A “game-changing” reduction in standards breaches shows the co-regulatory broadcasting standards system has achieved its purpose since its creation in 1989, the Broadcasting Standards Authority says.

In issuing its 35th annual report, the Authority says the system has been a key pillar in protecting freedom of expression while also tackling potential harm. Record low rates of upheld complaints in the last three years show broadcasters are getting it right in the overwhelming majority of cases.

Of the 106 decisions the BSA issued in the year to June, five (or 4.7%) were upheld. Upholds totalled seven (5.7% of 121 decisions) in 2022/23 and seven (4.1% of 173 decisions) in 2021/22.

In the standards system’s early years, uphold rates often exceeded 30 percent – topping 42 percent in the first two years. Several years saw more than 40 decisions confirming breaches, with a peak of 71 in 1999/2000, before numbers steadily declined in recent years.

“Working alongside broadcasters, the BSA has, over more than three decades, overseen a standards system that has been a game changer in delivering on a vision of freedom in broadcasting without harm,” says BSA Chief Executive Stacey Wood.

“Throughout this time broadcasters have carried out their vital role as conduits for free speech – with thousands of broadcasts a year informing and reflecting society and enabling a vibrant and robust exchange of ideas and information. In doing so, they strengthen our society and democracy.

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“By establishing clear standards based on community expectations, and regularly reviewing these against changes in attitudes and the media environment, the BSA has delivered decisions fit for their times. The cumulative body of decisions, guidance, research, and work with broadcasters – plus the tools we offer audiences to make informed viewing and listening choices – have helped to protect audiences from harmful content.

“However, the rapid shift of traditional TV and radio audiences to new platforms outside the remit of existing regulators now limits our ability to keep delivering on our vision. Reform of content regulation is overdue to ensure community standards continue to be upheld beyond traditional broadcasting. We welcome the Government’s work towards a modern, streamlined regulatory landscape and look forward to seeing proposals,” Wood says.

Since its creation under the Broadcasting Act 1989, the BSA has tackled era-defining issues and evolving community attitudes, along with seismic shifts in technology and audience behaviour. Its ‘Language that may offend in broadcasting’ research has tracked sweeping changes in society’s views on offensive language.

Key figures in the BSA’s latest annual report include:

• The BSA received 130 complaints and issued 106 decisions.
• Five decisions were upheld and the Authority issued two orders, down from seven upholds and seven orders the previous year.
• Accuracy (69 complaints), balance (62) and fairness (45) were the most complained-about standards, followed by discrimination and denigration (30) and offensive and disturbing content (24).
• In line with recent years, TV (85 complaints, 3 upheld) attracted more complaints than radio (35 complaints, 2 upheld).
• News and current affairs (90 complaints) was the most complained-about programme genre, followed by radio/talkback (10).

The year saw a rise in accuracy, balance and discrimination and denigration complaints the BSA did not uphold, which were essentially based on personal preference for how news and current affairs items should have been reported.

“We frequently see complaints – from people of all political persuasions – alleging ‘bias’ in media, where the perceived bias is the presentation of information the complainant disagrees with.

“The right to free speech has always been at the heart of the BSA’s purpose. The Authority's role is to uphold community standards, and our community includes people you disagree with, not just those who express similar views,” Wood says.

Research suggests the BSA is generally achieving an appropriate balance between free speech and potential harm, she says.

“An average of 91% of people we surveyed, reflecting a representative sample of New Zealand society, agreed with BSA decisions and reasoning on the polarising issue of gender identity.

“But the current standards system isn't perfect, and recent BSA research revealed significant numbers of people from diverse ethnic communities still experience negative, race-based or other discriminatory content in media. It's hard for a standards regime to tackle systemic issues of discrimination and social cohesion, but our research shows work is still needed to ensure media is inclusive and reflects our multicultural society,” said Wood

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