Outcomes and remedies Ngā Putanga me ngā Whakaoranga

What actions the BSA can take after it determines a complaint

Outcomes and Remedies

If the BSA upholds a complaint and decides a broadcaster has breached standards, there are different orders it can make.

It doesn’t always make orders on upheld complaints. This could be because the broadcaster has already taken enough action, or because the BSA determines that its decision is sufficient to respond to the breach.

If a complaint is upheld, we may ask the complainant and broadcaster for their views on what, if any, orders are appropriate. We’ll decide on any orders before releasing the final decision.

The broadcaster must follow any order the BSA issues. If they don’t, they may have to pay a fine.

If you have more questions about outcomes and remedies, phone us on 0800 366 996 or contact us here.

We can order the broadcaster to:

The wording and when it is broadcast must be approved by the BSA. This is the most common order issued.

See, for example: McCaughan and Television New Zealand Ltd - 2017-083

This limit is set in the Broadcasting Act 1989. 

See, for example: Sanders and Apna Networks Ltd - 2017-017

We can order that compensation is paid to any individual whose privacy has been breached, including people who are not parties to the complaint. We can make multiple orders of up to $5,000, for each breach of privacy.

See, for example: LM and Television New Zealand Ltd - 2007-138 and Ihaia & IM and MediaWorks Radio Ltd - 2015-074 

Costs awards may be granted to successful complainants to recompense them for some of their costs incurred in bringing the complaint. Generally only a partial contribution to costs will be ordered.

See, for example: Harvey and Lorck and MediaWorks TV Ltd - 2018-036

For more detail, see our Guidance: Costs awards to complainants

This type of order is used rarely and only for the most serious complaints.

See, for example: Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–1999-137

This type of order is used rarely and only for the most serious complaints.

See, for example: Barnes and ALT TV Ltd - 2007-029