Kia ora koutou
I hope you’re well and managing to keep warm as winter bites.
We have two items to update you on today. The first is new guidance on our approach to proliferating complaints about coverage of gender identity issues. We also take this chance to share findings from a recent external review of the BSA's use of the general power to decline to determine certain complaints.
New complaints guidanceIn recent times we’ve seen an upsurge in complaints about coverage of gender identity issues on TV and radio.
The complaints we’re seeing reflect increasing media coverage on these issues amid a public debate which is marked by contrasting and strongly held views.
These include numerous complaints reflecting a range of viewpoints about coverage of the recent New Zealand visit by Posie Parker. You can see the BSA’s determination of one such complaint, and another decision on gender identity issues, in our featured decisions, below.
To assist broadcasters and audiences considering these issues, we’ve now issued some new guidance. This highlights key matters recognised and determined in recent BSA decisions on these issues.
Our new guidance acknowledges the fundamental right to freedom of speech, as well as the need to balance this against the right of vulnerable communities such as gender minorities to be free from discrimination.
The new BSA guidance covers key complaint themes including:
- discrimination and denigration as it relates to trans people
- misgendering and deadnaming
- inclusive language
- complaints relying on transphobic stereotypes
You can see our full
guidance on complaints concerning gender identity issuesopen_in_new, and associated
media releaseopen_in_new, on the BSA website.
We hope this will give broadcasters and audiences greater clarity around the handling of complaints in a context where gender identity issues continue to generate considerable discussion and media coverage.
The power of (non) determinationNow turning to a matter that can relate to complaints on any manner of subjects...
In addition to the power to uphold or not uphold broadcasting complaints, the BSA is authorised under the Broadcasting Act to decline to determine certain complaints.
This power can be used only in specific circumstances set out in the Act and, clearly, it’s important that it is exercised responsibly.
To test and gain feedback on the BSA’s reasoning process and application of this power, we invited independent media law expert Emeritus Professor John Burrows to conduct an
external review of five BSA decisionsopen_in_new.
These related to subjects ranging from political coverage to COVID-19 and broadcasters’ use of te reo Māori.
Overall, Prof Burrows found the Authority ‘performs a very difficult task very successfully’. He considered each of the reviewed decisions ‘accords with sound common sense’ and none were wrongly decided.
He noted different purposes are served by decline-to-determine powers under section 11(a), relating to frivolous, vexatious or trivial complaints, and s11(b), those where ‘in all the circumstances of the complaint, it should not be determined by the Authority’:
- S11(a) is a necessary power to reject investigation of complaints which would be a waste of the Authority’s time.
- S11(b) can serve numerous purposes, including to decline to determine complaints that raise no broadcasting standards issues or involve issues already determined in previous BSA cases.
Prof Burrows noted a ‘decline to determine’ is a decision which is made public and, like other decisions, can be appealed to the High Court. Reasons for declining to determine a decision are expected to be given, though these can be very brief.
We’ll take the report’s findings into account in future decisions and are now making the research available to broadcasters and other stakeholders who may find it useful.
You can see the published research report on our website
hereopen_in_new.
Ngā mihi nui
Helen Cruse
Acting Chief Executive