BSA Pānui - Broadcaster publicity notice requirements - a refresher

Number 142
Kia ora koutou

We’ve had a couple of queries recently about the publicity notices broadcasters use so audiences are aware of their rights under the broadcasting standards system.

Under the Broadcasting Act, broadcasters are required to air promos that publicise the procedure for making complaints. This ensures listeners and viewers know they can make complaints about a programme if they think it has breached broadcasting standards.

Given the interest, it seems timely to share a refresher on what’s required and how broadcasters can meet their obligations.

Content

Each publicity notice must be at least 15 seconds long and we recommend broadcasters include the following information:
  • the requirement that formal complaints be made:
    • in writing
    • within 20 working days of the broadcast being complained about
    • to the broadcaster – except for privacy complaints and election programme complaints, which may be made directly to the BSA
  • the broadcaster’s contact details so people know where to send complaints (including postal and email address and where to find the outlet’s online complaint form, if there is one)
     
  • the right to refer a complaint to the BSA if the complainant is unhappy with the outcome (or if it’s a privacy or election programme complaint)
     
  • where to go for more information about the complaints process – the broadcaster’s or BSA’s website address.
There’s flexibility and room for creativity in how broadcasters convey this information to their audience.

A sample template/script for a simple publicity notice is available in multiple languages hereopen_in_new.

When to broadcast

Publicity notices must be aired frequently enough so that each channel or station averages one notice per day for each day of broadcasting.

The times of day need to be varied so that over the course of a year notices are aired across all programming times. This must include prime time and children’s programming times.  The publicity notice must be broadcast on each channel or station operated by the broadcaster.

Information for audiences

Occasionally, it will be important for listeners or viewers to contact broadcasters during a programme (eg to provide information that may help the broadcaster to immediately address a potentially harmful issue). We therefore recommend that, in addition to complying with the above requirements, broadcasters have clear contact details available for people to raise concerns while a programme is airing.

The BSA is here to support broadcasters to fulfil their publicity notice obligations and we’re happy to provide advice on the schedule and wording. If outlets are having difficulties meeting the requirements, we can work with them to achieve compliance.

Further information on broadcaster publicity notices is available, in English and te reo Māori, on our website hereopen_in_new.

If you have any queries or would like any more information, please call us on 0800 366 996 or email info@bsa.govt.nz

Ngā mihi mahana
Stacey Wood
Chief Executive

FEATURED DECISIONS

FREE-TO-AIR TV

Hickson and Television New Zealand Ltd - 2023-044 (20 November 2023) open_in_new

The majority of the Authority upheld (in part) a complaint about a segment on Marae discussing the bounds of the right to freedom of expression, in the wake of Posie Parker’s ‘Let Women Speak’ events. The complaint argued the segment was unbalanced, disproportionately favouring views of participants against the events, and inaccurate in multiple respects. The Authority found the segment adequately presented significant viewpoints through the inclusion of multiple guests, through the host’s questioning and in the introductory segment. The Authority considered most of the alleged inaccuracies were unlikely to have significantly affected viewers’ understanding of the broadcast as a whole. The majority found one of the comments in the broadcast (relating to the characterisation of Parker) was materially inaccurate and this issue created harm sufficient to justify a restriction on the right to freedom of expression.

Upheld by Majority: Accuracy, Not Upheld: Balance

No Order

RADIO

Appleyard and NZME Radio Ltd - 2023-071 (20 November 2023) open_in_new

The Authority has upheld a complaint that it was inaccurate for the host of The Mike Hosking Breakfast to state, responding to listener feedback asking whether ‘striking teachers do all this on full pay’: ‘Well of course they do! …people who go on strike have always been on full pay. They're supported by the unions.’ The Authority found: the statement was materially inaccurate in the context of the broadcast; text messages read out later in the programme commenting on the pay situation for teachers on rolling strikes as opposed to full strikes did not serve as a correction to Hosking’s earlier inaccuracy; and the broadcaster did not make reasonable efforts to ensure accuracy. The Authority found publication of the decision was sufficient to notify the breach of the accuracy standard and provide guidance to broadcasters, and no further orders were necessary.

Upheld: Accuracy

No Order

LATEST DECISIONS

NEWS AND RESEARCH

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