6 Formal complaints about programmes

(1)

Subject to subsection (2), it is the duty of every broadcaster—

(a)

to receive and consider formal complaints about any programme broadcast by it where the complaint constitutes, in respect of that programme, an allegation that the broadcaster has failed to comply with section 4; and

(b)

to publicise the procedures for making such complaints; and

(ba)

to broadcast on each channel or broadcasting station operated by the broadcaster notices (each of which shall be of at least 15 seconds’ duration) publicising the procedure for making such complaints,—

(i)

with the equivalent in each year of 1 notice per day for each day of broadcasting on the channel or broadcasting station; and

(ii)

with the notices being broadcast at different programming times but in such a manner that the notices are broadcast in the course of a year at all programming times, including prime time and children’s programming times; and

(c)

to establish procedures for investigating such complaints.

(2)

Nothing in this section requires a broadcaster to receive and consider any complaint that is not lodged in writing with the broadcaster within 20 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster.

(3)

Notwithstanding subsection (2), a broadcaster must consider a complaint if—

(a)

the complainant has resubmitted the complaint in writing within 30 working days after the date on which the programme to which the complaint relates was broadcast by the broadcaster; and

(b)

the complainant offers reasonable proof that the original complaint was lodged in accordance with subsection (2).

Compare: 1976 No 132 ss 95B(1)(a)(ii), (iv)–(vii), (b), 95C(1)(a)(ii), (iv)–(vii), (b); 1982 No 6 s 11; 1982 No 178 s 20

Section 6(1)(ba): inserted, on 1 July 1996, by section 3 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 6(1)(ba): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 6(3): added, on 1 July 1993, by section 3 of the Broadcasting Amendment Act 1993 (1993 No 69).