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WK and The Platform Media NZ Ltd & NZ Media Holdings 2023 Ltd - ID2025-063 (31 March 2026)
ID2025-063

The Broadcasting Standards Authority found it has jurisdiction to consider a complaint about The Platform’s Live Talkback programme on the basis transmission of the programme meets the Broadcasting Act’s definition of ‘broadcasting’. It found programme transmissions via the internet fall within the definition’s reference to transmission by ‘telecommunication’, applying a plain English and purposive interpretation of the term. It also found such transmissions were not captured by the definition’s exception for transmissions ‘made on the demand of a particular person for reception only by that person’. The Authority acknowledged a technical argument existed for application of the exception but, based on the exception’s wording and the Legislation Act 2019 obligation to apply legislation to circumstances as they arise, the Authority found it did not apply....