21 Functions of Authority

(1)

The functions of the Authority shall be—

(a)

to receive and determine complaints from persons who are dissatisfied with the outcome of complaints made to broadcasters under section 6(1)(a); and

(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); and

(ba)

to receive and determine complaints when—

(i)

the complaint is that a broadcaster failed to comply with section 4(1)(c); and

(ii)

the complainant has chosen to refer the complaint directly to the Authority; and

(c)

to publicise its procedures in relation to complaints; and

(d)

to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting; and

(e)

to encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to—

(i)

the protection of children:

(ii)

the portrayal of violence:

(iii)

fair and accurate programmes and procedures for correcting factual errors and redressing unfairness:

(iv)

safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural, or political beliefs:

(v)

restrictions on the promotion of alcohol:

(vi)

presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences:

(vii)

the privacy of the individual:

(f)

to develop and issue codes of broadcasting practice of the kinds described in paragraph (e) in any case where the Authority considers it appropriate:

(g)

to approve, for the purposes of this Act, codes of practice of the kinds described in paragraph (e):

(h)

to conduct research and publish findings on matters relating to standards in broadcasting.

(2)

The Authority shall, in encouraging, under subsection (1)(e), the development by broadcasters of codes of broadcasting practice, encourage broadcasters to consult with persons having an interest in the subject matter of those codes.

(3)

Nothing in subsection (1) shall relate to advertising programmes or any credit in respect of a sponsorship or underwriting arrangement entered into in relation to a programme except where neither the broadcaster nor the advertiser recognise, in relation to a specific complaint, the jurisdiction of the Advertising Standards Complaints Board (a board appointed by the Advertising Standards Authority Incorporated).

(4)

When performing its functions under subsection (1)(e), (f), or (g) in relation to a code of practice of the kind described in subsection (1)(e)(vii), the Authority must consult with the Privacy Commissioner appointed under the Privacy Act 1993.

(5)

Except as expressly provided otherwise in this or any other Act, the Authority must act independently in performing its statutory functions and duties, and exercising its statutory powers, under—

(a)

this Act; and

(b)

any other Act that expressly provides for the functions, powers, or duties of the Authority (other than the Crown Entities Act 2004).

Section 21(1)(b): replaced, on 20 December 2007, by section 7 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 21(1)(ba): inserted, on 20 December 2007, by section 7 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

Section 21(1)(e)(v): amended, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 21(1)(e)(vii): inserted, on 1 July 2000, by section 4(1) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 21(2): amended, on 14 March 2008, by section 14 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 21(3): inserted, on 1 July 1993, by section 5 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 21(4): inserted, on 1 July 2000, by section 4(2) of the Broadcasting Amendment Act 2000 (2000 No 3).

Section 21(5): inserted, on 25 January 2005, by section 200 of the Crown Entities Act 2004 (2004 No 115).