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Complaints

What Happens to Complaints to Broadcasters

When you make a formal complaint to a broadcaster, the broadcaster considers it and writes back telling you their decision. The Broadcasting Act 1989 says:

  • If a complaint … is found to be justified, in whole or in part, the broadcaster shall take appropriate action and shall notify the complainant in writing of the action taken.
  • If a complaint … is found not to be justified, in whole or in part, the broadcaster shall notify the complainant in writing of the decision.
  • The broadcaster shall … give to the complainant information concerning the complainant’s right, by way of referral to the Authority … to seek an investigation and review of the broadcaster’s action or decision, as the case may be.

What Happens to Referrals to the BSA

  1. The Authority meets to consider complaints. They examine all the evidence, discuss the complaint, and decide whether or not to uphold it.
  2. The Authority’s usual practice is to consider written statements from the complainant and the broadcaster, although it can hold a formal hearing if necessary.
  3. The written decision is sent to the complainant and the broadcaster. It is also sent to the media and subscribers, and posted on this website.
  4. When dealing with complaints about alleged breaches of privacy, the Authority is sympathetic to requests for name suppression. For all other types of complaint, the Authority is unlikely to agree to name suppression.

If the Authority upholds a complaint, it may:

  • order the broadcaster to publish a statement, for example a correction or a summary of the decision
  • order the broadcaster to pay costs of up to $5,000 to the Crown
  • order the broadcaster to pay compensation of up to $5,000 to a person whose privacy has been breached.

In the most serious cases, the Authority can order a broadcaster to stop broadcasting or to refrain from advertising for up to 24 hours.

The Authority’s decisions can be appealed to the High Court. If a complainant or broadcaster appeals a decision to the High Court, the other party can choose not to take part in proceedings.