8 Right of complainant to refer formal complaint to Authority

(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); and

(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); and

(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); or

(ii)

has given the complainant a notice under subsection (1D) but has not complied with the statement under subsection (1D)(c).

(1D)

A broadcaster that receives a complaint under section 6 may give the complainant a notice in writing or electronically within 20 working days after receiving the complaint—

(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)

Subsections (1) to (1D) shall apply in respect of a complaint about an advertising programme only where neither the broadcaster nor the advertiser recognise, in relation to that complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(3)

Except as provided in subsection (2), nothing in this section entitles a complainant to refer a complaint about an advertising programme to the Authority.

Section 8: substituted, on 1 July 1993, by section 4(1) of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 8(1): substituted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1A): substituted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1B): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1C): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(1D): inserted, on 20 December 2007, by section 5(1) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 8(2): amended, on 20 December 2007, by section 5(2) of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).