Appeals

Q: What can a broadcaster do if they disagree that they have contravened the Code of Conduct?

A: A broadcaster may appeal against the findings of an adjudicator or a Tribunal. In the case of an appeal against an adjudication, the broadcaster can appeal to a Tribunal. The Chairperson must however consider whether there are adequate grounds for an appeal; if not, the application to appeal is rejected. In the case of an appeal against a Tribunal, the broadcaster may apply to appeal to the Appeal Tribunal of the BCCSA; this consists of three or five commissioners who did not sit on the first Tribunal. If the Chairperson turns down the application to appeal, the broadcaster may then apply for an appeal to a Deputy Chair. If the Deputy Chair believes that there are good grounds for an appeal, the appeal will be heard. If a broadcaster’s appeal is not upheld, the broadcaster must comply with the order of the Tribunal or of the Appeal Tribunal, as the case may be. Although in most cases it is the broadcaster who appeals a Tribunal decision, a complainant may also appeal, for example against a sanction that is considered to be too light.