What is the definition of an election programme?
An election programme is defined in s69(1) of the Broadcasting Act 1989 as one that is broadcast on television and/or radio which:
- encourages or persuades, or appears to encourage or persuade voters to vote, or not to vote, for a political party or the election of any person at an election; or
- advocates support for, or opposes, a candidate or political party; or
- notifies meetings held or to be held in connection with an election.
Isnt an election programme effectively an advertisement?
Yes, for the purposes of making a broadcasting standards complaint election programmes typically consist of paid advertisements for political parties or candidates. Opening and closing addresses are also election programmes (see Broadcasting Act 1989, s70(2)).
When can an election programme be broadcast?
It is an offence to broadcast a paid election programme for a party or candidate except during the election period (see Broadcasting Act 1989, s70(2)). There are also restrictions around the times at which and the days on which an election programme can be broadcast (see Broadcasting Act 1989, s79A). Broadcasters could choose to broadcast election programmes outside the election period but to do so would open them up to a possible fine of $100,000 (see Broadcasting Act 1989, s80). The Electoral Commission handles complaints relating to these types of issues.
When is the election period?
The election period begins on writ day (the day the Governor-General issues a writ requiring the Chief Electoral Officer to make all necessary arrangements to conduct a general election (see Electoral Act 1993, s3(1) and s1250, and ends at the close of the day before polling day (see Broadcasting Act 1989, s69(1)). The dates for 2011 are:
- Writ Day - Wednesday 26 October 2011
- Election Day - Saturday 26 November 2011
What if a news or current affairs shows covers election issues – is that an election programme?
No, news or current affairs programmes relating to elections (or any programmes broadcast to inform, enlighten, or entertain an audience) are not ‘election programmes’ for the purposes of broadcasting standards and not subject to the Election Programmes Code (see Broadcasting Act 1989, s70(3) and Electoral Finance Act s5(2)(c)).
However, news, current affairs and other programmes that cover the election or election issues will still be subject to all the standards of the relevant Code that covers the medium it was broadcast on (ie. Radio, Free-to-Air TV or Pay TV). Remember that complaints made under the other Codes will be dealt with by the broadcaster in the first instance, but election programme complaints must come directly to the BSA.
I can't complain that an election programme did not present a range of significant viewpoints on a controversial issue of public importance (balance). Why is that?
The 'balance' standard does not apply to election programmes (see Broadcasting Act, s790. That is because election programmes by their nature are paid messages designed to promote one particular party or candidate, so they cannot be expected to present a range of viewpoints.
How much time do I have to make an election programme complaint?
You have 60 working days from the date of the broadcast (see Broadcasting Act, s9(2)). We encourage all complainants to make complaints as soon after the broadcast as possible.
Will you take an election programme off the air while the complaint is being determined?
No, we do not have the power to do that. The BSA will endeavour to process complaints about election programmes that are still playing (i.e. advertisements) as quickly as possible.
Where do I make a complaint that an election programme breached broadcasting standards?
Complaints about election programmes must be made directly to the BSA. Information on making complaints can be found here. We have a specific online complaints form for making election programme complaints (it is active only during the period in which complaints about election programmes can be made).
What should I say in my complaint?
You need to name the time, date and channel on which the election programme was broadcast. You must name the relevant standard in the Election Programmes Code and any other relevant standard from another Code. Tell us why you think the broadcast breached those standards. There is advice on making a complaint here.
What if it is an advertisement but not about elections?
All complaints about ads that are not covered by the Election Programmes Code need to go to the Advertising Standards Authority.
What if it is an advertisement but not on television or radio?
All complaints about election ads that are not on television or radio (eg. on the internet, at the movies, in print, billboards etc) need to go to the Advertising Standards Authority.
An advertisement didn’t name the person who authorised it – do I complain to you about that?
This is not part of the broadcasting standards regime. Contact the Electoral Commission to make a complaint about this.
Is there more information about what the Electoral Commission's jurisidiction covers?
The Electoral Commission has produced a handbook for the 2011 election. The handbook provides an overview of the election advertising rules, the referendum advertising rules, the rules for broadcasting election programmes on radio and television, and the restrictions that apply on election day.
What election programmes have been complained about in the past?
These are election programmes about which the BSA has determined complaints:
Boreham and TVNZ – 2008-118
Haden and TVNZ – 2008-122
Marceau and TVWorks Ltd – 2008-123
The Maori Party and Raukawa FM – 2005-103
Spencer and TVNZ – 2002-088
Powell and TVNZ – 2000-006
Powell and TVNZ – 1999-219
New Zealand Labour Party and TVNZ – 1996-134
Green Society and Mai FM Ltd – 1996-129
Middlemiss and TVNZ – 1996-128
Timms and TVNZ – 1993-132
Disclaimer: Nothing here binds the BSA in determining the outcome of any future complaint. Each complaint is determined on the particular facts surrounding a broadcast.
Last revised 2 September 2011
