13 Decisions on complaints

(1)

If, in the case of a complaint referred to the Authority under section 8, the Authority decides that the complaint is justified, in whole or in part, the Authority may make any 1 or more of the following orders:

(a)

an order directing the broadcaster to publish, in such manner as shall be specified in the order, and within such period as shall be so specified, a statement that relates to the complaint and that is approved by the Authority for the purpose:

(b)

an order to direct the broadcaster to refrain—

(i)

from broadcasting; or

(ii)

from broadcasting advertising programmes (including any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme),—

for such period, not exceeding 24 hours, in respect of each programme in respect of which the Authority has decided the complaint is justified, and at such time as shall be specified in the order:

(c)

an order referring the complaint back to the broadcaster for consideration and determination by the broadcaster in accordance with such directions or guidelines as the Authority thinks fit:

(d)

if the Authority finds that the broadcaster has failed to maintain, in relation to any individual, standards that are consistent with the privacy of that individual, an order directing the broadcaster to pay to that individual, as compensation, a sum not exceeding $5,000.

(2)

If, in the case of a complaint referred to the Authority under section 8, the Authority decides that the complaint is justified, in whole or in part, or is not justified, in whole or in part, the Authority shall give notice in writing of the decision—

(a)

to the broadcaster by which the programme was broadcast; and

(b)

to the complainant.

(3)

If a complaint is found to be justified, in whole or in part, the broadcaster by which the programme was broadcast shall—

(a)

comply with any order made under subsection (1); and

(b)

give notice in writing to the Authority and the complainant of the manner in which the order has been complied with.

(4)

Every statement published pursuant to an order made under subsection (1) shall be deemed for the purposes of clause 13 of Part 2 of Schedule 1 of the Defamation Act 1992 to be a notice published on the authority of a court.

Compare: 1976 No 132 s 95X; 1982 No 6 s 11

Section 13(1)(a): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 13(4): substituted, on 1 February 1993, by section 56(1) of the Defamation Act 1992 (1992 No 105).