Complaint concerning the use on radio of the expression “Dear Bitch” by 5FM’s breakfast show, presenter, Gareth Cliff. The incident took place on 6 June 2012 at approximately 07h55 when the presenter addressed a previous female caller as “Dear Bitch…” in an attempt to get her to call the station back. The Complainant alleged that the presenter had used “highly offensive and derogatory language” against her.
The Broadcaster’s representative in rebutting the allegation of hate speech stated “that at no stage …was the woman identified at all, nor…any call for action” was made against her. Furthermore, he stated that her dignity was not impaired as the caller had not been identified personally. He stated that the incident should be considered in the context of the relevant broadcasts over the three days and that the caller’s “aggressive and confrontational style” resulted in the presenter referring to her as “Dear Bitch” “as in someone referring to a person being “bitchy”.”
The Trinual held that that the words were used in a playful and melodramatic manner and that, in the circumstances, did not amount to an unreasonable impairment of dignity as required by the case law. Complaint not upheld but broadcaster cautioned that the use of the said word should be discouraged, since repetition may give rise to an inference of hate speech.
A minority of the Commisioners held that given the extremely derogatory meaning of the word “bitch” there was no basis on which there was any justification or secondary meaning attributable to the use of the word by the presenter and that the complainant’s dignity had been impaired.