Key Takeaways
- Newstalk ZB hosts Barry Soper and Heather du Plessis‑Allan made remarks about former Green MP Benjamin Doyle that included misgendering, laughter, and the nickname “Bussy.”
- A listener, Chiu Tang, complained that the broadcast breached the Broadcasting Standards Authority’s discrimination and denigration standard by demeaning a non‑binary person.
- NZME initially dismissed the complaint, calling the remarks offensive but not a serious violation of community standards.
- The BSA upheld the complaint, finding that referring to Doyle as “it” was intentional, dehumanising, and constituted a high level of condemnation.
- The authority balanced free‑speech interests against potential harm to a vulnerable trans/non‑binary community, concluding the harm outweighed the public interest in the exchange.
- As a remedy, the BSA ordered NZME to broadcast a corrective statement on du Plessis‑Allan’s show; no financial penalty was imposed.
- The decision highlights ongoing tensions between provocative talk‑radio style and protections for gender‑diverse individuals under New Zealand broadcasting law.
Broadcast Exchange Overview
On a typical edition of Newstalk ZB’s Drive programme, senior political correspondent Barry Soper engaged in a light‑hearted exchange with host Heather du Plessis‑Allan about the recent departure of former Green Party MP Benjamin Doyle from Parliament. Doyle, who identifies as non‑binary and uses they/them pronouns, had left Parliament in September of the previous year. The conversation began with du Plessis‑Allan asking, “So Bussy’s gone?” to which Soper responded affirmatively, chuckling and commenting that Doyle had not been a “great contribution to politics.” The dialogue quickly turned to Doyle’s identity, with Soper noting that the only notable aspect of Doyle’s tenure was being “the first non‑binary person that’s entered the corridors of power in Parliament,” and adding that beyond that, Doyle had “done nothing” and merely “confused us about what you can call them.” Both presenters laughed throughout the segment, setting the tone for the subsequent complaint.
Specific Remarks and Listener Reaction
Soper’s commentary repeatedly stumbled over Doyle’s pronouns, at times referring to the MP as “it” and expressing confusion about appropriate terminology. Du Plessis‑Allan reinforced the informal tone by calling Doyle “Bussy,” a nickname derived from an earlier controversy surrounding Doyle’s Instagram account, and questioned whether it was appropriate to use such a moniker on national radio. Listener Chiu Tang took issue with these elements, arguing that the hosts’ misgendering, laughter, and use of a nickname exemplified the regular discrimination faced by LGBTQ+ individuals. Tang contended that the broadcast breached the Broadcasting Standards Authority’s discrimination and denigration standard, which protects sections of the community from hostile or demeaning portrayals. Tang filed an initial complaint with NZME, the parent company of Newstalk ZB, seeking accountability for the on‑air remarks.
NZME’s Initial Response and BSA Referral
NZME examined Tang’s complaint and concluded that, while some listeners might find du Plessis‑Allan’s opinions offensive, the remarks did not “seriously violate community standards of taste and decency” and were “unlikely to cause widespread disproportionate offence and distress.” The broadcaster emphasized its target adult audience (aged 40‑59), the live, news‑focused nature of the Drive show, and the hosts’ reputations for delivering strong, provocative opinions. NZME asserted that listeners were accustomed to the presenters’ styles and that the comments, though perhaps ill‑judged, fell within the bounds of permissible commentary. Dissatisfied with this outcome, Tang escalated the matter to the Broadcasting Standards Authority (BSA), prompting the authority to request the audio recording from NZME.
BSA’s Investigation and Initial Difficulties
The BSA noted that NZME initially struggled to locate the specific segment of the broadcast, only providing the recording after being directed to its Newstalk ZB website. The authority criticized this delay as “unsatisfactory” and reminded NZME of its obligations under the Broadcasting Act 1989 to maintain accessible records for complaint resolution. Once the audio was secured, the BSA proceeded to evaluate the content against the discrimination and denigration standard, focusing on the hosts’ language, tone, and the broader context of the exchange.
Findings on Misgendering and Dehumanising Language
The BSA determined that Soper’s reference to Doyle as “it” was not an accidental slip but a deliberate choice that carried a dehumanising connotation, classifying a human being as an object or non‑human entity. The authority highlighted that both presenters chuckled during the exchange, indicating that the remark was intended as a joke rather than an inadvertent error. It concluded that the commentary constituted a “high level of condemnation” because it encouraged ridicule of non‑binary individuals and reinforced harmful stereotypes. The BSA further referenced the Human Rights Commission’s recognition of the right to be recognised according to one’s affirmed gender and the United Nations’ emphasis on individual dignity, asserting that the broadcast ran contrary to these principles by treating a trans/non‑binary person as a legitimate target for mockery.
Balancing Free Expression Against Potential Harm
In its deliberation, the BSA acknowledged the value of open discourse and the role of talkback radio in fostering debate on controversial topics. It noted that Soper and du Plessis‑Allan are known for delivering provocative, opinionated content that contributes to public discussion. However, the authority weighed this public interest against the potential harm caused by the specific comments. It concluded that the likelihood of significant harm to a vulnerable trans/non‑binary community outweighed the benefits of allowing the broadcast to stand unchallenged. Consequently, the BSA judged that upholding the complaint would impose a reasonable, justified limitation on freedom of expression under the discrimination and denigration standard, which protects recognised sections of the community—including transgender and non‑binary people—from degrading treatment.
BSA Order and Wider Context
As a remedy, the BSA ordered NZME to broadcast a statement summarising its findings on Heather du Plessis‑Allan’s show. The statement must be approved by the authority, aired within a month of the decision, and transmitted on the same weekday (Friday) as the original broadcast. No financial penalty was imposed. The ruling coincided with several notable developments: du Plessis‑Allan had just been named Broadcaster of the Year for a second consecutive term; Soper had recently released a best‑selling book and been appointed an ONZM; and the BSA itself was under scrutiny due to controversy over its plans to adjudicate a complaint about Sean Plunket’s digital platform, The Platform. Additionally, a second aspect of Tang’s complaint—concerning du Plessis‑Allan’s remarks about a motorist filming ACT leader David Seymour—was not upheld.
Implications and Ongoing Tensions
The BSA’s decision underscores the evolving landscape of broadcasting standards in New Zealand, particularly regarding gender identity and expression. While the authority affirmed that sex‑based protections under the Human Rights Act can extend to transgender and non‑binary individuals through interpretive guidance from the Human Rights Commission and Crown Law Office, it also noted that these interpretations have not yet been tested in court. The case highlights the tension between the tradition of provocative, opinion‑driven talk radio and the growing expectation that media avoid language that dehumanises or marginalises protected groups. As media organisations navigate these challenges, the outcome may encourage broader editorial training on inclusive language and a more cautious approach when discussing gender‑diverse public figures, balancing robust debate with respect for dignity.