Remedies - BSA Orders

Note!
All the links to BSA decisions below (HTML) open a new window.

If the BSA upholds my complaint, what are the remedies? Does the broadcaster have to do anything?

If we uphold your complaint we may issue an order that requires the broadcaster to take some form of action. The broadcaster must comply with our order – if they don’t, they can be liable for a fine.

We can order the broadcaster to:

• Publish a statement about the decision (the wording of the statement and when it must play must be approved by the BSA)
  This is the most common order.
  Example:
  Attorney General of Samoa and Television New Zealand Ltd - 2009-066
  
  
• Pay costs to the Crown of up to $5,000
  Example:
  Paper Reclaim Ltd and TVWorks Ltd and RadioWorks Ltd - 2010-133
  
  
• Pay compensation to the complainant of up to $5,000 for a breach of privacy
  Example
  LM and Television New Zealand Ltd - 2007-138
  See also Practice Note: Costs awards in favour of complainants
  
  
• Pay costs to the complainant such as legal costs
  We generally award legal costs where the complainant reasonably required legal assistance to complete a complex complaint.
  Example:
  Williams and Wilkinson and TVWorks Ltd - 2009-113
  See also Practice Note: Costs awards in favour of complainants
  
  
• Refrain from broadcasting advertising for a period of not more than 24 hours
  We have used this power very rarely and only for the most serious breaches of standards.
  Example:
  Diocese of Dunedin and 12 Others and TV3 Network Services Ltd - 1999-125–137
  
  
• Refrain from broadcasting for a period of not more than 24 hours
  We have used this power very rarely and only for the most serious breaches of standards.
  Example:
  Barnes and ALT TV Ltd - 2007-029

If your complaint has been upheld by the BSA and the BSA is considering making an order it will ask you for your opinion on what should happen.

How does the Authority decide whether to make an order?

If the Authority is considering making an order, both you and the broadcaster will be asked for your views on what orders, if any, should be made.

The Authority then considers both parties’ submissions and takes into account a number of factors including, but not limited to:

• the seriousness of the breach, and the number of upheld aspects of the complaint
• the degree of harm caused to any individual, or to the audience generally
• the objectives of the upheld standard(s)
• the attitude and actions of the broadcaster in relation to the complaint (eg, whether the broadcaster upheld the complaint and/or took mitigating steps; or whether the broadcaster refuted the standards breach and/or aggravated any harm caused)
• whether the decision will sufficiently remedy the breach and give guidance to broadcasters, or whether something more is needed to achieve a meaningful remedy or to send a signal to broadcasters
• past decisions and/or orders in similar cases.

When would the BSA order costs to a complainant?

The BSA has issued a practice note that explains the approach we are likely to take when awarding costs to a complainant:

> See Practice Note: Costs awards in favour of complainants> See Practice Note: Costs awards in favour of complainants

Is it possible I could be ordered to pay costs?

The BSA can only order costs against a complainant if it finds the complaint is frivolous or vexatious or one that should not have been made:

> See Practice Note: Section 11 powers to decline to determine a complaint

Can I appeal a BSA decision?

Yes, the complainant and the broadcaster both have the right to appeal any BSA decision to the High Court. You must give notice of that appeal within one calendar month of the decision.