Broadcasting Act 1989

If you need more information about this Act, please contact the administering agency: Ministry for Culture and Heritage and Ministry of Justice and Ministry of Māori Development-Te Puni Kōkiri
2 Interpretation

(1)

In this Act, unless the context otherwise requires,—

advertising programme—

(a)

means a programme or part of a programme that—

(i)

is primarily intended to promote—

(A)

the interest of any person; or

(B)

any product or service for the commercial advantage of any person; and

(ii)

is a programme or a part of a programme for which payment is made, whether in money or otherwise; and

(b)

includes a credit in respect of a sponsorship or underwriting arrangement, being a credit that—

(i)

is intended to promote any of the matters specified in paragraph (a)(i); and

(ii)

is a credit for which payment is made, whether in money or otherwise; but

(c)

does not include programme material that is the subject of a credit to which paragraph (b) applies; and

(d)

does not include any programme or credit of the kind described in paragraph (a) or paragraph (b)—

(i)

that promotes a scheduled programme on behalf of a broadcaster; or

(ii)

that promotes only a station identity on behalf of a broadcaster; or

(iii)

that constitutes an election programme

alcohol has the meaning given by section 5(1) of the Sale and Supply of Alcohol Act 2012

approved code of broadcasting practice means a code of broadcasting practice—

(a)

developed and issued under section 21(1)(f); or

(b)

approved for the purposes of this Act under section 21(1)(g)

Authority means the Broadcasting Standards Authority established by section 20

broadcaster means, subject to subsection (2), a person who broadcasts programmes

broadcasting means any transmission of programmes, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus but does not include any such transmission of programmes—

(a)

made on the demand of a particular person for reception only by that person; or

(b)

made solely for performance or display in a public place

Commission means the Broadcasting Commission established by section 35

content, in relation to transmitting on demand, means—

(a)

programmes:

(b)

visual images that consist predominantly of alphanumeric text and software intended to—

(i)

inform, enlighten, or entertain; or

(ii)

promote the interests of any person; or

(iii)

promote any product or service

election programme,—

(a)

in the definition of advertising programme and in sections 8 and 21, means a programme broadcast under Part 6; and

(b)

in Part 6, has the meaning given to it by section 69

individual has the same meaning as in section 7(1) of the Privacy Act 2020

Minister means, in relation to a Part of this Act, the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of the Part

programme—

(a)

means sounds or visual images, or a combination of sounds and visual images, intended—

(i)

to inform, enlighten, or entertain; or

(ii)

to promote the interests of any person; or

(iii)

to promote any product or service; but

(b)

does not include visual images, whether or not combined with sounds, that consist predominantly of alphanumeric text

publish includes broadcast

series—

(a)

means 2 or more related sequential programmes; but

(b)

does not include any news or current affairs programme

total revenue means all income classified as revenue by the applicable financial reporting standard (within the meaning of section 5 of the Financial Reporting Act 2013)

transmit on demand means the transmission of content, by any means, made on the demand of a particular person for reception by that person

working day means any day of the week other than—

(a)

a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, Te Rā Aro ki a Matariki/Matariki Observance Day, and Labour Day; and

(ab)

if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the following Monday; and

(b)

a day in the period commencing with 25 December in any year and ending with 15 January in the following year.

(2)

For the purposes of this Act, a person who supplies transmission services to a person who broadcasts programmes is not, by reason only of the provision of those services, a broadcaster within the meaning of this Act unless the person who provides the transmission services is, where the person who broadcasts programmes is a company, in a position to exercise control, either alone or in association with any other person, of—

(a)

the operations of that company; or

(b)

the management of any broadcasting station operated by that company; or

(c)

the management of programmes broadcast by that company; or

(d)

the selection or provision of programmes to be broadcast by that company.

Compare: 1976 No 132 s 2(1); 1982 No 178 s 2(1)

Section 2(1) advertising programme: substituted, on 8 July 1993, by section 2 of the Broadcasting Amendment Act 1993 (1993 No 69).

Section 2(1) alcohol: inserted, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

Section 2(1) approved financial reporting standard: repealed, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).

Section 2(1) broadcaster: substituted, on 28 August 1990, by section 3(1) of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).

Section 2(1) content: inserted, on 14 March 2008, by section 4 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 2(1) election programme: inserted, on 20 December 2007, by section 4 of the Broadcasting Amendment Act (No 2) 2007 (2007 No 112).

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

Section 2(1) individual: amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).

Section 2(1) liquor: repealed, on 18 December 2013, by section 417(1) of the Sale and Supply of Alcohol Act 2012 (2012 No 120).

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

Section 2(1) series: inserted, on 1 July 1996, by section 2 of the Broadcasting Amendment Act 1996 (1996 No 53).

Section 2(1) total operating revenue: repealed, on 20 September 2007, by section 4(1) of the Broadcasting Amendment Act 2007 (2007 No 42).

Section 2(1) total revenue: replaced, on 1 April 2014, by section 126 of the Financial Reporting (Amendments to Other Enactments) Act 2013 (2013 No 102).

Section 2(1) transmit on demand: inserted, on 14 March 2008, by section 4 of the Broadcasting Amendment Act 2008 (2008 No 3).

Section 2(1) working day paragraph (a): replaced, on 12 April 2022, by wehenga 7 o Te Ture mō te Hararei Tūmatanui o te Kāhui o Matariki 2022/section 7 of the Te Kāhui o Matariki Public Holiday Act 2022 (2022 No 14).

Section 2(1) working day paragraph (ab): inserted, on 1 January 2014, by section 8 of the Holidays (Full Recognition of Waitangi Day and ANZAC Day) Amendment Act 2013 (2013 No 19).

Section 2(2): added, on 28 August 1990, by section 3(3) of the Broadcasting Amendment Act (No 2) 1990 (1990 No 103).