BSA Pānui - Preparing for the election

Kia ora koutou

With the General Election fast approaching there are a number of important matters to update you on. 

These include updated BSA guidance on complaints relating to coverage of politicians; publication of the 2023 Election Programmes Code; and a reminder of the fast-track process for dealing with complaints about election adverts. Also, notice of an upcoming briefing for media about election advertising rules, being held by the BSA, Advertising Standards Authority, Media Council and Electoral Commission.

Updated guidance

Eighteen months ago we responded to feedback from broadcasters and audiences seeking to smooth the complaints process with guidance on types of complaints that are unlikely to be upheld.

We’ve now updated this, with particular focus on balance and fairness requirements in coverage of political figures.

Based on past BSA decisions, our new guidance notes a broadcaster’s choice 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.

As part of their right to freedom of expression, broadcasters can:

• 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 met.

The guidance also notes the threshold for a fairness breach in relation to politicians and public figures is higher than for someone unfamiliar with media.

In addition to these updates relating to political coverage, we’ve further clarified how we determine discrimination and denigration complaints.

These must relate to a section of the community defined by sex, sexual orientation, race, age, disability, occupational status or legitimate expression of religion, culture or political belief.

This standard does not apply to groups such as people who ‘aren’t Māori’, oppose vaccines or other COVID-19 measures, or take part in particular sports or hobbies.

Our guidance also highlights other subjects which continue to give rise to unsuccessful complaints - such as the use of te reo Māori, low-level bad language, and content unsuitable for children broadcast outside kids’ viewing times.

You can see our updated guidance in full on the BSA website.

As with our original guide, this is being translated into several languages so it’s accessible to diverse audiences.

Election Programmes Code

Following consultation, we’ve just 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)).

This has been updated to correct references to our old Codebook which was replaced in July 2022. It is otherwise entirely unchanged from the version we published, following a full review, ahead of the 2020 election.

The 2023 Election Programmes Code (in several languages), plus guidance, FAQs and a form for complaints under this Code, can be seen on the BSA website here.

The BSA will deal with complaints about other election-related broadcasts, such as news and satire, under the general Code of Broadcasting Standards.

Complaints fast-tracking

As with previous elections, in the three months leading up to the election (13 July to 13 October), the BSA is committed to working with complainants and broadcasters to address election related complaints quickly, via a fast-track process.

Complaints that may be fast tracked are those about Election Programmes, or other programmes relating to election matters that may influence a vote. Complaints about Election Programmes can be made directly to the BSA without having to go to the broadcaster first.

Fast-track timelines may be varied depending on the size and complexity of the complaint, but generally the Authority will aim to issue its decision within three to five working days of receiving the complaint.

We will keep all parties informed of our intended timeline as the matter progresses. We encourage all parties to familiarise themselves with the process and work with us to enable the swift resolution of election-related complaints.

A detailed guide to the fast-track process can be seen here.

No wrong door

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.

Information on which agency can help with different types of election-related complaints can be seen in this simple guide.

We encourage you to help us promote awareness of our guide to the Election Programmes Code among your audiences via your own channels and networks.

Joint briefing for media

A joint briefing to media entities by the BSA, Advertising Standards Authority, Media Council and Electoral Commission about election advertising rules is scheduled for 19 July. Media who have not already received an invitation to this Zoom briefing and are keen to participate, are invited to contact us at info@bsa.govt.nz.

This follows an earlier briefing at which election related obligations were outlined to political party secretaries.
 
The approach we’ve outlined is designed to support a fair and democratic election process by ensuring New Zealanders can tap into a free and accessible complaints system.

As ever, we continue to look for other ways to improve our service and welcome any feedback.

Ngā mihi nui
Helen Cruse
Acting Chief Executive