Complaints
Guide for Broadcasters - Dealing With Complaints
What is a formal complaint?
A formal complaint is a written complaint claiming that a broadcaster has breached broadcasting standards. The standards are set out in the Codes of Broadcasting Practice for radio and television, here.
All broadcasters are subject to the requirements of the Codes, and the relevant requirements of Parts I to III of Broadcasting Act 1989.
All broadcasters must establish proper procedures for making decisions about complaints.
Broadcasters must keep tapes of all broadcasts for a minimum of 20 working days. The BSA will require an electronic copy of all broadcasts that are the subject of a formal complaint.
When are broadcasters required to deal with formal complaints?
Broadcasters must consider all written formal complaints lodged within 20 working days after the broadcast complained about.
Broadcasters are not required to consider any complaints not lodged within the 20 day timeframe, unless the complainant:
- has resubmitted the complaint in writing within 30 working days after the programme was broadcast, and
- offers reasonable proof that the original complaint was lodged in writing within the 20 day timeframe.
Decisions in respect of formal complaints
Broadcasters must take the following action within 20 working days after receiving a formal complaint:
- conduct an assessment and decide whether or not the complaint should be upheld
- if the complaint is upheld, in whole or part, the broadcaster must take appropriate action and notify the complainant in writing of the action taken
- if the complaint is not upheld, the broadcaster must notify the complainant in writing of the decision.
In all cases, broadcasters must tell the complainant about their right to refer their complaint to the BSA to seek an investigation and review of the broadcaster’s decision (and decision processes). The best way to do this is to use a standard paragraph at the end of the written decision.
Delays
If a broadcaster is unable to make a decision on a formal complaint within 20 working days, for good reasons, it must:
- notify the complainant in writing within that period
- give the reasons why it is unable to make the decision within that time.
The broadcaster must then make a decision within 40 working days after receiving the complaint.
Referral to the BSA
If a complaint is referred to us, we will write to the broadcaster enclosing the complaint and seeking comment and requesting a tape of the broadcast complained about. We will forward broadcasters’ comments to the complainant for their comment, and correspondence will continue until neither party has new points to make. Complainants may not raise new issues or new standards that were not raised in their original formal complaint to the broadcaster.
If the BSA does not uphold the complaint, a written decision will be sent to both parties and publicly released shortly after.
If the complaint is upheld, and the members of the Authority wish to consider whether an order should be imposed, we will write to both parties and ask for their views on the appropriate order (if any). A draft part-decision will be supplied at that time, in confidence.
The BSA will then issue the final decision which will state whether an order is required. Orders are set out in the Act and range from ordering the broadcast of a corrective statement (relatively common) to requiring the broadcaster to stop broadcasting for a period (not used to date).
BSA decisions can be appealed to the High Court and are subject to judicial review.
Additional requirements on broadcasters
All broadcasters are required to broadcast promos that publicise the procedure for making complaints. Please ensure these refer both to our infoline and our website. These notices must be broadcast:
- with the equivalent in each year of 1 notice per day for each day of broadcasting
- on each channel operated by a broadcaster
- during all programming times, including prime time and children’s programming times.
If you require further information about how broadcasters must deal with formal complaints, or the procedures that the BSA may follow, please phone us or email info@bsa.govt.nz
Guide for broadcasters Maori version