Election Programmes Code

The Broadcasting Act 1989 requires every broadcaster to be responsible for maintaining in programmes and their presentation, standards which are consistent with matters such as good taste and decency, law and order, and privacy.

The Broadcasting Standards Authority (BSA) is responsible for administering the standards regime, determining formal complaints and encouraging broadcasters to develop and observe appropriate Codes of Broadcasting Practice.

The purpose of this Code of Broadcasting Practice is to emphasise important principles regulating the content of broadcast election programmes.

Under section 14 of the New Zealand Bill of Rights Act 1990, there is a right to freedom of expression. When the Authority makes decisions on complaints, it will consider and apply the New Zealand Bill of Rights Act.

Election programmes are subject to the same broadcasting standards as other programmes.

Therefore, this Code should be read alongside the other Codes of Broadcasting Practice: Free-to-Air Television, Radio, and Pay Television. The Codes are also available free from the Broadcasting Standards Authority. 

There is one exception to this: the requirement to present a range of significant viewpoints on controversial issues of public importance does not apply to election programmes (see section 79 of the Broadcasting Act).

In recognition of the special context of general elections, broadcasting standards such as fairness and accuracy will be applied to election programmes in a manner that respects the importance of free political expression and debate.

Complaints about election programmes are made straight to the BSA.

‘Election programme’ means a programme that:

• encourages or persuades, or appears to encourage or persuade voters to vote, or not to vote, for a political party or the election of any person at an election; or

• advocates support for, or opposes, a candidate or political party; or

• notifies meetings held or to be held in connection with an election

(see section 69 of the Broadcasting Act 1989)

Election programmes can only be broadcast during an ‘election period’ (the period beginning with writ day (the day the Governor-General issues a writ requiring the Chief Electoral Officer to make all necessary arrangements to conduct a general election) and ending the day before polling day).

Election Advertising in Print and Online

Election advertising in non-broadcast media (such as print and online) is not covered by this code.

Complaints about non-broadcast election advertising should be made to the Advertising Standards Authority.

Other Information about Elections

Other information about the regulation of elections should be sought from the Electoral Commission.

Formal complaints allege that the broadcaster has failed in its responsibility to maintain one or more of the following broadcasting standards:

1. Standard E1: Election Programmes Subject to Other Codes
2. Standard E2: Distinguishing Factual Information from Opinion or Advocacy
3. Standard E3: Denigration
4. Standard E4: Misleading Programmes
5. Standard E5: Opening and Closing Address

Formal complaints about an election programme must be:

• made in writing; and
• lodged directly with the BSA within 60 working days of the broadcast.

Complaints should specify:

• that the complaint is a formal complaint about an election programme
• the name of the programme
• the party or candidate featured in the broadcast
• the radio station or television channel where the broadcast featured
• the date and time of broadcast
• the standard(s), from the relevant Broadcasting Code and/or this Code, alleged to have been breached and the reasons why.

Copies of all Broadcasting Codes are available from the BSA and on this website.

While complainants have 60 working days to lodge a complaint the nature of election programmes means that complaints are most effectively brought as soon after the broadcast as possible.

The following standards apply to all election programmes broadcast in New Zealand.

An election programme is subject to all relevant provisions of the Codes of Broadcasting Practice for television and radio except for the requirement to present a range of significant viewpoints on issues of public importance.

Robust debate, advocacy and expression of political opinion are a desirable and essential part of a democratic society and broadcasting standards will be applied in a manner which respects this context.

An election programme may include debate, advocacy and opinion, but factual information should be clearly distinguishable from opinion or advocacy.

While an election programme may oppose a political party, or candidate, it may not include material which denigrates a political party or candidate.

An election programme may not imitate an existing programme, format or identifiable personality in a manner which is likely to mislead.

A party opening or closing address must be clearly identifiable as a party political broadcast made by, or on behalf of, a specified political party.

Note! Legislative amendments have recently been passed (21 March 2017) which make some changes to the requirements for election programmes. For example, the requirement for Television New Zealand and Radio New Zealand to provide time for opening and closing addresses has been removed – this means that Standard E5 Opening and Closing Addresses will not apply during the 2017 General Election. See: Broadcasting (Election Programmes and Election Advertising) Amendment Act 2017.

Complaints about election programmes (for television and radio):

Broadcasting Standards Authority
PO Box 9213
Wellington 6141
telephone:  (04) 382 9508
freephone:  0800 366 996
fax:             (04) 382 9543
email: info@bsa.govt.nz
web:   www.bsa.govt.nz

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Complaints about election advertising (for printed and online material, including billboards):

Advertising Standards Complaints Board
PO Box 10675
Wellington 6143
telephone: (04) 472 7852
freephone: 0800 234 357
email: asa@asa.co.nz
web:   www.asa.co.nz

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Other election information:

Electoral Commission
PO Box 3220
Wellington 6140
telephone: (04) 495 0030
email: enquiries@elections.govt.nz
web:   www.elections.org.nz