BSA updates complaints guidance ahead of General Election
The Broadcasting Standards Authority has issued new guidance on complaints relating to coverage of politicians ahead of this year’s General Election.
The guidance on balance and fairness in TV and radio coverage of political figures forms part of an update to a wider BSA guide for audiences and broadcasters on types of complaints that are unlikely to be upheld.
Based on past decisions, the updated BSA guide notes the choice by broadcasters to include or exclude particular politicians or election candidates in the likes of pre-election debates, interviews, or other coverage is not in itself a breach of broadcasting standards.
For example, a debate among political candidates will not breach standards solely on the basis that a minor party candidate was not included.
As part of their right to freedom of expression, broadcasters have the right to:
- limit programme participants provided the selection can be justified in terms of balance and fairness (eg a limit reasonably applied to meet programme time constraints)
- present items from a particular perspective, or feature particular perspectives in their programming, provided standards are otherwise complied with.
“Balance requirements reflect the current media landscape where opportunities to learn about different politicians and perspectives are typically available from multiple sources. Audiences are not dependent on any one programme for all of their political information or analysis,” says BSA Acting Chief Executive Helen Cruse.
The BSA guidance also states the threshold for finding a fairness breach in relation to politicians and public figures is higher than for someone unfamiliar with media.
“Politicians and public figures hold a position in society where robust questioning and scrutiny of their policy, roles and behaviour is not just encouraged but expected. These people are often capable interviewees, experienced in handling aggressive questioning or other coverage that may be considered unfair for an ordinary person,” Cruse says.
In addition to the guidance, the BSA has published the 2023 Election Programmes Code. This sets out the requirements for Election Programmes, ie advertisements by or for a party or candidate in the election period (10 September to 13 October 2023 (the day before the election)).
Under the Election Programmes Code, these must comply with all relevant standards (except the balance standard) in the general Code of Broadcasting Standards.
The BSA will deal with complaints about other election-related broadcasts, such as news and satire, under the Code of Broadcasting Standards.
The 2023 Election Programmes Code has been updated to correct references to the BSA’s old Codebook which was replaced in July 2022. It is otherwise entirely unchanged from the version published, following a full review, ahead of the 2020 election.
In the three months leading up to the election (13 July to 13 October), the BSA will work with complainants and broadcasters to address election related complaints via a fast-track process.
This will apply to Election Programmes, or other programmes relating to election matters that may influence a vote.
Along with the Advertising Standards Authority, NZ Media Council and Electoral Commission, which handle complaints about other election-related content, the BSA will take a ‘no wrong door’ approach to complaints it receives.
This assures listeners, viewers and readers complaining to any of these agencies that they will be directed to the right organisation.
“The approach we’re taking is designed to support a fair and democratic election process by ensuring New Zealanders can tap into a free and accessible complaints system,” says Cruse.
- The full BSA guidance on complaints unlikely to succeed can be seen on the BSA website, and will be available in multiple languages.
- The 2023 Election Programmes Code (in several languages), plus guidance, FAQs and a form for complaints under this Code, are available on the BSA website here.
- A detailed guide to the complaints fast-track process can be seen here.
- Information on which agency can help with different types of election-related complaints can be seen in this simple guide.
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The BSA is an independent Crown entity that oversees the broadcasting standards regime in New Zealand. It determines complaints that broadcasts have breached standards, undertakes research and oversees the development of broadcasting standards in consultation with broadcasters.
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