If the BSA decides that a broadcaster has breached standards it can make various orders. The broadcaster must comply with the order the BSA has issued. If they do not they could be liable for a fine. If your complaint has been upheld by the BSA and the BSA is considering making an order it will ask you for your opinion on what should happen.
Publish a statement
The BSA can direct the broadcaster to publish a statement that relates to the decision. The wording of the statement and when it must play must be approved by the BSA. This is the power most commonly used by the BSA. An example of the use of this power is here.
Pay costs the Crown
The BSA can require the broadcaster to pay costs to the Crown of up to $5,000. An example of the use of this power is here.
Pay costs to the complainant for a breach of privacy
If the BSA has found that the broadcaster breached someone's privacy it can order the broadcaster to pay that person an amount of up to $5,000. An example of the use of this power is here.
Pay costs (e.g. legal costs)
The BSA can order a broadcaster to pay the complainant for certain costs, typically for any legal costs. Legal costs are generally awarded where the complainant reasonably required legal assistance to complete a complex complaint. An example of the use of this power is here.
Refrain from broadcasting any advertising
The BSA can direct the broadcaster not to broadcast any paid advertising for a period of not more than 24 hours. This power has been used very rarely by the BSA and only for the most serious breaches of standards. An example of the use of this power is here.
Refrain from broadcasting
The BSA can direct the broadcaster to not broadcast any programming for a period of not more than 24 hours. This power has been used very rarely by the BSA and only for the most serious breaches of standards. An example of the use of this power is here.
For a full explanation of the BSA's powers you should refer to the Broadcasting Act 1989.
How the BSA Awards General Costs
In 2006 the BSA released an Advisory Opinion explaining its approach to awarding costs to successful complainants. If your complaint has been upheld and the BSA has written to you regarding an appropriate penalty for a breach of standards this paper will give you guidance on whether costs are appropriate in your complaint.
