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 that a broadcaster has breached standards, there are different orders it may make.

The BSA does not always make orders on complaints that have been upheld. This could be because the broadcaster has already taken sufficient action, or because the BSA determines that its decision is sufficient to respond to the breach of broadcasting standards.

If a complaint is upheld, we may ask the complainant and the broadcaster for their views on whether/what orders are appropriate. The BSA will decide whether to make an order, and what order to make, before releasing the final decision.

The broadcaster must follow any order the BSA issues. If they do not, 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 of the statement 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 are able to order that compensation be paid to any individual whose privacy has been breached, including individuals 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 (privacy compensation ordered to third party and multiple payments)

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

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

See also Guidance: Costs Awards to Complainants (page 66 of the Codebook)

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