BSA Pānui - June update

Number 166
Kia ora koutou

It’s been an eventful time since our last update to you. Today we’re sharing our latest litmus testing research, on decisions about complaints of bias in media, as well as a check-in on where things are at with regulatory reform.

New litmus testing research
 
In recent years, we’ve seen a rise in complaints alleging bias in broadcasting. Few are upheld, which often leaves complainants dissatisfied.
 
The Authority’s job is to uphold the expectations of the wider community, and we need to be sure we’re doing that. We regularly test how well the standards and our application of them reflect community views. We do this via consultation and Codebook reviews, reviews of our decisions by independent experts, and through public surveys and litmus testing.
 
The latest instalment of our biennial litmus testing survey explored New Zealanders’ views on bias in media. The results, published today, show the Authority’s decisions on bias-related complaints are strongly supported, by an average of more than four out of five people.
 
One thing that comes through is that what people may perceive as bias is often editorial discretion and narrative framing, and an important part of freedom of expression.
 
The survey suggests New Zealanders with lower trust in media are more likely to perceive bias in reporting, but the vast majority recognise broadcasters’ freedom to choose how stories are told.
 
The strong survey ratings for BSA decisions offer assurance the Authority has been handling bias complaints in a way that aligns with majority community views.
 
You can see our media release and full research report hereopen_in_new.
 

BSA and future regulation

You will no doubt have seen Minister Goldsmith’s recent announcementopen_in_new of the Government’s intention to disestablish the BSA.

Officials are now working through how that decision will be implemented, and we’ll continue to assist with this process. The Minister has indicated this may take some months and in the meantime the Authority continues in its role.

During this time, all of the existing BSA functions and obligations continue to apply – so broadcasters should keep airing their regular publicity notices on the complaints process, and submitting their annual levy returns. We’re still happy to provide training on the standards and, if you have any questions, we’re only an email or a phone call away.

The Government’s decision may, or may not, have come as a surprise to you.

For the best part of a generation, the Authority itself has been calling for change to a Broadcasting Act that predates the internet – in full knowledge a future regulator would not look like today’s BSA.

Disestablishing the BSA is only half of a solution. The question has always been what will replace the 1989-vintage standards regime. We don’t think “nothing” is the right answer. Our primary concern has been to ensure people still have access to accurate information they can trust, and a regulator they can turn to if they feel standards are breached. I've set out some thoughts on the key issues and questions to be addressed in this media opinion pieceopen_in_new.

An array of thoughtful views have also been put forward by others in recent weeks – including media insiders, commentators and experts, and communities who already experience harm from media, and fear more if legal protections are removed. We’ve collated a selection at the end of this newsletter.
 

‘Quick guide’ resources

In this vein, this is a timely moment for a reminder about our ‘quick guide’ video resources.

These include a media literacy guideopen_in_new designed to help people navigate today’s burgeoning array of sources to find information they can rely on (spoiler alert: start with media that are committed to accuracy and other standards).
 

Our full series of videos can be seen on a dedicated web page hereopen_in_new.

These resources reflect feedback from audiences and broadcasters on how they prefer to receive information, and our commitment to making the broadcasting standards system accessible to all.

Broadcasters are welcome to use or link to these guides in their own audience-facing resources and communications about the complaints process, standards, and tools for safe viewing and listening, while new regulatory arrangements are being developed.
 



High Court appeals

The High Court has recently dismissed two appeals against BSA decisions. The Authority had not upheld the original complaints, finding that the broadcasters’ right to freedom of expression outweighed any potential harm. The High Court rulings can be seen below.

As ever, if there are others you know of who may find the resources and information in this Pānui useful, please don’t hesitate to share them via your networks.
 

Ngā mihi mahana
Stacey Wood
Chief Executive
 
FEATURED DECISIONS



High Court appeal: Rush v Television New Zealand Ltd, 6 May 2026,open_in_new BSA Decision No 2025-003open_in_new

In its 1News programme on 14 November 2024, Television New Zealand aired an item on the Principles of the Treaty of Waitangi Bill (the Treaty Principles Bill) which the complainant saw as having breached the Code of Broadcasting Standards in New Zealand, alleging it was inaccurate and misleading. The complaint to TVNZ was not upheld by TVNZ, or by the Broadcasting Standards Authority, to which it was referred. In this appeal against the Authority’s decision, the High Court considered whether the Authority’s conclusions should be overturned and whether its decision-making process was flawed. The court found the grounds for a successful appeal were not made out and the appeal was dismissed.

Appeal dismissed


High Court appeal: Wishart v Radio New Zealand Ltd Interlocutory, 12 May 2026,open_in_new BSA Decision No 2025-022 open_in_new

The complainant has appealed a decision of the Broadcasting Standards Authority in which the Authority did not uphold the complaint about a broadcast by the Morning Report programme on Radio New Zealand (RNZ) about a run of hot days in Hamilton in early 2025, which was described as likely to have beaten anything the city had experienced since temperature records began. The Broadcast included an interview between a RNZ reporter, Eloise Gibson, and a climate change scientist, Luke Harrington. The complainant filed an interlocutory application for the production of documents. The application was dismissed.

Application dismissed


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

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. It noted exclusion of The Platform would be inconsistent with the objectives and purpose of the Act, which was designed to provide for the maintenance of programme standards in New Zealand broadcasting at a time of deregulation and rapidly evolving technology. This interpretation of the ‘broadcasting’ definition was found to be consistent with rights to freedom of expression under the New Zealand Bill of Rights Act 1990. The definition’s wording should not be automatically read down to avoid any impact on rights to freedom of expression when it is part of a regime intended to place justified limits on such rights. As there is currently no code of broadcasting standards specifically addressing the online broadcasting context, relevant complaints will be considered with a view to determining the broadcaster’s compliance with its obligations under section 4 of the Act.

Jurisdiction accepted
 

LATEST DECISIONS



 

NEWS AND RESEARCH

A selection of views and analysis on the future of media regulation from industry insiders, experts, commentators, and affected communities: Other news and research




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