Staff at a popular radio station were required to participate in terminology training “particularly in relation to asylum and migration” after Coimisiún na Meán investigated a complaint made against one of its broadcasters over the use of the phrase “illegal immigrants” by a contributor discussing US politics.
The complaint related to comments made by a contributor on Classic Hits Radio’s Nighttime Talk with Niall Boylan January 3, 2024, no longer available online, in which the contributor referred to migrants lodged in New York City’s famous Roosevelt Hotel as “illegal immigrants” rather than as “asylum seekers”.
Documents received by Gript Media following a Freedom of Information request show that the initial complaint described the broadcast as containing “deliberate and unchallenged disinformation,” and claimed that it was an example of media partiality and risked inciting crime and hatred in the “current climate of arson attacks, and polarisation of opinion”.
The broadcaster, Classic Hits Radio – to which the complaint was initially sent – responded with assurances that the reporter had been spoken to about the importance of “detailed research” and “not depending on social media as a primary source of information”.
However, no further engagement with the complainant was forthcoming, leading them to refer it on to Coimisiún na Meán.
In its acceptance of the referred complaint, the media regulator considered the complaint in light of breaches against Section 46L(1)(b) of the Broadcasting Act 2009, which covers objectivity and impartiality in news and current affairs, and Section 46J(1)(b) of the same act, covering incitement to crime.
It also considered whether there were breaches of Rules 1 and 2 of the Code of Fairness Objectivity and Impartiality, in News and Current Affairs (CoFOI).
The Coimisiún na Meán complaint report includes a description and transcript of the exchange against which the criticisms were leveled:
The presenter states that immigration is a ‘hot button issue’ in America and all over the world and says he posted a tweet by Elon Musk ‘that there are more immigrants in Manhattan than children born to American mothers.’ about immigration in America. He asks [REDACTED] “That’s a problem for them too, isn’t it?” [REDACTED] responds saying, “Well, New York is specially having terrible trouble at the moment. I mean, they’ve got the parks all tented off. There’s hotels, I mean, if you look at the famous hotels in New York, like the Roosevelt, nearly every room is taken up with illegal immigrants that are coming into America. And they really, really have a big, big problem, and they don’t know how to fix it. And it doesn’t seem to be any will from the Democrats to do very much about it. Trump is obviously, you’re going to see him very much own…” Boylan interjects, “talking about the wall”. [REDACTED] continues,”Yeah, look that’s who he is, that’s what he does. So, … you’re going to see him very aggressive on immigration…”
Coimisiún na Meán saw no reason to dismiss the complaint initially, and so it was referred to an ‘authorised person’ to be considered for further investigation.
An authorised person can decide one of three things: there is no reason to suspect a contravention; there is reason to suspect a contravention but not initiate an investigation; or there is reason to suspect a contravention and direct an authorised officer to initiate an investigation.
The authorised person found that there was reason to suspect a contravention of Section 46L (1)(b) – covering objectivity and impartiality in news and current affairs – but no contravention concerning the section governing incitement to crime.
However, it also found contravention of Rules 1 and 2 of the Code of Fairness Objectivity and Impartiality, in News and Current Affairs (CoFOI).
“While the broadcast did not contain any call to anti-immigrant action, the broadcast’s treatment of the subject could be considered to have the potential to contribute to negative attitudes towards immigrants and asylum seekers,” one of the Coimisiún na Meán documents said regarding the decision.
The authorised person ultimately decided against commissioning a full investigation following a submission from Classic Hits 4FM, which viewed the complaint against the broadcast as legitimate and described the claims made as “generalised, overstated and inaccurate, leading to an exaggerated or misleading impression”.
“The broadcast failed to maintain factual accuracy,” the Classic Hits submission reads, adding that “the host, Niall Boylan was overly trusting of the information presented and should have challenged the facts or generalisations made at the time in line with his duties as a radio broadcaster on our radio station and under the Code of Fairness, Objectivity and Impartiality in News and Current Affairs”.
“Furthermore we acknowledge that the terminology used was inappropriate, and that the more accurate and humanitarian term ‘asylum seekers’ should have been applied,” it said.
After accepting the suspected contravention, the station listed the “remedial measures” it had introduced following the broadcast in question.
Editorial review prior to broadcast; enhanced guidance on terminology; immediate challenge protocol; internal training and oversight; complaints handling reform; and a training programme on legislation were included among the initiatives undertaken at the station.
As part of the “enhanced guidance on terminology”, presenters were to be “formally briefed by senior management on the importance of accurate and humanitarian terminology, particularly in relation to asylum and migration but also in relation to the presentation of any and all information on the Night Time Talk programme, with particular focus on ensuring that broadcast law is understood and upheld”.
The Classic Hits submission however disputed the characterisation of the broadcast as “disinformation”, stating that it was not, as suggested, a “bad actor”.
In collaboration with Coimisiún na Meán, an apology and retraction was additionally formulated and read out on air:
“On Wednesday January 3rd, 2024, a broadcast was made on Classic Radio on the Nighttime Talks radio show. The broadcast related to Donald Trump’s campaign for the American Presidential election. A contributor and guest on the show suggested that, at the time, illegal immigrants were staying in 5 star hotels in New York city and that tented accommodation had been set up in public parks across New York. This information, regrettably, lacked accuracy. In addition, the contributor’s use of the term ‘illegal immigrants’ while referring to ‘asylum seekers’, did not accurately portray their status.
We always strive to provide accurate and factual information. However, on this occasion, we inadvertently facilitated the broadcasting of inaccurate information and the use of insensitive terminology.
We are happy to set the record straight on this matter and we believe that more care should have been taken to fact-check the information prior to broadcast.”
Coimisiún na Meán noted as a mitigating factor in choosing not to commence an investigation that the programme in question is broadcast in a late night time slot, “which limits its reach and therefore reduces the risk to the public”.
New York City saw a number of locations requisitioned over the years spanning 2022-2024, with both Randall Island public parkland and the Roosevelt Hotel being put to use housing hundreds of thousands of migrants who had been transported to the northeastern state from Texas in the face of unprecedented border crossings.
By 2024, more than 155,000 migrants had passed through the Roosevelt Hotel, many of whom were awaiting asylum decisions following applications made after unlawful border crossings, which surged under the Biden administration during the years 2021-2024.
The phrases ‘illegal immigrant’ and ‘illegal alien’ have precedent, and are implemented at times, in US law, but have seen less usage in recent years in favour of “alien” (denoting a non-citizen) who is considered to be either lawfully or unlawfully present.
However, the Trump administration frequently refers to illegal immigration and illegal aliens in its communications on the topic of unlawful migratory practices, marking a return shift in the phraseology.