Broadcasting Standards Authority

The Broadcasting Standards Authority | Te Mana Whanonga Kaipāho (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.

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.

Standards
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:


 * 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."

Complaints
Except for complaints concerning election programming or solely concerning privacy, complaints regarding breaches of broadcasting standards must be raised first with the broadcaster. The complainant has 20 working days after the programme's original broadcast to make a written formal complaint to the broadcaster, stating the programme name, channel, date and time of the broadcast and the standard(s) they feel were breached. The broadcaster has 20 working days to respond to the formal complaint, or 40 working days if the broadcaster requests for an extension. If the complainant is not satisfied with the broadcaster's response, or the broadcaster fails to respond within 20 working days, the complainant can refer the complaint to the BSA.

After assessing the complaint, the BSA may choose to uphold, not uphold, or decline to determine the complaint. The BSA may also order the broadcaster to broadcast a statement, award costs, and in serious cases, prohibit the broadcaster from broadcasting advertisements or forcing the broadcaster off-air for up to 24 hours.

Decisions of the BSA may be appealed to the High Court within one month of the decision's release.

Current members

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