Right: Footy Show co-host Sam Newman was one of the first to be challenged over his attitude to women sports journalists. Newman's controversial "sending-up" of Fairfax reporter Caroline Wilson drew a storm of criticism, even from his program colleagues.
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Arguments that the reaction to Chris Gayle's behaviour was appropriate
1. Chris Gayle's behaviour was sexist
Those who condemn Chris Gayle's behaviour as sexist rather than light-heartedly flirtatious argue that the workplace context should preclude such sexual banter.
According to this argument there is generally a power differential in workplace flirtations or affairs. It is usually the woman who has less power in the situation so that any sexual advance made toward her carries with it an element of coercion. The context often does not leave her free simply and openly to reject the sexual overture.
This point was made by James Maasdorp in an opinion piece published on the ABC's Internet site on January 5, 2016. Maasdorp stated, 'Gayle's model of flirting - where he's the superstar looking to cash in his chips on starstruck TV reporters - is not a level playing field.'
Maasdorp further explained, 'Gayle put McLaughlin in a terribly difficult situation, one in which he most likely stood to add to his laddish reputation, and McLaughlin risked having a pretty stellar career tarnished.
With Gayle's reputation, and with so much coloured history of a woman's supposed job on television, the temptation for McLaughlin to accept Gayle for being Gayle, and feign a fawning reciprocation of the flirt, would likely have been there.'
Yogi Ashwini also noted on the Internet site Nirmukta 'This is not a social setting like a bar, a club or a post-match bash where such comments may be acceptable. In addition to this, when the presenter looks down, obviously feeling uncomfortable, Gayle adds 'Don't blush baby', thus crossing the line of mere unprofessionalism to making personal comments about the TV presenter.'
It has further been argued that when unsought sexual overtures are made toward women in the workplace it undermines women in their role as workers. This argument maintains that men who make such overtures demonstrate they are unable to see women as anything other than sexual objects. They do not show respect for women as full human beings performing a job upon which their gender has no bearing. It has been claimed that such disrespect for women is a particular issue in many, if not all, sporting codes.
Yogi Ashwini has argued that marginalising and trivialising women is a particular problem in cricket. Ashwini has stated, 'Gayle's interview is only one incident and viewing women as eye-candy is a larger problem in cricket that needs to be addressed. Cricket is hardly a gender-equal place, with women often being a part of the sport only to be cheerleaders and often end up being sexualized in the process.'
Ashwini concluded 'When the environment in sport is already so skewed against women professionals, such comments are not only crass but can also send a harmful message: No matter what they do, women are often seen as sexual objects first and serious professionals later.'
2. Australian workplaces impose penalties on sexist behaviour
The Australian Human Rights Commission defines sexual harassment as 'any unwanted or unwelcome sexual behaviour where a reasonable person would have anticipated the possibility that the person harassed would feel offended, humiliated or intimidated. It has nothing to do with mutual attraction or consensual behaviour.'
Sexual harassment is unlawful under the Sex Discrimination Act in different areas of public life, including employment, service delivery, accommodation and education. Some types of sexual harassment may also be criminal offences.
Some organisations choose to have a single workplace policy which prohibits discrimination and harassment on a range of grounds, including a person's sex, race, disability, age or sexual orientation.
Others may decide there is a need for an additional stand-alone sexual harassment policy, particularly if this is a common or recurring problem in the workplace.
In addition, organisations may have a separate policy on the appropriate use of electronic communication in the workplace.
A person who sexually harasses someone else is primarily responsible for their behaviour. However, in many cases, employers can also be held responsible for sexual harassment by their employees towards other staff, clients and customers. This is called 'vicarious liability'.
All incidents of harassment require employers or managers to respond quickly and appropriately.
The concept of 'vicarious liability' helps to explain why the Melbourne Renegades fined Chris Gayle for his comments to Mel McLaughlin. Had the club not taken action against Gayle, it could have been seen as endorsing his behaviour, where its legal responsibility is to discourage and penalise such conduct.
Among the measures that sporting bodies typically take in response to a club member sexually harassing someone are: verbal and/or written apology; counselling to address behaviour; withdrawal of any awards, placings, records, achievements bestowed in any tournaments, activities or events held or sanctioned by our club; suspension or termination of membership, participation or engagement in a role or activity; de-registration of accreditation for a period of time or permanently; a fine; or any other form of discipline that the club considers reasonable and appropriate.
The Renegades' chief executive, Stuart Coventry, made a statement in which the Club acknowledged, 'The club would like to extend a formal apology to Mel McLaughlin...
Chris's comments were completely inappropriate and disrespectful and there is simply no place for these kinds of comments at the Melbourne Renegades or the broader community across any sport.'
The club also required Gayle to apologise and imposed a $10,000 fine upon him. Such penalties have been defended as standard practice to punish and discourage sexual harassment in Australia.
3. Australian sporting bodies are attempting to promote an equal and gender inclusive policies within the different codes
Many predominantly or exclusively male sporting codes have acknowledged the need to increase female participation at all levels and in all capacities within their game.
Tennis Australia chief executive Craig Tiley, four AFL CEOs - Richmond's Brendon Gale, St Kilda's Matt Finnis, Collingwood's Gary Pert and Greater Western Sydney's David Matthews - Swimming Australia's new boss Mark Anderson, Basketball Australia's Anthony Moore, John Lee from the NRL's South Sydney and A-League club Melbourne Victory's Ian Robson are among the foundation members of the Champions of Change group. The Champions of Change are a body of influential men drawn from many areas of Australian society who have committed themselves to taking action to increasing female participation and equality within their respective areas of influence.
As evidence of increasing moves toward gender equality within the Australian Football League (AFL), the AFL commission chairman, Mike Fitzpatrick, and newly appointed CEO, Gillon McLachlan, have both identified the need for greater diversity within their game.
Fitzpatrick has stated that the shift needed to 'start from the top down'. The introduction of the Gender Diversity Strategy, run by AFL General Manager for Customer, Community and People, Dorothy Hisgrove, is designed to see more women appointed in leadership roles within the AFL.
Female AFL commissioner, Samantha Mostyn, has suggested aiming to have at least three AFL clubs headed by women within the next five years. Ms Mostyn has stated, 'I think we should be bold and think about where those women are and can we start building succession within the industry...'
Beverly Knight, a director at Essendon Football Club from 1993 until 2010, was the first female board member in the AFL. In 2013, Peggy O'Neal became the AFL's first club president, at Richmond.
On the level of player involvement within the game, the AFL plans to have a female league begin in 2017.
Similar sentiments and initiatives are evident within Australian cricket. In 2015, Cricket Australia's chief executive officer, James Sutherland, stated, 'For cricket to continue to be Australia's favourite sport we must ensure we reach deep into our communities, providing every Australian, no matter their gender and background, the chance to get involved in cricket.'
Cricket Australia has a formal policy of gender inclusion. It encourages cricket clubs at all levels to appoint 'a designated Member Protection Officer to be the central contact for any concerns or information about harassment, sexual abuse and/or inappropriate behaviour.
A Member Protection Officer would ensure your club handles complaints in an appropriate and consistent manner.'
It is the general policy of the Australian sporting community that women receive equal and inclusive treatment in all areas of sport. Critics of Chris Gayle's conduct claim that formal action had to be taken against him in support of this policy.
4. Chris Gayle's behaviour could damage the reputation of the Big Bash League
The Big Bash League has expressed concern that Gayle's conduct could damage the reputation of the competition. It has been suggested that Cricket Australia will not approve Gayle to play as a part of the Big Bash competition in 2017.
Sports journalist Robert Craddock claimed on Inside Cricket on January 6, 2017, 'There's a feeling that he will be banned. He will not return next year. Cricket Australia will not sanction it and they will take a very strong stance on it.'
Cruddock further noted, 'Let's not underestimate the market we're pitching to here. It's the same market as the Wiggles. Kids between 5-7-9 years old. A lot of those kids would have woken up this morning saying: "Dad, what's this mean about Chris Gayle exposing himself to a woman?... Chris' behaviour has been sleazy. He's got a stripper's room in his house. He's got a mirror on the ceiling. He flaunts it. And if you flaunt it you've got to be judged by it when things go wrong. I just can't have any sympathy for him...'
Chris Rogers, a former team mate of Gayle's, has also suggested that Gayle's conduct sets a bad example for younger players.
Rogers has stated, 'I was very wary of the role he was setting for the younger guys, and I spoke to them quite a bit about it - "do you think this is good behaviour, would you do this kind of thing?'
And all of them, all the young guys to give them credit were like "No, we don't think this is right".'
Rogers further stated, 'The reason I think he hasn't played in the BBL for quite a while is because that was what was said. To stay away from Chris Gayle because he brings more trouble than he's worth.'
Big Bash League chief executive, Anthony Everard, has stated, '[W]e've made it very, very clear to [Gayle] that in our view his comments were completely inappropriate and disrespectful, entirely inconsistent with the broader approach of what BBL is trying to do which is to engage families, women and children.'
On January 5, 2016, the ABC's current affairs opinion Internet site, The Drum, published a comment by James Maasdorp in which he stated, 'He cheapens the sport... The Big Bash League is enjoying arguably its best season, with record crowds, booming TV audiences (amid a slow Test summer), and a growing belief that Twenty20 cricket could one day take over from the five-day game as the preferred format of the sport. But by resorting to the winks and flirts, he only adds to old criticisms of Twenty20 being a circus and a pale imitation of "proper" cricket.'
5. Chris Gayle has a history of sexist behaviour toward women journalists
It has been claimed that there was nothing accidental or incidental about the comments Chris Gayle made to Mel McLaughlin.
Other reporters have noted that Gayle has behaved in this way before. Speaking to ABC Grandstand, Fox Sports journalist Neroli Meadows stated, 'He's done it before, he's done it to me, he's done it to several women - he does this constantly. He is a creep, he has creepy behaviour.
Chris did this to me five or six years ago when he first joined the [Sydney] Thunder... He's a big guy, it makes you feel intimidated.'
Nine News reporter Yvonne Sampson has also claimed that Gayle had asked her on a date after watching her carry out an interview.
Sampson stated, 'I had a notification via Twitter that Chris Gayle would like to take me out to dinner. I'd never met him...'
A former team mate of Chris Gale's, Chris Rogers, has stated that inappropriate comments to female journalists are a common pattern of behaviour for Gayle. Rogers has stated, 'From my time at the Thunder I was very disappointed with his attitude and his behaviour, and I've not been a fan since.
People see these one-offs, but this is a pattern of behaviour. If you know the guy, you see it over and over. To defend it, I think, is not right at all.
I listen to that and I don't think it's funny at all - he says it's just a joke, well it's not just a joke, is it?'
It has also been claimed that Gayle has been even more inappropriate in comments made to Jamaican female journalists. During the 2014 Caribbean Premier League, Gayle was questioned by a female journalist on the 'feel' of the wicket. Gayle responded: 'Well I haven't touched yours yet so I don't know how it feels.' He then added, 'I like your smile; that's nice.'
A more serious accusation has also been made against Gayle. After the comments Gayle made during the McLaughlin interview sparked debate, an Australian woman working around the West Indies team during a Sydney training session at last year's World Cup has claimed that she entered the team dressing rooms believing no one was there. She claims she found Gayle and another player in the rooms and that Gayle deliberately partially exposed himself to her.