BSA Pānui - Eye to the future

Number 155
Kia ora koutou

Consultation has now closed on Manatū Taonga’s Media Reform proposals – thank you to those who shared their thoughts with us and made submissions to the Ministry.
 
The BSA has been calling for reform of the Broadcasting Act for many years, as have many broadcasters, other media and stakeholders. We are all aware of the increasing urgency to update broadcasting regulations that were created in 1989 in a pre-internet world.
 
The digital revolution has transformed – and continues to transform – how we consume media. The impact on the sector, and the resulting deepening of inequities and power imbalances, have brought the limitations of the current framework into stark relief.
 
With 35 years of experience as an effective regulator of media content – and through our conversations with broadcasters and other media – we’re well placed to help identify issues to be addressed in shaping any new system or regulator.
 
Need for reform and a level playing field
 
In our submission, we’ve expressed strong support generally for an overhaul of the Broadcasting Act, and the aim to modernise the standards system to cover all professional media operating in New Zealand, not just broadcasters.
 
We welcome the ‘platform-neutral’ nature of the proposed system. Any new system needs to be flexible and futureproof as the ways content is produced and consumed continue to evolve.
 
This, and the suggested measures to make New Zealand content more accessible and discoverable, and adjust the functions of the regulator, could help level the playing field so local media and content producers can compete with much bigger global platforms. This, in turn, could help ensure New Zealand stories continue to be told.
 
We’ve also identified issues for policymakers to consider in any further development of the proposals:
  • We believe levelling the playing field for local platforms is unlikely to be achieved if global online platforms carrying similar content, such as YouTube, are excluded.
  • We understand the rationale for focusing on professional media initially, but strongly recommend any new system leaves the door open to expanding its scope to include social media, where the majority of harm is happening.
  • The proposed mix of self-regulation and regulatory oversight may lead to confusion and duplication. If the goal is to simplify the system and reduce fragmentation, the layering of a self-regulatory body between media and the regulator may run counter to this.
  • Careful consideration needs to be given to how any new system or new (self) regulator would be funded, and by whom.
We believe any new system must simplify the regulatory landscape, rather than further complicating it. It needs to consider the fairest way to address any resulting increase in costs for the industry.
 
At its heart, any future system must continue to protect freedom of expression, while allowing for appropriate limits to prevent harm.
 
The existing co-regulatory system has proven highly effective in balancing freedom in broadcasting with maintaining community expectations around the kind of content people expect to see or hear on TV and radio. While the Broadcasting Act 1989 is no longer fit for purpose, our research and experience show the standards themselves are still relevant and important in a free and democratic society.
 
Consultation may have closed, but we remain available to discuss any thoughts or concerns you may have about the reform proposals.
 
We look forward to keeping in touch with broadcasters and stakeholders - we want to make sure our input continues to reflect your views and concerns.
 
You can see the full BSA submission hereopen_in_new.
 
The Media Reform proposals can be seen on Manatū Taonga Ministry for Culture and Heritage’s website hereopen_in_new.

Ngā mihi mahana
Stacey Wood
Chief Executive
FEATURED DECISIONS

Action For Smokefree 2025 and Discovery NZ Ltd - 2024-070; 2024-071 (26 March 2025) open_in_new

The Authority has upheld two complaints from Action for Smokefree 2025 (ASH) about two items on ThreeNews reporting concerns about ASH, including alleged conflicts of interest and its stance on vaping. The Authority agreed the first item (26 July 2024), presented as a ‘special investigation’ into concerns about alleged links between ASH and the ‘pro-vaping’ lobby in Australia, breached the fairness, balance and accuracy standards: the reporter did not fairly inform ASH about the nature of the story or ASH’s contribution to it; ASH’s comments on the issues were not fairly presented, meaning the item was unbalanced; and, collectively, a number of statements and the presentation of ASH’s position created a misleading and unfairly negative impression of ASH. The Authority also found the second item (30 July 2024), reporting a school had ‘refused to allow’ its students to take part in ASH’s annual Year 10 Vaping Survey due to concerns about ASH’s stance on youth vaping, was misleading and unfair to ASH and its Director: the broadcaster did not make reasonable efforts to ensure accuracy, by failing to report important factual context which would have significantly altered viewers’ understanding of the item; and the single comment that was included from ASH failed to respond to the issues and unfairly portrayed ASH in a negative light.

ThreeNews, 26 July 2024 – Upheld: Fairness, Balance, Accuracy.

ThreeNews, 30 July 2024 – Upheld: Accuracy, Fairness.

Orders: Section 13(1)(a) - statement published on air, and online (to the extent reasonably within the broadcaster’s control); Section 16(1) - costs to the complainant $1,710.62; Section 16(4) - $3,000 costs to the Crown 


Wishart and Television New Zealand Ltd - 2024-087 (26 March 2025) open_in_new

The Authority has not upheld a complaint that a 1News item breached the accuracy standard by claiming a 24-hour period in October 2024 was Dunedin’s ‘wettest day in a century’. In the context of an almost 10-minute-long live broadcast reporting on a regional state of emergency, the comments did not amount to material points of fact. Their inclusion would not have affected viewers’ understanding of the overall item, as its purpose was to provide information to New Zealanders during a natural disaster. Furthermore, live reporting on extreme weather events carries high public interest, and this broadcast did not create harm at a level justifying restriction of the broadcaster’s freedom of expression.

Not Upheld: Accuracy

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