Colleague condemns Paul Henry's 'retard' remark

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MAKE ROOM: Peter Williams has distanced himself by controversial comments made by his workmate Paul Henry.

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The newsreader told guests at an awards ceremony last week that he "completely disassociate[s]" himself from Henry's comments about the Scots singing sensation.

Two weeks ago, Henry laughed on air as he talked about how Boyle was starved of oxygen at birth and suffered an intellectual disability.

"Here's the really interesting revelation: she is in fact retarded ... And if you look at her carefully, you can make it out," he said.

Henry's comments – which made headlines here and abroad – were met with outrage, and the Human Rights Commission received more than 220 complaints. Henry has refused to apologise.

At Thursday night's Attitude Awards, which honoured New Zealanders with disabilities, Williams received a round of applause when he said: "I completely disassociate myself from Paul Henry. I only wish he could be at nights like tonight, to be inspired by people with amazing attitudes."

TVNZ spokeswoman Megan Richards said the comments would likely be cut from the televised version of the awards (on TV One at 8.30am today) because the four-hour event would be "hard edited" to fit the timeslot.

As pressure mounts on TVNZ to discipline Henry, it has emerged that the state broadcaster's employment code could provide grounds to take action against him.

But TVNZ refused to answer a number of questions from the Sunday Star-Times about the furore, saying the company is going through a "process" to address the complaints laid under the Broadcasting Act.

A spokesperson also rebutted suggestions TVNZ's internal employment code – leaked to the Sunday Star-Times – could be used to discipline Henry.

The code is a legal document that the company made all staff sign in July. It sets out employees' expected ethical and professional standards and the penalties for breaches. The broadcaster refused to release the document without going through the Official Information Act process (which would take up to 20 working days).

A leaked copy revealed clauses that could be applied to Henry. They include...

Two clauses in the serious misconduct category banning "irresponsible or unacceptable behaviour, including obscene or abusive language which could cause offence" and "conduct which could seriously damage the reputation of an individual or TVNZ";

A general obligation to exercise expected standards of professionalism, behaviour and performance, and maintain high standards of integrity and ethics;

A duty not to wilfully or negligently do anything that could bring TVNZ into disrepute.

Penalties for breaching these standards range from a first warning to instant dismissal.

On Friday, Richards said via email that the code "relates to TVNZ's internal workplace environment and is not relevant to this case".

When pressed on whether TVNZ was perhaps letting Henry get away with making inflammatory comments potentially in breach of the code, Richards replied, again by email, that: "You already have the only comment I will be making on this. We will not be saying anything that might be seen to pre-empt our standards committee decision on the formal complaints we have received."

She would not give a timeframe for that decision, or reveal the number of formal complaints received.

If the complainants are unhappy with TVNZ's decision, they can refer complaints to the Broadcasting Standards Authority, which has the power to ban all advertising or broadcasting for up to 24 hours, and impose fines of up to $5000. It can also order broadcasters to pay legal costs and make on-air apologies.

Two years ago Alt TV was ordered to repeatedly broadcast a silent apology for five hours, after screening highly offensive text messages from viewers. And in 1999 TV3 was banned from running advertisements for 2½ hours, and forced to pay $100,000 in costs, fines and damages, for the 20/20 show Sex, Lies and Videotape about an alleged sex scandal at St Paul's Cathedral in Dunedin.

Overseas, state broadcasters have come down hard on stars who step out of line. This year the BBC sacked Carol Thatcher for off-air remarks comparing a tennis player to a golliwog. In 2008 it suspended chat shows hosted by Jonathan Ross and Russell Brand, after the pair prank-called an actor and left a message implying Brand had had sex with the actor's grand-daughter.

Henry is contracted to TVNZ until 2010. There have been rumours TVNZ is setting up a new afternoon show for him.

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