BSA allows RCR to submit on jurisdiction decision, publishes legal advice
The Broadcasting Standards Authority has agreed to allow Reality Check Radio to make submissions on the Authority’s jurisdiction over a complaint about online content transmitted by The Platform.
Background
In October the BSA issued a provisional ruling with its view that it has jurisdiction to determine the complaint.
The complaint about The Platform was the first received by the BSA that meets the terms of its 2020 policy about online broadcasters and the Broadcasting Act’s requirements for referral of formal complaints to the Authority.
The BSA has not yet made a final decision on jurisdiction or considered the substance of the complaint.
Application by RCR
NZ Media Holdings 2023 Ltd, trading as Reality Check Radio (RCR), has applied to intervene, make submissions and be heard in the proceedings about jurisdiction. It did so on the grounds that it is affected by the outcome as a provider also conveying content over the internet, and it believed the decision would significantly impact its business.
The BSA has granted RCR leave to make written submissions, limited to the BSA’s jurisdiction in the current complaint about The Platform. The Platform and the complainant will then have an opportunity to respond with any further submissions before the final decision is made on jurisdiction. This will happen in the new year, balancing the need for efficiency with the interests of natural justice and allowing the parties sufficient time to make their submissions.
Authority’s release of information
Recognising the public interest in this issue, and to enable informed discussion, the BSA is today also publishing a legal opinion it has shared with the parties to the complaint (and RCR). This outlines the basis for the BSA’s view that The Platform is a broadcaster, as defined by the Broadcasting Act. The BSA will consider this opinion, along with the parties’ submissions, in reaching its decision on jurisdiction.
In publishing this information, the BSA is departing from its usual policy of not providing public information or comment about complaints while they are under consideration. The BSA will not be making any other public comment about the complaint while it is being considered.
ENDS
For enquiries please email media@bsa.govt.nz
FURTHER INFORMATION
The BSA’s decision granting RCR’s application for leave to intervene can be seen here.
A legal opinion outlining the basis for the BSA’s view that it has jurisdiction to rule on the complaint about The Platform has been published here.
ABOUT THE BROADCASTING STANDARDS AUTHORITY
The BSA is an independent Crown entity that oversees the broadcasting standards regime in New Zealand. It determines complaints that broadcasts have breached standards, undertakes research and oversees the development of broadcasting standards in consultation with broadcasters.
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For more information see our website: www.bsa.govt.nz