New Zealand: Traditional Media


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Media and Regulations

Mainstream Media

New Zealand's broadcasters enjoy one of the world's most liberal media arenas. The broadcasting sector was deregulated in 1988, when the government allowed competition to the state broadcaster, Television New Zealand. Ruia Mai became the country's first Maori-owned, Maori language radio station when it launched in 1996. The New Zealand Herald newspaper has the biggest circulation.

Press
Television
Radio
News agencies

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New Zealand’s Existing Media Regulatory Framework

Most laws such as defamation, and contempt of court, and crimes such as criminal trespass and harassment apply to all forms of media. Others apply only to certain branches of the media such as broadcasters or only to certain types of content such as advertising.

Media regulation is based on a two tier approach. Some are governmental such as Broadcasting Standards Authority and censorship bodies whereas others are forms of industry self-regulation such as Press Council and Advertising Standards Authority. Hence, the rules and standards that apply to some forms of media or media organisation do not necessarily apply to others.

The edges of these jurisdictions are becoming fuzzier with the intervention of social media. The Press Council now considers complaints against websites associated with newspapers and magazines. It also hears complaints about news agencies that are not its members. Advertisements are becoming increasingly integrated into other media content.

The Office of Film and Literature Classification has jurisdiction over Internet files, including video and audio content, unless they are streamed in real time, in which case they arguably fall within the BSA's jurisdiction. The BSA has held that video clips available for download on a website – even a television broadcasters’ website – are not “broadcasts” within their jurisdiction. On the other hand, it suggested that material that is “continually being shown on the website, regardless of whether users choose to view it” – that is, streamed on a fixed schedule – may be broadcasts. ____________________________________________________________________________

Media Regulatory Bodies

Press Council

Regulates: Newspapers and magazines and associated websites
Standards: Statement of Principles (ethical standards, broadly drafted, not exclusive)
Author of standards: Industry
Funded by: Industry
Process: Complaints driven
Determined by: Council with majority of public members and (usually) retired HC judge chairing
Remedy: (If complaint against member) requirement to publish the “essence” of the determination if complaint upheld
Average number of complaints determined annually: about 50
Average upheld/part upheld: 23%

Broadcasting Standards Authority (BSA)

Regulates: Television and radio, including subscription services and (perhaps) streaming video on the Internet Standards: Codes of broadcasting practice (mostly ethical standards, fairly specific, exclusive)
Author of standards: industry and BSA together
Funded by: government, levy on broadcasters.
Process: Complaints driven
Determined by: Authority of four members appointed under statutory criteria, chaired by long-standing lawyer Remedy: costs, compensation for privacy infringement, corrective statement/apology, order broadcaster off-air or advertising blackout for up to 24 hours
Average number of complaints determined: about 200
Average upheld: 21%

Advertising Standards Authority

Regulates: Advertising in any form
Standards: Codes of practice (general ethical guidelines and subject-specific codes; exclusive)
Author of standards: Industry
Funded by: Industry
Process: Complaints driven
Determined by: Advertising Standards Complaints Board, with half public membership, and Advertising Standards Appeal Board, with a majority of public members
Remedy: Advertisement withdrawn
Average number of complaints determined annually: about 250
Average number upheld/settled: 52%

Office of Film and Literature Classification

Regulates: publications (including films, videos, DVDs, books, print media, computer files, computer games, billboards, t-shirts)
Standards: related to sex, horror, crime, cruelty or violence and “injurious to the public good”; variety of statutory factors
Author of standards: Parliament
Funded by: Government, fees
Process: Classification system, complaints, investigation, courts
Determined by: Chief censor and staff, and Film and Literature Board of Review on appeal
Remedy: ban or restriction (criminal offence to breach) or excisions
Average number of classifications issued annually: About 1450
Average number banned: 14%

Other Sources of Laws and Guidelines that Affect Media

  • In-house codes of ethics and procedure
  • A union code of ethics
  • In-court media coverage guidelines
  • Fair Trading Act
  • Privacy Act
  • TVNZ Act, Radio NZ Act
  • TVNZ and Radio NZ are subject to the Official Information Act
  • Broadcasting Act
  • Copyright Act
  • New Zealand Bill of Rights Act
  • Telecommunications and Radiocommunications Acts and regulations
  • Commerce Act
  • Voluntary quotas
  • Human Rights Act (incitement to racial hostility)
  • Coroners Act (suicide reporting)
  • Medicines Act (health advertising)
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