Codes and Standards
Free-to-air Television Code
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Preamble
Under the Broadcasting Act 1989, every broadcaster is responsible for maintaining in its programmes and their presentation standards which are consistent with:
a) The observance of good taste and decency
b) The maintenance of law and order
c) The privacy of the individual
d) The principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view, either in the same programme or in other programmes within the period of current interest
e) Any approved Code of Broadcasting Practice applied to programmes.
The Act also established the Broadcasting Standards Authority (BSA) which is responsible for administering the standards regime. The Act describes how the BSA encourages broadcasters to develop and observe appropriate Codes of Broadcasting Practice.
This Code, the Free-to-Air Television Code of Broadcasting Practice, has been prepared by the Television Broadcasters’ Council on behalf of TV One, TV2, TV3, C4, Prime, Maori Television and other free-to-air services.
In the application of this Code, the ethic of social responsibility is recognised both by broadcasters and the Authority.
Fundamental to broadcasters, and to the BSA’s activities, is the statutory right to freedom of expression which is provided for in Section 14 of the New Zealand Bill of Rights Act 1990. Broadcasters and the Authority also acknowledge that New Zealand is a party to the United Nations Convention on the Rights of the Child (See Appendix 3).
REVISED TO TAKE EFFECT FROM 1 DECEMBER 2004.
Grounds for a Formal Complaint
Formal complaints allege that the broadcaster has failed in its responsibility to maintain one or more of the following Standards 1 to 11.
Standard 1: Good Taste and Decency
Standard 2: Law and Order
Standard 3: Privacy
Standard 4: Balance
Standard 5: Accuracy
Standard 6: Fairness
Standard 7: Programme Classification
Standard 8: Programme Information
Standard 9: Children’s Interests
Standard 10: Violence
Standard 11: Liquor
Each Standard has guidelines which are included to assist viewers, broadcasters and the BSA in applying the Standards to specific complaints.
Formal complaints must first be made, in writing, to the broadcaster concerned. The one exception is an allegation of breach of privacy (Standard 3) which may be made directly to the BSA without first being referred to the broadcaster. Some contact details are included on this page.
Formal complaints should specify the name of the programme, the date of broadcast, the standard(s) alleged to have been breached and why. Complaints must be lodged within 20 working days of broadcast.
Free-to-air television broadcasters are also required to comply with the Programme Code covering Election Programmes/Advertisements.
Apart from programme promotions and broadcast political advertising, the BSA has no jurisdiction over advertisements. Complaints about advertisements should be made to the Advertising Standards Complaints Board (see Appendix 4).
Copies of all broadcasting Codes are available from the BSA and from its website.
The Standards
Standard 1 Good Taste and Decency
In the preparation and presentation of programmes, broadcasters are responsible for maintaining standards which are consistent with the observance of good taste and decency.
Guidelines
1a Broadcasters must take into consideration current norms of decency and taste in language and behaviour bearing in mind the context in which any language or behaviour occurs. Examples of context are the time of the broadcast, the type of programme, the target audience, the use of warnings and the programme’s classification (see Appendix 1). The examples are not exhaustive.
1b Broadcasters should consider – and if appropriate require – the use of on-air visual and verbal warnings when programmes contain violent material, material of a sexual nature, coarse language or other content likely to disturb children or offend a significant number of adult viewers. Warnings should be specific in nature, while avoiding detail which may itself distress or offend viewers.
Standard 2 Law and Order
In the preparation and presentation of programmes, broadcasters are responsible for maintaining standards which are consistent with the maintenance of law and order.
Guidelines
2a Broadcasters must respect the principles of law which sustain our society.
2b Factual programmes should not glamorise criminal activity or condone the actions of criminals.
2c Programmes should not depict or describe techniques of crime in a manner which invites imitation.
2d Ingenious devices for, and unfamiliar methods of, inflicting pain, injury or death, particularly if readily capable of easy imitation, should not be shown, except in exceptional circumstances which are in the public interest.
2e The realistic portrayal of anti-social behaviour, including violent and serious crime and the abuse of liquor and drugs, should not be shown in a way that glamorises these activities.
2f Programmes should not glamorise suicide and should not show or explain in detail how suicides are effected.
Standard 3 Privacy
In the preparation and presentation of programmes, broadcasters are responsible for maintaining standards consistent with the privacy of the individual.
Guideline
3a Broadcasters must comply with the privacy principles developed by the Broadcasting Standards Authority (Appendix 2).
Standard 4 Balance
In the preparation and presentation of news, current affairs and factual programmes, broadcasters are responsible for maintaining standards consistent with the principle that when controversial issues of public importance are discussed, reasonable efforts are made, or reasonable opportunities are given, to present significant points of view either in the same programme or in other programmes within the period of current interest.
Guidelines
4a Programmes which deal with political matters, current affairs, and questions of a controversial nature, must show balance and impartiality.
4b No set formula can be advanced for the allocation of time to interested parties on controversial public issues. Broadcasters should aim to present all significant sides in as fair a way as possible, it being acknowledged that this can be done only by judging each case on its merits.
4cFactual programmes, and programmes shown which approach a topic from a particular or personal perspective (for example, authorial documentaries and those shown on access television,) may not be required to observe to the letter the requirements of standard 4.
Standard 5 Accuracy
News, current affairs and other factual programmes must be truthful and accurate on points of fact, and be impartial and objective at all times.
Guidelines
5a Significant errors of fact should be corrected at the earliest opportunity.
5b Broadcasters should refrain from broadcasting material which is misleading or unnecessarily alarms viewers.
5c Broadcasters must ensure that the editorial independence and integrity of news and current affairs is maintained.
5d Factual reports on the one hand, and opinion, analysis and comment on the other, should be clearly distinguishable.
5e Broadcasters must take all reasonable steps to ensure at all times that the information sources for news, current affairs and documentaries are reliable.
Standard 6 Fairness
In the preparation and presentation of programmes, broadcasters are required to deal justly and fairly with any person or organisation taking part or referred to.
Guidelines
6a Care should be taken in the editing of programme material to ensure that the extracts used are a true reflection, and not a distortion, of the original event or the overall views expressed.
6b Contributors and participants in any programme should be dealt with fairly and should, except as required in the public interest, be informed of the reason for their proposed contribution and participation and the role that is expected of them.
6c Programme makers should not obtain information or gather pictures through misrepresentation or deception, except as required in the public interest when the material cannot be obtained by other means.
6d Broadcasters should acknowledge the right of individuals to express their own opinions.
6e Broadcasters should take particular care when dealing with distressing situations, and with grief and bereavement. Discretion and sensitivity are expected.
6f Broadcasters should recognise the rights of individuals, and particularly children and young people, not to be exploited, humiliated or unnecessarily identified.
6g Broadcasters should avoid portraying persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, sexual orientation, race, age, disability, or occupational status, or as a consequence of legitimate expression of religious, cultural or political beliefs. This requirement is not intended to prevent the broadcast of material which is:
i) factual, or
ii) the expression of genuinely held opinion in news, current affairs or other factual programmes, or
iii) in the legitimate context of a dramatic, humorous or satirical work.
6h Broadcasters should avoid causing unwarranted distress to surviving family members by showing library or archival footage of bodies or human remains. This guideline is not intended to prevent the use of material which adds significantly to the understanding of an issue of public interest.
Standard 7 Programme Classification
Broadcasters are responsible for ensuring that programmes are appropriately classified; adequately display programme classification information; and adhere to time-bands in accordance with Appendix 1.
Guidelines
7a Broadcasters should ensure that appropriate classification codes are established and observed (Appendix 1). Classification symbols should be displayed at the beginning of each programme and after each advertising break.
7b Broadcasters should ensure that all promos (including promos for news and current affairs) are classified to comply with the programme in which they screen (“host programme”). For example:
(i) promos for AO programmes shown outside AO time must comply with the classification of their host programme
(ii) promos shown in G or PGR programmes screening in AO time must comply with the G or PGR classification of their host programme
7c Where a promo screens in an unclassified host programme outside AO time (including news and current affairs), the promo must be classified G or PGR and broadcasters must pay particular regard to Standard 9 (Children’s Interests).
7d Where a promo screens adjacent to an unclassified host programme outside AO time (including news and current affairs), the promo must comply with the underlying timeband.
7e Broadcasters should consider the use of warnings where content is likely to offend or disturb a significant proportion of the audience.
7f News flashes prepared for screening outside regular news bulletins, particularly during children's viewing hours, should avoid unnecessary distress or alarm. If news flashes contain distressing footage, prior warning should be given. This guideline is not intended to prevent the broadcast of material which is of overriding public interest.
Standard 7 was amended effective from 1 July 2005.
Standard 8 Programme Information
Broadcasters are responsible for ensuring that programme information and structure does not deceive or disadvantage the viewer.
Guidelines
8a Broadcasters should ensure that programme material and advertising material are clearly distinguishable.
8b Broadcasters should not use the process known as “subliminal perception” or any other technique which attempts to convey information to the viewer by transmitting messages below or near the threshold of normal awareness.
8c Broadcasters should not depict the process of putting a subject under hypnosis in sufficient detail to allow imitation, nor should they broadcast any programme designed to induce a hypnotic state in viewers.
8d Broadcasters should ensure that there is no collusion between broadcasters and contestants which results in the favouring of any contestant or contestants.
8e Programmes dealing with products or services shall not by implication, omission, ambiguity, or exaggerated claim, mislead or deceive viewers.
Standard 9 Children’s Interests
During children’s normally accepted viewing times (see Appendix 1), broadcasters are required, in the preparation and presentation of programmes, to consider the interests of child viewers.
Guidelines
9a Broadcasters should be mindful of the effect any programme or promo may have on children during their normally accepted viewing times – usually up to 8.30pm – and avoid screening material which would disturb or alarm them.
9b When scheduling AO material to commence at 8.30pm, broadcasters should exercise discretion to ensure that the content which led to the AO rating is not shown soon after the watershed.
9c Broadcasters should have regard to the fact that children tend to stay up later than usual on Friday and Saturday nights and during school and public holidays and, accordingly, special attention should be given to providing appropriate warnings during these periods.
9d Broadcasters should have regard to the fact that children tend to watch television through to midday on Saturday and Sunday mornings, and during school and public holidays. Accordingly, special attention should be given to providing appropriate warnings during these periods.
9e Scenes and themes dealing with disturbing social and domestic friction or sequences in which people – especially children – or animals may be humiliated or badly treated, should be handled with care and sensitivity. All gratuitous material of this nature must be avoided and any scenes which are shown must pass the test of relevancy within the context of the programme. If thought likely to disturb children, the programme should be scheduled later in the evening.
9f “Scary” themes are not necessarily unsuitable for older children, but care should be taken to ensure that realistically menacing or horrifying imagery is not included.
9g Children’s cartoons should avoid gratuitous violence, especially involving humans or human-like creatures unless, even to the youngest of viewers, the themes are clearly fanciful or farcical.
9h In news breaks screened during programming specifically directed towards children, broadcasters should not normally use images or descriptions likely to alarm or disturb children, except in cases of public interest.
9i Broadcasters should recognise the rights of children and young people not to be exploited, humiliated or unnecessarily identified. (See United Nations Convention on the Rights of the Child – Appendix 3)
Standard 10 Violence
In the preparation and presentation of programmes, broadcasters are required to exercise care and discretion when dealing with the issue of violence.
Guidelines
10a Broadcasters should ensure that any violence shown is not gratuitous and is justified by the context.
10b Broadcasters should be mindful of the cumulative effect of violent incidents and themes and should avoid any impression that violence is dominating a single programme, a programme series, or a line-up of programmes screened back-to-back.
10c When compiling promos (trailers), broadcasters should be mindful that scenes containing incidents of violence or other explicit material which may be acceptable when seen in the total context of a programme may, when extracted and shown out of context for promotional purposes, be unacceptable in terms of both the standards and the time-band in question.
10d Programmes in which rape or sexual violence is a theme should be treated with the utmost care. Explicit detail and prolonged focus on sexually violent contact should be avoided. Any programme in which rape is depicted should be preceded by a warning.
10e The combination of violence and sexuality in a way designed to titillate should not be shown.
10f When real or fictitious killings, including executions and assassinations, are shown, the coverage should not be explicit, prolonged, or repeated gratuitously.
10g News, current affairs and factual programmes will, by their nature, often contain violent, disturbing or alarming material. Broadcasters should not falsify, by omission, a world in which much violence and brutality occurs. When such scenes are necessarily included to serve the public interest, the fact that violence has painful and bloody consequences should be made clear. However, editors and producers must use judgement and discretion in deciding the degree of graphic detail to be included in news programmes when children are likely to be watching. Warnings within news programmes must be used as appropriate.
10h In sports programmes, care should be taken to ensure that violent incidents during or surrounding play are not repeated gratuitously.
10i Sports announcers and commentators should avoid making comments which appear to approve of, or glamorise, any dangerous or violent behaviour, on or off the field, that is not in accordance with the rules of the particular sport.
Standard 11 Liquor
In the preparation and presentation of programmes, broadcasters must observe restrictions on the promotion of liquor appropriate to the programme genre being broadcast. Liquor Promotion should be socially responsible and must not encourage consumption by people who are under the legal age to purchase liquor.
Definition
Liquor Promotion comprises:
- promotion of a liquor product, brand or outlet (‘promotion’)
- liquor sponsorship of a programme (‘sponsorship’)
- advocacy of liquor consumption (‘advocacy’)
Guidelines
11a Liquor Promotion must not appear in programmes specifically directed at children.
11b Broadcasters must ensure that Liquor Promotion does not dominate programmes.
11c Broadcasters are not required to exclude promotion from coverage of an actual event or situation being broadcast where promotion is a normal feature of the event or situation but must take guideline 11b into account.
11d Sponsorship of a programme must be confined to the brand, name or logo and must not include a sponsor's sales message.
11e Promos for a liquor-sponsored programme shall clearly and primarily promote the programme. The sponsor and sponsorship may be featured only in a subordinate manner, be confined to the brand, name or logo and must not include a sponsor's sales message.
11f When scheduling liquor-sponsored programmes, broadcasters will also take into account the requirements of principle 4.4 and Guideline 4(c) of the Advertising Standards Authority's Code for Advertising Liquor (which requiresbroadcasters to take care to avoid the impression that liquor promotion is dominating the viewing period).
11g In the preparation and presentation of programmes, broadcasters must avoid advocacy of excessive liquor consumption.
Note
To assist programme makers, sports organisations and sponsors, television broadcasters have published guidelines for restrictions on liquor promotion in the coverage of sports events. The guidelines can be viewed here:
Standard 11 is effective from 1 December 2004.
Appendix 1 Free-To Air Television Programme Classifications
Definition:
A child means a boy or girl under the age of 14 years (Children, Young Persons, and Their Families Act 1989).
G – General
Programmes which exclude material likely to be unsuitable for children. Programmes may not necessarily be designed for child viewers but must not contain material likely to alarm or distress them.
G programmes may be screened at any time.
PGR – Parental Guidance Recommended
Programmes containing material more suited for mature audiences but not necessarily unsuitable for child viewers when subject to the guidance of a parent or an adult.
PGR programmes may be screened between 9am and 4pm, and after 7pm until 6am.
AO – Adults Only
Programmes containing adult themes and directed primarily at mature audiences.
AO programmes may be screened between midday and 3pm on weekdays (except during school and public holidays as designated by the Ministry of Education) and after 8.30pm until 5am.
AO 9.3Opm – Adults Only 9.30pm - 5am
Programmes containing stronger material or special elements which fall outside the AO classification. These programmes may contain a greater degree of sexual activity, potentially offensive language, realistic violence, sexual violence, or horrific encounters.
Unclassified Programming
1. News and Current Affairs programmes, which may be scheduled at any time and may, on occasion, pre-empt other scheduled broadcasts, are not, because of their distinct nature, subject to censorship or to the strictures of the classification system.
2. However, producers are required to be mindful that young people may be among viewers of news and current affairs programmes during morning, daytime and early evening hours and should give consideration to including warnings where appropriate.
3. Sports and Live Programming cannot be classified due to the ‘live’ nature of the broadcast. The broadcaster must take all reasonable steps to ensure that the content of the programme conforms with the underlying timeband in which the programme is broadcast.
Appendix 1 was amended effective from 1 July 2005.
Appendix 2
Advisory Opinion: Privacy Principles
- It is inconsistent with an individual’s privacy to allow the public disclosure of private facts, where the disclosure is highly offensive to an objective reasonable person.
- It is inconsistent with an individual’s privacy to allow the public disclosure of some kinds of public facts. The ‘public’ facts contemplated concern events (such as criminal behaviour) which have, in effect, become private again, for example through the passage of time. Nevertheless, the public disclosure of public facts will have to be highly offensive to an objective reasonable person.
- (a) It is inconsistent with an individual’s privacy to allow the public disclosure of material obtained by intentionally interfering, in the nature of prying, with that individual’s interest in solitude or seclusion. The intrusion must be highly offensive to an objective reasonable person
(b) In general, an individual’s interest in solitude or seclusion does not prohibit recording, filming, or photographing that individual in a public place (‘the public place exemption’)
(c) The public place exemption does not apply when the individual whose privacy has allegedly been infringed was particularly vulnerable, and where the disclosure is highly offensive to an objective reasonable person. - The protection of privacy includes the protection against the disclosure by the broadcaster, without consent, of the name and/or address and/or telephone number of an identifiable individual, in circumstances where the disclosure is highly offensive to an objective reasonable person.
- It is a defence to a privacy complaint that the individual whose privacy is allegedly infringed by the disclosure complained about gave his or her informed consent to the disclosure. A guardian of a child can consent on behalf of that child.
- Children’s vulnerability must be a prime concern to broadcasters, even when informed consent has been obtained. Where a broadcast breaches a child’s privacy, broadcasters shall satisfy themselves that the broadcast is in the child’s best interests, regardless of whether consent has been obtained.
- For the purpose of these Principles only, a ‘child’ is defined as someone under the age of 16 years. An individual aged 16 years or over can consent to broadcasts that would otherwise breach their privacy.
- Disclosing the matter in the ‘public interest’, defined as of legitimate concern or interest to the public, is a defence to a privacy complaint.
Note:
- These principles are not necessarily the only privacy principles that the Authority will apply
- The principles may well require elaboration and refinement when applied to a complaint
- The specific facts of each complaint are especially important when privacy is an issue
Issued by the Broadcasting Standards Authority pursuant to section 21(1)(d) of the Broadcasting Act 1989. 1 August 2006.
Appendix 3
New Zealand Bill of Rights Act 1990
Section 14
Freedom of expression- Everyone has the right to freedom of expression, including the freedom to seek, receive and impart information and opinions of any kind in any form.
The United Nations Convention on the Rights of the Child
Article 3(1)
In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.
Article 13
1. The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child's choice.
2. The exercise of this right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
a) For respect of the rights or reputations of others; or
b) For the protection of national security or of public order, or of public health and morals.
Article 14
1. Parties shall respect the right of the child to freedom of thought, conscience and religion.
2. Parties shall respect the rights and duties of the parent and, when applicable, legal guardians, to provide direction to the child in the exercise of his or her right in a manner consistent with the evolving capacities of the child.
Article 16
1. No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, or to unlawful attacks on his or her honour and reputation.
2. The child has the right to the protection of law against such interference or attacks.
Article 17
(Preamble states) Parties recognise the important function performed by the mass media and shall ensure that the child has access to information and material from a diversity of national and international sources, especially those aimed at the promotion of his or her social, spiritual and moral well-being and physical and mental health.
Appendix 4
Advertising
The Advertising Standards Authority (ASA) has jurisdiction over all advertising matters, except advertising for political parties and candidates. Complaints about advertisements, including credits, should be referred to the Advertising Standards Complaints Board:
The Advertising Standards Complaints Board
P O Box 10 675
WELLINGTON
Phone: (04) 472 7852
Fax: (04) 471 1785
Email: asa@asa.co.nz
Web: www.asa.co.nz
The BSA has responsibility for complaints about a broadcast advertisement for a political party or candidate (“election programmes”). Such complaints must be referred to the broadcaster first. The broadcaster's decision can be referred to the BSA for review.
Broadcasters must issue decisions on election programmes within 48 hours and the BSA will attempt to issue its decision within 48 hours also. (See Election Programmes/Advertisements Code.)
Appendix 5
Contact details for making formal complaints to free-to-air television companies