Broadcasting Amendment Act (No 2) 2007

1: Title
This Act is the Broadcasting Amendment Act (No 2) 2007.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act amended
This Act amends the Broadcasting Act 1989 2007-12-20 Broadcasting Act 1989
4: Interpretation
Section 2(1) election programme
a: in the definition of advertising programme sections 8 and 21 Part 6
b: in Part 6 section 69 .
5: Right of complainant to refer formal complaint to Authority
1: Section 8 subsections (1) and (1A)
1: A complainant must refer the complaint directly to the Authority if the complaint is that an election programme did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e)
1A: A complainant may refer the complaint directly to the Authority if—
a: the complaint is that a broadcaster failed to comply with section 4(1)(c)
b: the complainant chooses to refer the complaint directly to the Authority.
1B: A complainant may refer the complaint to the Authority if the complainant—
a: made the complaint under section 6(1)(a)
b: is dissatisfied with—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster.
1C: A complainant may refer the complaint to the Authority if—
a: the complaint is about a programme other than an election programme; and
b: at least 20 working days have passed since the broadcaster received the complaint; and
c: the broadcaster has not notified the complainant of—
i: the decision of the broadcaster; or
ii: the action taken by the broadcaster; and
d: the broadcaster—
i: has not given the complainant a notice under subsection (1D)
ii: has given the complainant a notice under subsection (1D) subsection (1D)(c)
1D: A broadcaster that receives a complaint under section 6
a: stating that the broadcaster will be unable to make a decision or take action on the complaint within 20 working days after receiving the complaint; and
b: stating the reasons why the broadcaster will be unable to do so; and
c: stating that the broadcaster will tell the complainant about its decision or action on the complaint within 40 working days after the broadcaster received the complaint.
2: Section 8(2) Subsection (1) of this section Subsections (1) to (1D)
6: New section 9 substituted
Section 9
9: Time limits
1: The Authority must not accept a complaint made outside the period specified for the complaint in this section.
2: A complaint under section 8(1)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later.
3: A complaint under section 8(1A)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 20 working days later.
4: A complaint under section 8(1B)
a: starting on the first working day after the day on which the complainant received notice of the broadcaster's decision or action on the complaint; and
b: ending 20 working days later.
5: A complaint under section 8(1C)
a: starting on the first working day after the broadcast of the programme that the complaint is about; and
b: ending 60 working days later.
7: Functions of Authority
Section 21(1) paragraph (b)
b: to receive and determine complaints that election programmes did not meet 1 or more of the standards in section 4(1)(a) to (c) and (e)
ba: to receive and determine complaints when—
i: the complaint is that a broadcaster failed to comply with section 4(1)(c)
ii: the complainant has chosen to refer the complaint directly to the Authority; and .
8: Prohibition on paid election programmes
Section 70(2)(c)(iv) 3 months preceding polling day for the election election period