as "retarded".

Henry made the comments during the Breakfast programme in November last year. While referring to a magazine article about Boyle he 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 Boyle and said "if you look carefully you can make it out, can't you?"

Following complaints TVNZ itself found the comments breached the good taste and decency standards but not standards relating to discrimination and denigration. Henry made a public statement that he had never intended to cause offence to people with disabilities.

Eleven people referred their complaints to the Broadcasting Standards Authority (BSA), which today said that while TVNZ was correct to uphold the complaint about good taste and decency it had not done enough to put things right.

The BSA also found, in a majority decision, that the comments breached the broadcasting standard relating to discrimination and denigration.

The BSA was "used to Mr Henry's challenging style" and had in the past upheld his right to freedom of expression but this time Henry had gone too far, it said.

"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 BSA believed Henry's statement about his regard for people who meet life's challenges was inconsistent with his comments about Boyle, and that releasing the statement was insufficient remedy for a "blatant" breach of the good taste and decency standards.

The BSA also noted no on-air apology had been made on Breakfast.

Regarding the discrimination and denigration complaint, the BSA found, in a majority decision, that Henry's comments, intentionally or unintentionally, encompassed 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 admitting the breaches.

BSA chief executive Dominic Sheehan said it was not ordering TVNZ to broadcast an apology, but it could if it could so if wanted.

Meanwhile, in a separate decision, the BSA did not uphold a complaint against radio station employee Warwick Slow, who gate-crashed a barbecue held at Premier House for Prince William earlier this year.

The complainant said the station had endorsed a criminal act, but the BSA said it was intended as a humorous prank and while irresponsible, did not encourage people to break the law.