CURRENT RADIO CODE OF BROADCASTING PRACTICEINTRODUCTION The Broadcasting Act 1989 requires every broadcaster to be responsible for maintaining in programmes and their presentation, standards which are consistent with:
The Broadcasting Standards Authority (BSA) is responsible for administering the standards regime, determining formal complaints and encouraging broadcasters to develop and observe appropriate Codes of Broadcasting Practice. This Code of Broadcasting Practice, approved by the BSA, has been prepared by the Radio Broadcasters Association (on behalf of commercial broadcasters) and Radio New Zealand. The Code aims to ensure compliance with the law, prevention of misleading or deceptive practices, and social responsibility. Fundamental to broadcasters, and to the BSA’s activities, is the right to freedom of expression which is referred to in the New Zealand Bill of Rights Act 1990. |
DRAFT REVISED RADIO CODE OF BROADCASTING PRACTICEINTRODUCTION The Broadcasting Act 1989 requires every broadcaster to be responsible for maintaining in programmes and their presentation, standards which are consistent with:
The Broadcasting Standards Authority (BSA) is responsible for administering the standards regime, determining formal complaints and encouraging broadcasters to develop and observe appropriate Codes of Broadcasting Practice. This Code of Broadcasting Practice, approved by the BSA, has been prepared by the Radio Broadcasters Association (on behalf of commercial broadcasters) and Radio New Zealand. The Code aims to ensure compliance with the law, prevention of misleading or deceptive practices, and social responsibility. Under section 14 of the New Zealand Bill of Rights Act 1990, there is a right to freedom of expression. When the Authority makes decisions on complaints, it will consider and apply the New Zealand Bill of Rights Act. Audio Recording Radio broadcasters acknowledge their obligation to retain, for 35 days after the date of broadcast, the audio of all open line and talkback programmes, news and current affairs coverage. |
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Grounds for a Formal Complaint
Formal complaints allege that the broadcaster has failed in its responsibility to maintain one or more of the following broadcasting standards set out in Principles 1 to 9 below. Principle 1: Good Taste and Decency In determining complaints, emphasis will be placed on the Principles, and the spirit and the intentions of the broadcasting standard which each Principle incorporates. Each Principle has guidelines which are included to assist viewers, broadcasters and the BSA in applying the Principles to specific complaints. |
Grounds for a Formal Complaint
Formal complaints allege that the broadcaster has failed in its responsibility to maintain one or more of the following broadcasting standards set out in Standards 1 to 9 below. Standard 1: Good Taste and Decency About This Code The requirements of the Code are set out in each standard. Each standard has a number of associated guidelines. These guidelines do not of themselves impose requirements on a broadcaster. They are included to provide interpretative assistance for broadcasters and the public, and indicate factors that the broadcaster should consider when assessing whether a programme complies with a particular standard. A programme which does not adhere to the letter of a particular guideline may not be in breach, depending on the programme's overall compliance with the relevant standard. |
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How To Make a Formal Complaint Write to the chief executive of the broadcaster concerned (or direct to the BSA is you are alleging a breach of privacy). Contact details are at the end of this booklet. Head your letter “Formal complaint”. You must make your complaint within 20 working days of broadcast. If you are unhappy with the broadcaster’s response, you may then refer your complaint to the BSA within 20 working days of receipt. More information and copies of other broadcasting codes are available from the BSA and from its website. NB 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. |
How To Make a Formal Complaint Formal complaints must be:
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. Contact details are included at Appendix 2. Formal complaints should specify:
Radio broadcasters are also required to comply with the Programme Code covering Election Programmes such as Opening and Closing Addresses and Advertisements. A copy of this Code is on the BSA’s website. 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 end). Copies of all broadcasting Codes are available from the BSA and from its website. |
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THE PRINCIPLES Principle 1 (Good Taste and Decency) In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the observance of good taste and decency. Guidelines 1a Broadcasters will take into consideration current norms of decency and good taste in language and behaviour bearing in mind the context in which any language or behaviour occurs and the wider context of the broadcast eg time of day, target audience.
Principle 2 (Law and Order) In programmes and their presentation, broadcasters are required to maintain standards which are consistent with the maintenance of law and order. Guidelines 2a Care should be taken in broadcasting items which explain the technique of crime in a manner which invites imitation. Principle 3 (Privacy) In programmes and their presentation, broadcasters are required to maintain standards consistent with the privacy of the individual. Guidelines 3a Broadcasters shall apply the privacy principles developed by the Broadcasting Standards Authority and applied when determining privacy complaints (also see Appendix 1). Principle 4 (Balance) In programmes and their presentation, broadcasters are required to maintain 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 Broadcasters will respect the rights of individuals to express their own opinions. 4b Broadcasters may have regard, when ensuring that programmes comply with Principle 4, to the following matters:
Principle 6 (Accuracy) Guidelines 6a Broadcasters will not use deceptive programme practices. 6b In the event of an allegation of inaccuracy, broadcasters will act promptly to check the allegation against the original broadcast, and will broadcast with similar prominence a suitable and appropriately scheduled correction if that is found to be justified. 6c Factual reports on the one hand, and opinion, analysis and comment on the other, shall be clearly distinguished. 6d Broadcasters shall ensure that the editorial independence and integrity of news and current affairs is maintained. Principle 5 (Fairness) In programmes and their presentation, broadcasters are required to deal justly and fairly with any person taking part or referred to. Guidelines 5a No telephone conversation will be recorded or broadcast for the purpose of news, current affairs or any other programme, unless the recipient has been advised that it is being recorded for possible broadcast, or is aware that the conversation is being broadcast. Exceptions may apply depending upon the context of the broadcast, including the legitimate use of humour. 5b Care must 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. 5c Programmes shall not be presented in such a way as to cause panic, or unwarranted alarm or undue distress.
Principle 7 (Social Responsibility) In programmes and their presentation, broadcasters are required to be socially responsible. Guidelines 7a Broadcasters will not portray people in a manner which encourages denigration of or discrimination against any section of the community on account of gender, race, age, disability, occupational status, sexual orientation; or as the consequence of legitimate expression of religious, cultural or political beliefs. This requirement does not extend to prevent the broadcast of material which is:
7b Broadcasters shall be mindful of the effect any programme may have on children during their normally accepted listening times. 7c The time of transmission is an important consideration in the scheduling of programmes which contain violent themes. 7d If a programme is likely to disturb, an appropriate warning should be broadcast. 7e Advertisements and infomercials shall be clearly distinguishable from other programme material. |
The following standards apply to all radio programmes broadcast in New Zealand. THE STANDARDS Standard 1 Good Taste and Decency Broadcasters should observe standards of good taste and decency.
Guideline 1a Broadcasters will take into account current norms of good taste and decency, bearing in mind the context in which any language or behaviour occurs and the wider context of the broadcast e.g. time of day, target audience.
Standard 2 Law and Order Broadcasters should observe standards consistent with the maintenance of law and order. Guideline 2a Caution should be exercised in broadcasting items which explain the technique of crime in a manner which invites imitation. Standard 3 Privacy Broadcasters should maintain standards consistent with the privacy of the individual.
Guideline 3a When determining privacy complaints broadcasters shall apply the privacy principles developed by the Broadcasting Standards Authority (also see Appendix 1). Standard 4 Controversial Issues – Viewpoints When discussing controversial issues of public importance in news, current affairs or factual programmes, broadcasters should make reasonable efforts, or give reasonable opportunities, to present significant points of view either in the same programme or in other programmes within the period of current interest. Guideline 4a The assessment of whether a reasonable range of views has been allowed for takes account of some or all of the following:
Standard 5 Accuracy
Guidelines 5b Talkback radio will not usually be subject to the accuracy standard, except where the host makes an unqualified statement of fact. 5c In the event that a material error of fact has occurred, broadcasters should correct it at the earliest reasonable opportunity.
Standard 6 Fairness Broadcasters should deal fairly with any person or organisation taking part or referred to.
Guidelines 6a A consideration of what is fair will depend upon the genre of the programme (e.g. talk/talk back radio, or factual, dramatic, comedic and satirical programmes). 6b Broadcasters should exercise care in editing programme material to ensure that the extracts used are not a distortion of the original event or the overall views expressed. 6c No telephone conversation should be recorded or broadcast unless the recipient has been advised that it is being recorded for possible broadcast, or is aware (or ought reasonably to have been aware) that the conversation is being broadcast. Exceptions may apply depending upon the context of the broadcast, including the legitimate use of humour. Standard 7 Discrimination and Denigration Broadcasters should not encourage discrimination against, or denigration of, any section of the community on account of sex, sexual orientation, race, age, disability, occupational status, or as a consequence of legitimate expression of religion, culture or political belief. Guideline 7a This standard is not intended to prevent the broadcast of material that is:
Standard 8 Responsible Programming Broadcasters should ensure that programme information and content is socially responsible. Guidelines 8b The time of transmission and the audience profile of the station are important considerations in the scheduling of programmes which contain violent themes. 8c If a programme is likely to disturb, an appropriate warning should be broadcast. 8d Advertisements and infomercials should be clearly distinguishable from other programme material. 8e Programmes should not be presented in such a way as to cause panic, or unwarranted alarm or undue distress. |
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Principle 8 (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:
Guidelines 8a Liquor Promotion must not occur in programmes specifically directed at children. 8b Broadcasters must ensure that Liquor Promotion does not dominate programmes. 8c 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 8b into account. 8d Sponsorship of a programme must be confined to the brand, name or logo and must not include a sponsor's sales message. 8e 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. 8f 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 requires broadcasters to take care to avoid the impression that liquor promotion is dominating the viewing period). 8g In the preparation and presentation of programmes, broadcasters must avoid advocacy of excessive liquor consumption. Principle 8 is effective from 1 December 2004.
Principle 9 (Broadcast Tape Retention) For a period of 35 days after broadcast, broadcasters are required to be able to provide a copy of the tapes of all open line and talkback programmes, and all outside broadcast news and current affairs coverage. For the same period, broadcasters are also required to retain, or be able to obtain, a tape or script of all news or current affairs items. Guidelines 9a In the event of a formal complaint, broadcasters will retain all relevant programme information, records and recordings until the complaint has been finally dealt with. 9b Tapes and transcripts required pursuant to Principle 9 and all relevant information retained in the event of a formal complaint shall be made available to the Broadcasting Standards Authority on the Authority’s written request. |
Standard 9 Liquor Broadcasters should 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:
Guidelines 9a Liquor Promotion must not occur in programmes specifically directed at children. 9b Broadcasters must ensure that Liquor Promotion does not dominate programmes. 9c 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 9b into account. 9d Sponsorship of a programme must be confined to the brand, name or logo and must not include a sponsor's sales message. 9e 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. 9f 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 requires broadcasters to take care to avoid the impression that liquor promotion is dominating the viewing period). 9g In the preparation and presentation of programmes, broadcasters must avoid advocacy of excessive liquor consumption. |
© Broadcasting Standards Authority 2007