Kia ora koutou
As this year’s general election draws nearer the intensity and volume of political activity and debate is on the rise. A lively and at times robust exchange of political views and policies is a healthy part of a well-functioning democracy. But our system also provides safeguards to address situations where such exchanges exceed appropriate limits. With the election now a little over a month away, it seems timely to share a reminder of some of the key considerations for broadcasters and audiences.
Official election periodWe are now on the eve of the official election period, which runs from this Sunday, 10 September, until Friday 13 October (the day before the election). During this time, special rules and a separate dedicated Code of Broadcasting Practice apply to ‘Election Programmes’. These are defined as advertisements by or for a party or candidate which are broadcast on TV or radio in the election period, and which either (i) encourage voters to vote (or not vote) particular ways; (ii) advocate support for or opposition to a party/candidate; or (iii) notify meetings being held in connection with an election.
We published an updated Election Programmes Code, following consultation, earlier this year.
The 2023 Election Programmes Code (in multiple languages), plus guidance, FAQs and a form for complaints under this Code, can be seen on the BSA website
hereopen_in_new.
Complaints about Election Programmes can be made directly to the BSA, without the need to first go to the broadcaster, and we deal with them via a fast-track process (see below).
We’ll continue to consider complaints about other programmes which may relate to the election – such as news, current affairs, satire and comment – under normally applicable broadcasting standards. These complaints must first be made to the broadcaster, and can then be referred to the BSA if the complainant is not satisfied with the response.
Fast-tracking complaintsComplaints about Election Programmes, or other TV or radio programmes relating to election matters that may influence a vote, are considered by the BSA under a special fast-track process. In assessing when a programme ‘may influence a vote’ for fast-tracking purposes, the Authority will be looking for something more than routine challenge and discussion regarding party policies or events. Complaints concerning serious allegations against or challenges to a party’s/candidate’s integrity (for example) may, however, be considered for fast tracking.
Timelines may vary depending on the scale and complexity of a complaint, but generally we’ll aim to issue a decision within three to five working days of receiving the complaint.
A detailed guide to the fast-track process can be seen
hereopen_in_new.
Other election-related complaintsComplaints over requirements such as promoter statements, written authorisation, allocation of funding, timing of broadcasting, or expense limits are dealt with by the Electoral Commission. The Advertising Standards Authority and NZ Media Council also deal with complaints about election advertising and coverage.
For more information on which agency handles each type of complaint, see our
Who covers what? elections guideopen_in_new, or check out this
helpful videoopen_in_new.
Along with these other agencies, the BSA will take a ‘no wrong door’ approach to complaints we receive, ensuring those complaining to any of these organisations will be directed to the right agency if necessary.
We encourage you to help promote audiences’ awareness of the above information, including our
guide to the Election Programmes Codeopen_in_new, the
complaints fast-track guideopen_in_new, and
Who does what? videoopen_in_new, via your own channels and networks.
Ngā mihi mahana
Helen Cruse
Acting Chief Executive