We’ve received a complaint about an election programme directly, what should we do with it?
All complaints about election programmes are dealt with directly by the BSA. If you receive a complaint you should forward it to us as soon as possible.
How does the BSA process election complaints?
We have set ourselves a target of three working days for dealing with urgent election programme complaints as we believe this is in line with the nature of elections and the democratic process.
Upon receipt the BSA will assess whether a complaint requires immediate attention in which case it will be treated as urgent. Our process for dealing with urgent complaints about election programmes will be as follows:
- BSA receives an election programme complaint and assesses it as urgent. The BSA will phone the broadcaster to advise them of this. The BSA will also contact the political party whose ad has been complained about.
- A copy of the complaint is sent to the broadcaster for comment. The broadcaster has 24 hours to reply and to supply a copy of the programme.
- The BSA determines the complaint and issues a decision to the parties.
Any complaint that is not urgent will be dealt with by our usual process and placed on the agenda for the next board meeting for determination.
How will the BSA decide whether a complaint is ‘urgent’?
Each complaint will be assessed on an individual basis. However, the specifics of the broadcast (e.g. if the programme is an advertisement which is scheduled to be repeated) and the complaint will help us determine whether a complaint is urgent.
Do you have advice for how broadcasters can turn around a response in 24 hours?
We suggest you create a process to ensure you can deal with urgent election programme complaints in a speedy fashion. You may wish to contact the Commercials Approval Bureau (CAB) about assisting with the process. CAB can help with replies about election programmes that are ‘advertisements’ since they will have already assessed them before they were broadcast. The BSA will ensure that all relevant parties are notified as soon as possible when a complaint is made.
What if we haven’t replied within 24 hours?
We expect that you will contact us if you cannot reply within 24 hours. If we have not heard from you we will contact you to confirm that you do not wish to make a reply.
Will you assess election programme complaints differently from other complaints?
As with all our decisions we will assess any complaint on the facts and against the standards in the relevant Code(s). However, we do recognise that elections have a special context. The standards will be applied in a manner that respects the importance of free political expression and debate.
In what format do you need a copy of the programme?
Please email it to us in electronic format – Windows Media Files for television and MP3 for radio. If you are unable to do that we will work with you to find an acceptable alternative. Please contact us if those formats are likely to be an issue for you.
Should we stop playing the election advertisement while the BSA determines the complaint?
The BSA cannot direct you to stop playing a programme that has been complained about so this will need to be your decision. You should assess this on a case by case basis but you may choose to have regard to the nature of the complaint (a serious allegation of inaccuracy or denigration may cause more issues in election time than, for example, issues relating to law and order), the effect of continuing to play the ad in terms of free and fair elections and, of course, the issue that free speech should not be unduly fettered. The policial party that is responsible for the ad should also be consulted in any decision you choose to make.
What will the BSA do if it upholds a complaint under the Election Programmes Code?
The BSA has all its usual powers to make orders at its disposal. However, given the special nature of election programmes, it does not tend to use these orders but it reserves the right to make an order if warranted. Apart from this, in the event of an uphold the BSA expects the broadcaster and political party concerned to alter the advertisement if possible to alleviate the breach and an offer to do so could be taken into account by the BSA in determining an appropriate order.
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 21 July 2011
