Broadcasting Standards Authority

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Broadcasting Standards Authority

Māori: Te Mana Whanonga Kaipāho
Agency overview
Formed	1 July 1989; 36 years ago (1989-07-01)
Type	Crown entity
Jurisdiction	New Zealand Government
Headquarters	Level 2 119 Ghuznee Street Wellington, New Zealand 41°17′33″S 174°46′20″E / 41.29250°S 174.77222°E / -41.29250; 174.77222
Employees	9
Minister responsible	Hon Paul Goldsmith, Minister for Media and Communications
Agency executive	Susie Staley, Chairperson
Key document	Broadcasting Act 1989
Website	www.bsa.govt.nz

The Broadcasting Standards Authority (Māori: Te Mana Whanonga Kaipāho; abbreviated BSA) is a New Zealand Crown entity created by the Broadcasting Act 1989 to develop and uphold standards of broadcasting for radio, free-to-air and pay television.

The main functions of the BSA are:

• Oversight and development of the broadcasting standards system.
• Complaints determination.
• Education and engagement.^[1]

The BSA is made up of a board appointed for a fixed term by the Governor-General on the advice of the Minister of Broadcasting and Media, meaning that practically the Minister (and Cabinet) appoint the board. The chair is always a barrister or solicitor. One member is appointed after consultation with broadcasters and one after consultation with public interest groups.

In June 2021, former Minister of Internal Affairs Jan Tinetti announced a review of New Zealand's content regulatory system, saying the current system is confusing for content providers and consumers, with consumers having no single complaints process, and some content providers being regulated by multiple regimes. The review aims ‘to design a modern, flexible and coherent regulatory framework’ that will better protect New Zealanders from harmful or illegal content.^[2]

The current broadcasting standards codebook was released in July 2022 and applies to all broadcasters and broadcasts except election programming. The codebook contains eight standards:^[3]

• Offensive and disturbing content (standard 1): "Broadcast content should not seriously violate community standards of taste and decency or disproportionately offend or disturb the audience, taking into account the context of the programme and the wider context of the broadcast, and the information given by the broadcaster to enable the audience to exercise choice and control over their own, and children’s, viewing or listening."
• Children's interests (standard 2): "Broadcasters should ensure children [under 14] can be protected from content that might adversely affect them."
• Promotion of illegal or antisocial behaviour (standard 3): "Broadcast content should not be likely to promote illegal or serious antisocial behaviour taking into account the context and the audience’s ability to exercise choice and control."
• Discrimination and denigration (standard 4): "Broadcast content should not encourage discrimination against, or denigration of, any section of the community on account of sex, sexual orientation, race, age, disability, occupational status or as a consequence of legitimate expression of religion, culture or political belief."
• Balance (standard 5): "When controversial issues of public importance are discussed in news, current affairs or factual programmes, broadcasters should make reasonable efforts, or give reasonable opportunities, to present significant viewpoints either in the same broadcast or in other broadcasts within the period of current interest unless the audience can reasonably be expected to be aware of significant viewpoints from other media coverage."
• Accuracy (standard 6): "Broadcasters should make reasonable efforts to ensure news, current affairs and factual content is accurate in relation to all material points of fact and does not materially mislead the audience (give a wrong idea or impression of the facts). In the event a material error of fact has occurred, broadcasters should correct it within a reasonable period after they have been put on notice."
• Privacy (standard 7): "Broadcasters should maintain standards consistent with the privacy of the individual."
• Fairness (standard 8): "Broadcasters should deal fairly with any individual or organisation taking part or referred to in a broadcast."

Except for complaints concerning election programming or solely related to privacy, complaints about broadcasting standards must first be made to the broadcaster. The complainant has 20 working days from the date of the original broadcast to submit a written formal complaint to the broadcaster, specifying the programme name, channel, date and time of broadcast, and the standard(s) believed to have been breached. The broadcaster must respond within 20 working days, or within 40 working days if an extension is requested.^[4][5][6]

If the complainant is dissatisfied with the broadcaster's response, or receives no response within the required timeframe, the complaint may then be referred to the BSA. The BSA may uphold, not uphold, or decline to determine the complaint. If a breach is found, the BSA has the authority to order remedies such as broadcasting a statement, awarding costs to the Crown or the complainant, suspending advertising, or, in serious cases, prohibiting broadcasts for up to 24 hours. In rare cases, the BSA may also award costs against the complainant in favour of the broadcaster, particularly where a complainant files repeat frivolous, trivial, or vexatious complaints.^[6][7][8]

Decisions of the BSA may be appealed to the High Court within one month of the decision's release.^[5][9]

• Susie Staley MNZM (chair)
• Pulotu Tupe Solomon-Tanoa’i
• John Gillespie
• Aroha Beck

• Media responsibility in New Zealand

• BSA Website