Jordan Hamell, Broadcast Standards Authority
Mr. Hamell, apparently what I need to have to file an appeal is 1) a New Zealand address, which I have not; 2) $540, which I don’t have either.
So I respectfully withdraw my request for an appeal to case 029 — BUT UNDER PROTEST!
Let it be added to the record (if any is kept of this case) that I think the BSA’s decision is weak, to be polite! It does nothing to modify MediaWorks’ vile behavior, to guarantee minority points of view, to enforce existing New Zealand fairness laws or to respect my humanity, worst of all.
Now I feel like I’ve been screwed twice, once by Dom, Meg and Randell and once by Judge Bill Hastings, Paula Rose, Wendy Palmer and Susie Staley. Such a lenient attitude strongly suggests an unwholesome influence between a regulatory body and the industry it regulates.
Sorry if anyone feels offended, but frankly I’ve been abused. This does not give me a positive feeling about New Zealand’s BSA, your broadcast media or your national character. I don’t think I’ll be doing any interviews there again soon, and BTW, someone needs to give Meg Annear a psychological examination. I understand she thinks it’s horrible if you pee in the shower, and I wonder what difference it makes? It all goes to the same place anyhow.
Thank you for letting me express myself honestly. Goodbye. — Malcolm J. Brenner
From: “Jordan Hamel” <JordanH@bsa.govt.nz>
To: “MALCOLM BRENNER” <firstname.lastname@example.org>
Cc: “helenc” <HelenC@bsa.govt.nz>
Sent: Monday, November 18, 2019 4:16:18 PM
Subject: RE: press release
Kia ora Mr Brenner
Thank you for your email providing your feedback on the Authority’s decision. It will be provided to the Authority for their information.
As per my previous email, once the Authority has formally determined a complaint, parties can lodge an appeal in the New Zealand High Court. You have one month from the date you were notified of the decision to lodge an appeal in the High Court.
If you would like further information or advice on the appeal process and what this involves, you can contact one of the following:
- A New Zealand lawyer
- The Registrar at the Auckland High Court.
With respect to your proposed press release: The Authority does not intend to comment on it, other than to say you need to ensure it is fair and accurate in all respects.
Jordan Hamel| Legal Advisor
Broadcasting Standards Authority
PO Box 9213, Wellington 6141
Level 2, 119 Ghuznee Street, Wellington 6011
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From: MALCOLM BRENNER <email@example.com>
Sent: Tuesday, 19 November 2019 7:09 AM
To: Jordan Hamel <JordanH@bsa.govt.nz>
Subject: press release
Dear Mr. Hamel,
This is a copy of the press release which I am going to be sending out to news outlets in New Zealand, Australia, the United States, England, and all over the English-speaking world at 12:01 a.m. tomorrow. If there are any fallacies or untruths in it, please let me know, and I will do my best to correct them before then. — M. Brenner
Press Release: For Immediate Release, 11/19/2019
Eyes Open Media, 3212 Easy St., Port Charlotte, FL 33952
Zoophile American Author Wins Case Against New Zealand Radio Station, Gets Nothing
PORT CHARLOTTE, FL – Writer, publisher and self-described zoophile Malcolm J. Brenner has won a case against MediaWorks, Inc., a New Zealand broadcaster, for airing a distorted interview with him – where one member of the trio insulted him, cursed him, and then left the studio.
“The interview lasted about 20 minutes, but that four-minute segment was all they used,” Brenner said, “and they lied to me about that.”
However, he’ll get nothing for his troubles, not even an on-air apology.
The ruling came from the Broadcast Standards Authority, New Zealand’s equivalent of the U.S. Federal Communications Commission, which found that a program on the station The Edge had deliberately edited an interview with Brenner to present an unfair picture of him.
“That’s disgusting! You’re sick! Dolphins cannot give consent,” said Meg Annear during a March 30 interview with the author of the controversial novel Wet Goddess: Recollections of a Dolphin Lover. She then got up from her microphone on The Dom, Meg and Randell Show, removed her headphones and, over the protests of her partners Clint Randell and Dom Harvey, walked out of the studio.
“I’ve had this happen before,” Brenner said. “Some people, particularly certain women, are ‘triggered’ when I begin to describe the dolphin’s uninhibited courtship behavior toward me, and they react as if I was describing my own behavior.” When this happened at a radio station in Australia, several years ago, the station opted not to air the interview.
The Dom, Meg and Randell Show,however, took a different course – one that involved the station’s lawyers, management, deception and eventually brought in the BSA itself.
“I went ahead and finished the interview with just the two guys, Dom and Randell, and it was okay and about 20 minutes long,” Brenner explained. “Then Dom and I exchanged some mail about when the clip was going to air. Finally, several days later, he emailed me a 10-minute edit of the interview and told me it would air in a few days.”
Brenner tuned in the podcast, but heard nothing. By now suspicious, he went back into the show’s archives and discovered, to his horror, that not only had Dom sent him a decoy audio file,the material that they did air was the most inflammatory part of the interview, where Meg curses at Brenner on her way out the door.
“Once I realized what the station had done to me, I was astonished and outraged,” Brenner recalled. “Nobody has acted with such contempt for me since junior high school, where I was an unpopular student. It was like getting mugged in the hallway, and they didn’t have to do it. It was malicious, it was intentional, and they thought they could get away with it because I’m a foreigner and an admitted zoophile.”
Bestiality has been illegal in New Zealand since the adoption of the constitution in 1963, by nation-wide law. Brenner’s interlude with the dolphin, named Dolly (Ruby in the novel), occurred over six months in 1971, but bestiality wasn’t made illegal in Florida until 2011.
“I did nothing illegal, not in Florida and certainly not in New Zealand, and yet Dom saw fit to deceive me, lie to me, lie about me and defame me,” Brenner said. “He did this solely based on the idea that I had the experience with Dolly 48 years ago and therefore I must be a non-person with no rights under New Zealand law.”
Worse yet, Brenner suspects the station’s attorney, Tom Turton, conspired with the rogue DJ’s plans.
“A couple of days after we wrapped the interview I inquired about when it would air, and Dom said it was being considered by the station’s lawyers, for content, because zoophilia is illegal in New Zealand,” Brenner said. “By that time the edited, four-minute clip of Meg leaving the studio had already aired!”
Was Dom advised by Turton to deceive Brenner?
“If so, I’d find a new attorney,” the writer half-joked. “When Dom told me he had to run it by the lawyers I had a bad feeling, but I decided to say nothing so as not to ‘bad vibe’ the situation.
“I learned it doesn’t matter if you voice your suspicions or not, by the time you’re aware of them the bird has flown,” Brenner said. He asked the BSA to order the station to apologize to him on-air, place the full interview in its archive, and to pay him whatever amount the BSA thought would prevent the station from running similar slanderous stories in the future. The Administration can impose up to a $5,000 NZ ($3,600 US) fine.
However, the BSA decided not to place any orders on the station, thus giving it only an symbolic “slap on the wrist,” Brenner said.
“MediaWorks advise that its processes have been reviewed with respect to how it responds to audience feedback on challenging topics. Taking into account the above factors and the action taken by MediaWorks, the Authority considers that the publication of this decision is sufficient to censure MediaWorks conduct and clarify our expectations of broadcasters under the fairness standard. Accordingly, we do not make any orders,” the BSA’s decision, signed by its chair Judge Bill Hastings, reads.
“I’m appalled at the lack accountability,” Brenner said. “This decision leaves MediaWorks free to practice this kind of slander on anyone who comes along, anyone they feel is ‘different’ or vulnerable.
“I don’t even get a formal apology from the people who lied to me, lied about me, defamed me, sent me a false file and tried to bury the truth afterward. MediaWorks said they had no problem making an apology and archiving the show, but the BSA doesn’t require it, so they won’t do it. It’s absolutely disgusting.”
Brenner is filing an appeal of the decision, citing the lack of any orders. He is also the author of a memoir, Growing Up in the Orgone Box: Secrets of a Reichian Childhood,and a science-fiction novel, Mel-Khyor: An Interstellar Affair.
For a copy of the complete decision by the BSA (15 pgs.), please contact Brenner at
XXX (1,038 words)