Senator David Burch was "in violation of the spirit" of Bermuda's broadcasting rules when he described a caller on his radio show as a "house nigger", the Island's Broadcasting Commission declared yesterday.

But it was unclear last night whether any action would be taken against the Works and Engineering Minister or the radio station which airs his Sunday night show, Hott 107.5.

Former PLP senator Ira Philip, acting chairman of the commission, told The Royal Gazette said that was a "matter that will have to be taken under advisement".

He would not say who was advising the Commission on whether to take action but said the public would be informed of any decision "in due course".

Sen. Burch made the comment on his radio show on August 7 last year, when not a member of Cabinet, in apparent reference to a black UBP supporter. He later defended his use of the phrase in the Senate.

Shadow Finance Minister Patricia Gordon-Pamplin complained to the Broadcasting Commission and the Human Rights Commission (HRC). The latter dismissed her objection last month.

The Broadcasting Commission said in a statement yesterday that following a hearing on May 2 it could only conclude that Sen. Burch was in violation of the spirit of the Broadcasting Rules as laid down in Section 8: (1) of the Broadcasting Act 1953.

"The Commission has deliberated exhaustively matters brought before it regarding this complaint," said the statement.

It said there had been no attempt to rationalise either the provocative context which led to Sen. Burch expressing himself in the manner that he did or "conflicting evidence" presented to the Commission by Mrs. Gordon-Pamplin and her witness or "concomitant endeavours to politicise the matter".

And the Commission said it was reprehensible that Mrs. Gordon-Pamplin had "exploited her parliamentary privilege" and raised details given at the private hearing in Parliament while the Commission was still deliberating on the matter.

The statement added: "To his credit, the Commission has taken note of the fact that the broadcasting station's talk show host, Col. Burch, publicly apologised for his expression of the term complained about."

Mrs. Gordon-Pamplin said last night that the outcome of the hearing vindicated her decision to make the complaint.

But she added that the Commission had chosen to "shoot the messenger".

"I believe that I was too liberal in my expectation that the Broadcast Commissioners would have the capacity to employ a lack of bias in their deliberation and release of their decision relating to my complaint."

She said the accusation that she exploited her parliamentary privilege was "absolute rubbish" because she had to respond to the decision of the HRC.

"How dare the Broadcast Commissioners speak such nonsense about politicising the issue when the panel of commissioners comprised the inner sanctum of PLP political henchmen."

She accused the Commission of lying to the public by claiming that Sen. Burch "is a good little person who apologised for his comment".

"Quite the contrary," she said. "He justified and defended it under the guise of it being his human right so to do."

She added: "While there is no sanction or penalty for the action, it is more important to learn the lessons articulated in the Commissioners' decision that such expressions are inappropriate.

"That was always my intent and it has been fulfilled."

The Commission's statement said it strongly deplored "the use of the 'N' word in broadcast media" and had serious concerns that using it trivialised the painful historical events that gave birth to it.

It added that it required all licensed broadcasters to take all reasonable and prudent steps "to adequately ensure that language of that type is pre-empted".

Sen. Burch did not respond to a request for comment last night.