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Broadcasting Standards in New Zealand APRIL 2016 BROADCASTING STANDARDS IN NEW ZEALAND FOR RADIO, FREE-TO-AIR-TELEVISION & PAY TELEVISION DEVELOPED BY BROADCASTERS AND THE BSA AND ISSUED TO TAKE EFFECT FROM 1 APRIL 2016 In the case of any inconsistency between this Codebook and any predating BSA material such as codes, practice notes and advisory opinions, this Codebook will prevail. BROADCASTING STANDARDS IN NEW ZEALAND BROADCASTING STANDARDS AUTHORITY - TE MANA WHANONGA KAIPAHO LEVEL 2 | 119 GHUZNEE STREET PO BOX 9213 | WELLINGTON 6141 | NEW ZEALAND (04) 382 9508 | FREEPHONE: 0800 366 996 WWW.BSA.GOVT.NZ 1 / Broadcasting Standards Authority CONTENTS INTRODUCTION 03 THE FREE-TO-AIR The Broadcasting Standards Authority 04 TELEVISION CODE 32 Broadcasters 05 Standard 1 – Good Taste and Decency 35 Freedom of Expression 06 Standard 2 – Programme Information 35 Choice and Control 07 Standard 3 – Children’s Interests 36 Standards, Guidelines and Commentary 08 Standard 4 – Violence 36 Definitions 09 Standard 5 – Law and Order 36 Standard 6 – Discrimination and Denigration 37 COMMENTARY ON Standard 7 – Alcohol 37 Standard 8 – Balance 39 THE STANDARDS 10 Standard 9 – Accuracy 39 Standard 10 – Privacy 41 THE RADIO CODE 22 Standard 11 – Fairness 41 Standard 1 – Good Taste and Decency 25 Standard 2 – Programme Information 25 THE PAY Standard 3 – Children’s Interests 25 TELEVISION CODE 42 Standard 4 – Violence 26 Standard 1 – Good Taste and Decency 45 Standard 5 – Law and Order 26 Standard 2 – Programme Information 45 Standard 6 – Discrimination and Denigration 26 Standard 3 – Children’s Interests 46 Standard 7 – Alcohol 27 Standard 4 – Violence 47 Standard 8 – Balance 29 Standard 5 – Law and Order 47 Standard 9 – Accuracy 29 Standard 6 – Discrimination and Denigration 47 Standard 10 – Privacy 31 Standard 7 – Alcohol 48 Standard 11 – Fairness 31 Standard 8 – Balance 50 Standard 9 – Accuracy 50 Standard 10 – Privacy 52 Standard 11 – Fairness 52 Contents COMPLAINTS PROCESS AND OTHER GUIDANCE 53 Complaints Process Step by Step 54 Guide to the BSA Complaints Process for Television and Radio Programmes 55 Guidance: Privacy 59 Guidance: Accuracy – Distinguishing Fact and Analysis, Comment or Opinion 62 Guidance: BSA Power to Decline to Determine a Complaint 63 Guidance: Costs Awards to Complainants 66 Broadcasting Standards in New Zealand Codebook 03 / Broadcasting Standards Authority INTRODUCTION The Broadcasting Act 1989 (the Act) The Act also establishes a system allowing people to creates a system of broadcasting complain to a broadcaster if they think these standards have been breached. People who are dissatisfied with standards. There are eleven areas the broadcaster’s response to their complaints can specified in the Act from which refer them to the Broadcasting Standards Authority for standards have been developed. independent determination. This Codebook contains the three main Codes of Broadcasting Practice and is They are: designed to provide guidance to broadcasters and their audiences on the standards. There is a separate code • Good taste and decency s4(1)(a) for election programmes. • Programme information s21(1)(e)(vi) New Zealand is a liberal democracy where we value • Children’s interests s21(1)(e)(i) broadcasters’ programming, both as an exercise of • Violence s21(1)(e)(ii) broadcasters’ right to freedom of expression and for the vibrant exchange of information and ideas that • Law and order s4(1)(b) is generated. Broadcasters can hold the powerful to • Discrimination and denigration s21(1)(e)(iv) account. They can express our identity. They can reflect • Alcohol s21(1)(e)(v) and stimulate culture. They can teach us about our lives and our world. They can entertain us. Their role is • Balance s4(1)(d) vital, and the law and common sense require us to be • Accuracy s21(1)(e)(iii) cautious before restricting their endeavours. • Privacy s4(1)(c) and s21(1)(e)(vii) On the other hand, broadcasters also have potential • Fairness s21(1)(e)(iii) to do harm. Broadcasting standards recognise these harms and seek to guard against them. It can often be difficult to strike a balance. It is the responsibility of this Authority to hold the balance in the public interest. THE BROADCASTING 04 STANDARDS AUTHORITY Introduction The Broadcasting Standards Our jurisdiction under the Act covers television and Authority (BSA) is a Crown entity. radio broadcasting. It also extends to complaints about programmes that are viewed/listened to online, so It is funded partly by government long as the programmes were originally broadcast on and partly by contributions from television or radio; the complainant can provide us with broadcasters. Our board comprises the details of the original broadcast; and the complaint is made within the statutory timeframe. We are not four members, one of whom is the able to consider any online material which has not also nominated Chair. We have a small been broadcast. Further information on the complaints staff in our office in Wellington. process, including where you can go if your complaint concerns something that is not covered by the BSA, One of our main functions is to determine complaints can be found in the Guide to the BSA Complaints which complainants may consider have not been Process for Television and Radio Programmes at the properly dealt with by the broadcaster. back of this Codebook. We deal with complaints without undue formality. We We have two other functions. We have a role in consider these complaints on the written material overseeing and developing the broadcasting standards supplied. Sometimes we ask for more information system, which includes working with broadcasters and we can, if necessary, convene a hearing. We try and others to provide clear guidance on the system, to to conduct our business efficiently but informally and review codes, and undertake appropriate research. We without causing unnecessary cost for complainants, are also required to provide information about the work broadcasters and also within our own organisation. Our we do and the broadcasting standards system generally. decisions are required to be made public. We are accountable to the Minister of Broadcasting We are required to deal with complaints fairly and to for the fulfilment of our obligations and for our observe the rules of natural justice. expenditure. We are nevertheless an independent body and we are not subject to any political or other We also acknowledge the principles of partnership, influences in our decision making. protection and participation inherent in Te Tiriti o Waitangi and consider the needs, aspirations and cultural values of tangata whenua. Broadcasting Standards in New Zealand Codebook 05 / Broadcasting Standards Authority BROADCASTERS New Zealand broadcasters range Te Reo and Ma-ori culture have a special significance in from very large commercial New Zealand’s multicultural society and this is reflected in our broadcasting environment. organisations through to very small Each broadcasting platform contains a variety of community-based operations. Only programming to cater for the diversity of language, television and radio broadcasters are genres and expectations of its audience and this is subject to the Broadcasting Act. The reflected in the corresponding code. The diversity of platforms has resulted in the development of three Act and the standards which arise different codes for different methods of delivering under the Act apply to all television broadcasts – one each for radio, free-to-air television and radio broadcasters regardless of and pay television. Together with the election the size of their operation. programmes code, these codes cover all broadcast material that falls within our jurisdiction. In order to meet the diverse needs and expectations of All broadcasters are expected to retain recordings of all viewers and listeners, material broadcast on different broadcasts for 35 days. In the event of a complaint, this platforms and by different broadcasters may vary widely. assists the broadcaster to argue their point of view and We have moved from a time when messages were always ensures the BSA gains a correct understanding of the conveyed in English to the present time where English is content, context and tone of the broadcast. one of the many languages used by broadcasters. FREEDOM OF 06 EXPRESSION Introduction In New Zealand and throughout most loss caused by the encroachment on the right to freedom liberal democracies, principles of of expression. The more severe the restriction on the right to freedom of expression, the more powerful must be the freedom of expression are enshrined justification for the restriction. in our constitutional law by the Bill of For us, this is about assessing in each case, how important Rights Act 1990 and are required to be the right to freedom of expression is on the one hand and on given the respect they deserve. The the other, how much harm the broadcast has done to people in society by potentially breaching broadcasting standards. right we have to express ourselves The level of public interest in a broadcast is particularly in the way we choose, and to receive important (see the definition of ‘public interest’ on page information, is a fundamental 9, and further elaboration of ‘legitimate public interest’ freedom but it is not an absolute within Guidance: Privacy at page 61). If it deals seriously freedom. It is nevertheless to be given with political issues or other topics that help us govern ourselves and hold our leaders accountable it will carry a a very high value and doing so will high level of public interest. If it contributes to our search mean that in some cases the cost of for truth and knowledge or nurtures our social, cultural our having this freedom will be a cost and intellectual growth it will also carry a high level of public interest. In New Zealand we must be particularly to be carried by our society. hesitant before imposing limitations on material in which there is high public interest.
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