All broadcasters are subject to the requirements of the Codes, and the relevant requirements of Parts I to III of the Broadcasting Act 1989. In this part of the website you will find general guidance for broadcasters on how to deal with complaints. This information is available in both English and te reo.
BSA staff are also very happy to visit any broadcaster to discuss the complaints process or help provide training for staff. This is especially useful if a broadcaster has questions about the meaning of the standards in the Codes of Broadcasting Practice.
A formal complaint is a written complaint claiming that a specific programme has breached broadcasting standards. The standards are set out in the Codes of Broadcasting Practice.
All broadcasters are subject to the requirements of the Codes and the relevant requirements of Parts I to III of Broadcasting Act 1989.
All broadcasters must establish proper procedures for dealing with complaints.
All broadcasters are expected to retain recordings of all broadcasts for 35 days. The BSA will require a copy of all broadcasts that are the subject of a formal complaint that has been referred to the BSA for review. This assists the broadcaster to argue their point of view and ensures the BSA gains a correct understanding of the content, context and tone of the broadcast.
Broadcasters must consider all written formal complaints lodged within 20 working days after the broadcast complained about.
Broadcasters are not required to consider any complaints not lodged within the 20 day timeframe, unless the complainant:
Broadcasters must take the following action within 20 working days after receiving a formal complaint:
In all cases, broadcasters must tell the complainant about their right to refer their complaint to the BSA to seek an investigation and review of the broadcaster’s decision (and decision processes).
The best way to do this is to use a standard paragraph at the end of the written decision.
If a broadcaster is unable to make a decision on a formal complaint within 20 working days, for good reasons, it must:
The broadcaster must then make a decision within 40 working days after receiving the complaint.
If a complaint is referred to us, we will write to the broadcaster enclosing the complaint, seeking comment and requesting a recording of the broadcast complained about. We will forward the broadcaster’s comments to the complainant for their final comment, and then the broadcaster will be given an opportunity to make a final comment. Complainants may not raise new issues or new standards that were not raised in their original formal complaint to the broadcaster.
If the BSA does not uphold the complaint, a written decision will be sent to both parties and publicly released shortly after.
If the complaint is upheld, and the members of the Authority wish to consider whether an order should be imposed, we will write to both parties and ask for their views on the appropriate order (if any). A draft part-decision will be supplied at that time, in confidence.
The BSA will then issue the final decision which will state whether an order has been made. Orders are set out in the Act and range from ordering the broadcast of a corrective statement (relatively common) to requiring the broadcaster to stop broadcasting for a period.
BSA decisions can be appealed to the High Court and are subject to judicial review.
All broadcasters are required to broadcast promos that publicise the procedure for making complaints. These notices must be broadcast:
The BSA does not approve notices but we are happy to provide advice on appropriate wording.
If you require further information about how broadcasters must deal with formal complaints, or the procedures that the BSA may follow, please phone us or email firstname.lastname@example.org.
Ko tēnei mea te whakapae ōkawa he whakapae kua oti te tuhituhi, e mea ana kua takahia ngā paerewa pāho e tētahi kaipāho. He mea āta whakarārangi ēnei paerewa i ngā Whakaritenga Pāho mō te Reo Irirangi me te Pouaka Whakaata, i konei.
Ka herea te katoa o te hunga pāho ki ēnei Whakaritenga, me ngā tikanga e pā ana i raro i ngā Wāhanga I ki te III o te Ture Pāho 1989.
Me mātua huri te hunga pāho katoa ki te whakarite tikanga tōtika hei whiriwhiri i ngā whakapae.
Me pupuri ngā kaipāho i ngā tēpa o ā rātou pāhotanga katoa mō te 35 rā i te itinga rawa. Ka hiahia te Mana Whanonga Kaipāho i tētahi kape hiko o ngā pāhotanga katoa e noho nei hei take whakapae ōkawa.
Me mātua whiriwhiri ngā kaipāho i ngā whakapae ōkawa katoa e 20 rā i muri i te pāhotanga e whakapaetia ana.
Kāore te kaipāho e herea kia whiriwhiri i tētahi whakapae kāore i whakaurua mai i roto i te 20 rā, hāunga ērā nā te kaiwhakapae i:
Me matua whakarite tikanga pēnei ngā kaipāho i ngā whakapae ōkawa katoa e 20 rā mahi i muri i te taenga mai o tētahi whakapae ōkawa:
Mō ngā whakapae katoa, me huri te kaipāho ki te whakaatu ki te kaiwhakapae e wātea ana rātou ki te tuku i tā rātou whakapae ki te Mana Whanonga Kaipāho, kia tūhuratia, kia whiriwhiria hoki te whakatau a te kaipāho (me ngā hātepe o te whakatau). Ko te tino huarahi ngāwari e oti ai, he whakamahi i tētahi whiti kua oti te whakarite i te mutunga o te tuhinga whakatau.
Mehemea kāore te kaipāho e kaha ki te whakatau i tētahi whakapae ōkawa i roto i te 20 rā mahi, mō ngā take tōtika, me mātua:
Me huri te kaipāho ki te whakatau i te take i roto i te 40 rā mahi i muri i te taenga o te whakapae ki tōna aroaro.
Ki te tukua mai he whakapae ki a mātou, ka tuhituhi mātou ki te kaipāho me te tāpiri i te whakapae, ki te rapu i āna kōrero, me te tono i tētahi rīpene o te pāhotanga e whakapaetia ana. Ka tukua atu hoki e mātou he kape o ngā kōrero a te kaipāho ki te kaiwhakapae hei whakautu mā rātou, ā, ka haere tonu ngā tuhinga, kia pau rā anō ngā whakapuaki hou a tētahi, a tētahi. E kore te kaiwhakapae e whakaaetia kia whakaara i tētahi take hou, i ētahi paerewa hou rānei kāore kē i whakaaratia i tā rātou whakapae tuatahi ki te kaipāho.
Ki te kore te Mana e whakaae he tika te whakapae, ka tukua he whakatau ā-tuhi ki ngā taha e rua, ā, ka tukua ki te ao whānui i muri tata tonu iho.
Ki te whakaaetia he tika te whakapae, ā, ki te hiahia hoki ngā mema o te Mana Whanonga Kaipāho ki te whiriwhiri i tētahi whakaritenga whai mana, tērā mātou e tuhituhi ki ngā taha e rua ki te toro i ō rātou whakaaro mō te whakaritenga e tika ana, ki ō rāua whakaaro (mehemea rānei e tika ana te whakapuaki whakaritenga). Ka whakapuakina tētahi whakatau tuatahi kōkau ā taua wā, ka tukua pukutia ki ngā taha e rua.
I muri ka whakapuakina e te Mana te whakatau whakamutunga, ka whakapuakina i reira mehemea e tika ana kia puta he whakaritenga. Kei roto i te Ture ētahi huarahi mō ngā whakaritenga, mai i te pāho i tētahi whakapuaki whakatika hapa (he āhua auau tonu te whakamahi i tēnei) ki te whakahau kia kaua e pāho te kaipāho mō tētahi wā (kāore anō kia whakamahia).
Ka taea ngā whakatau a te Mana Whanonga Pāho te pīra ki te Kōti Matua, ā, ka taea hoki te tuku i ngā whakatau kia arotakea e te tiāti.
E herea ana ngā kaipāho katoa kia pāho i ngā pānui whakamōhio i ngā kaiwhakarongo ki ngā huarahi whakatakoto whakapae. Tēnei te inoi kia uru mai he kōrero mō tā mātou waea whakamōhio, me tā mātou pae tukutuku ki ēnei pānui. Me pāho ēnei pānui:
Ki te hiahia koe ki ētahi atu kōrero mō ngā tikanga hei whai i i roto i ngā whiriwhiringa whakapae a te kaipāho, mō ētahi atu tikanga tērā pea ka whāia e Mana Whanonga Kaipāho, waea mai koa, īmēra mai rānei ki email@example.com.
The Broadcasting Act 1989 ("the Act") requires all broadcasters in New Zealand to publicise procedures for making complaints by broadcasting notices about the process on each of their channels.
Section 6(1)(ba) of the Act states that broadcasters must broadcast on each channel or broadcasting station operated by the broadcaster notices (each of which shall be of at least 15 seconds' duration) publicising the procedure for making such complaints –
(i) with the equivalent in each year of 1 notice per day for each day of broadcasting on the channel or broadcasting station; and
(ii) with the notices being broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children's programming times.
The BSA is responsible for monitoring this and from time to time undertakes reviews of broadcasters to ensure they are complying with their obligations. We are interested in both the content of the advertisement and the schedule on which it is being played.
The duration of advertisements must be a minimum of 15 seconds. Broadcaster contact details must be noted and we recommend that you note that complaints must be lodged with the broadcaster, in writing, within 20 working days of the programme being complained about. Please find below a sample of a notice, which you may wish to adapt for your own advertisement(s):
"As a responsible broadcaster, [name of broadcaster] complies with the broadcasting code of practice. If you feel that standards have been breached you can make a formal complaint either in writing or by going to the complaints page on our website. You will need to state the name of the programme, the date and time it aired, and the standard that you believe has been breached. Send complaints to [address details] or [email address]. Complaints must be made in writing within 20 working days from the date the programme was broadcast. For more information about the complaints process you can go to the BSA’s website, www.bsa.govt.nz"
Schedule for each channel you broadcast
Section 6(1)(ba)(ii) of the Broadcasting Act 1989 states that the notices must be "broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children's programming times." This means you must vary the times of day at which your notices are displayed, and be able to provide us with your programming logs or schedule to demonstrate this.
If audited by the BSA you will be asked to provide a schedule of the times and dates that the advertisement was played for any single calendar month in the previous twelve months. Please note that you need to provide this information for each channel that you broadcast.
If you have any questions regarding your complaints procedure advertisement(s) please do not hesitate to contact us. The BSA supports broadcasters in fulfilling their obligations. If there are difficulties in meeting the requirements of the Act we would like to work with you to help you achieve compliance.