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New Zealand: Traditional Media - Regulations
REGULATORY FRAMEWORK
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.
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 The Press Council and Advertising Standards Authority. The boundaries between rules and standards are not always clear, resulting in many overlaps and gaps - they may apply to some forms of media and media organization and not necessarily apply to others. One important gap is Broadcasting Standard Authority's lack of jurisdiction to deal with broadcasting-like content over the Internet, through website downloads, file-sharing, and audio-visual content on overseas-based websites.
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 Broadcasting Standard Authority's jurisdiction. The Broadcasting Standard Authority 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.
The Broadcasting Act states the Authority shall encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to: (i) the protection of children, (ii) the portrayal of violence, (iii) fair and accurate programmes and procedures for correcting factual errors and redressing unfairness, (iv) safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural or political beliefs, (v) restrictions on the promotion of liquor, and (vi) presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences.
Privacy Act (1993)
The Privacy Act aims to promote and protect individual privacy in general accordance with the Recommendation of the Council of the Organization for Economic Co-operation and Development Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and, in particular,— (a) to establish certain principles with respect to— (i) the collection, use, and disclosure, by public and private sector agencies, of information relating to individuals; and (ii) access by each individual to information relating to that individual and held by public and private sector agencies; and (b) to provide for the appointment of a Privacy Commissioner to investigate complaints about interferences with individual privacy; and (c) to provide for matters incidental thereto.
Television New Zealand Act (2003)
Advertising Standards Authority (ASA)
Broadcasting Standards Authority (BSA)
Office of Film and Literature Classification
Press Council
References
Advertising Standards Authority. Advertising Standards Authority Inc. Retrieved on March 04, 2010, from http://www.asa.co.nz/asainc.php
Broadcasting Standards Authority. About Us. Retrieved on March 04, 2010, from http://www.bsa.govt.nz/aboutus-intro.php
Broadcasting Standards Authority. (2010). The Broadcasting Act. Retrieved on March 04, 2010, from http://www.bsa.govt.nz/codesstandards-act.php
New Zealand Legislation: Acts. (2008). Television New Zealand Act 2003. Retrieved on March 04, 2010, from http://www.legislation.govt.nz/act/public/2003/0001/latest/DLM183337.html
New Zealand Legislation: Acts. (2009). Official Information Act 1982. Retrieved on March 04, 2010, from http://www.legislation.govt.nz/act/public/1982/0156/latest/DLM64785.html
New Zealand Legislation: Acts. (2009). Privacy Act 1993. Retrieved on March 09, 2010, from http://www.legislation.govt.nz/act/public/1993/0028/latest/dlm296639.html
New Zealand Legislation: Acts. (2009). Radio New Zealand Amendment Bill. Retrieved on March 09, 2010, from http://www.legislation.govt.nz/bill/government/2009/0030/latest/whole.html
New Zealand Press Council. Main. Retrieved on March 04, 2010, from http://www.presscouncil.org.nz/
Office of Film & Literature Classification. (2007). What the Office does. Retrieved on March 04, 2010, from http://www.censorship.govt.nz/censorship-what-the-office-does.html
____________________________________________________________________________
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.
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 The Press Council and Advertising Standards Authority. The boundaries between rules and standards are not always clear, resulting in many overlaps and gaps - they may apply to some forms of media and media organization and not necessarily apply to others. One important gap is Broadcasting Standard Authority's lack of jurisdiction to deal with broadcasting-like content over the Internet, through website downloads, file-sharing, and audio-visual content on overseas-based websites.
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 Broadcasting Standard Authority's jurisdiction. The Broadcasting Standard Authority 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.
LAWS AND GUIDELINES
There is a long list of parliamentary laws and guidelines that govern the regulation of traditional media in New Zealand given its complexity in nature and its extensive outreach. The more significant ones include the Official Information Act, the Broadcasting Act, the Privacy Act, the Television New Zealand Act and the Radio New Zealand Charter.
There is a long list of parliamentary laws and guidelines that govern the regulation of traditional media in New Zealand given its complexity in nature and its extensive outreach. The more significant ones include the Official Information Act, the Broadcasting Act, the Privacy Act, the Television New Zealand Act and the Radio New Zealand Charter.
Official Information Act (1982)
The purpose of the Official Information Act act is (a) to make official information more freely available, (b) to provide for proper access by each person to official information relating to that person, and (c) to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the achievement of those purposes.
The purpose of the Official Information Act act is (a) to make official information more freely available, (b) to provide for proper access by each person to official information relating to that person, and (c) to protect official information to the extent consistent with the public interest and the preservation of personal privacy, to establish procedures for the achievement of those purposes.
Broadcasting Act (1989)
The Broadcasting Act states the Authority shall encourage the development and observance by broadcasters of codes of broadcasting practice appropriate to the type of broadcasting undertaken by such broadcasters, in relation to: (i) the protection of children, (ii) the portrayal of violence, (iii) fair and accurate programmes and procedures for correcting factual errors and redressing unfairness, (iv) safeguards against the portrayal of persons in programmes in a manner that encourages denigration of, or discrimination against, sections of the community on account of sex, race, age, disability, or occupational status or as a consequence of legitimate expression of religious, cultural or political beliefs, (v) restrictions on the promotion of liquor, and (vi) presentation of appropriate warnings in respect of programmes, including programmes that have been classified as suitable only for particular audiences.
Privacy Act (1993)
The Privacy Act aims to promote and protect individual privacy in general accordance with the Recommendation of the Council of the Organization for Economic Co-operation and Development Concerning Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data, and, in particular,— (a) to establish certain principles with respect to— (i) the collection, use, and disclosure, by public and private sector agencies, of information relating to individuals; and (ii) access by each individual to information relating to that individual and held by public and private sector agencies; and (b) to provide for the appointment of a Privacy Commissioner to investigate complaints about interferences with individual privacy; and (c) to provide for matters incidental thereto.
Television New Zealand Act (2003)
The Television New Zealand Act serves to (a) provide for the existing State enterprise Television New Zealand Limited to be split into a Crown entity conducting a television business and a State enterprise conducting a transmission business, (b) ensure that the Crown entity responsible for the television business gives effect to its Charter while maintaining its commercial performance, and (c) provide for the governance of the Crown entity, including reporting requirements and the role of shareholding Ministers in addition to the provisions contained in the Crown Entities Act 2004.
Radio New Zealand Charter
The charter is reviewed every five years. The existing list principles under the Radio New Zealand Charter has the following objectives – (i) To serve the public interest as an independent and commercial-free public service broadcaster, (ii) To adopt freedom of thought and expression as the foundations of democratic society and the public radio company as a public service broadcaster playing an essential role in exercising these freedom, (iii) To foster a sense of national identity by contributing to tolerance and understanding, reflecting and promoting ethnic, cultural and artistic diversity and expression, and (iv) To provide reliable, independent, and freely accessible news and information.
Radio New Zealand Charter
The charter is reviewed every five years. The existing list principles under the Radio New Zealand Charter has the following objectives – (i) To serve the public interest as an independent and commercial-free public service broadcaster, (ii) To adopt freedom of thought and expression as the foundations of democratic society and the public radio company as a public service broadcaster playing an essential role in exercising these freedom, (iii) To foster a sense of national identity by contributing to tolerance and understanding, reflecting and promoting ethnic, cultural and artistic diversity and expression, and (iv) To provide reliable, independent, and freely accessible news and information.
REGULATORY BODIES
Advertising Standards Authority (ASA)
Advertising Standards Authority Inc (ASA), previously known as Committee of Advertising Practice was formed early in 1973, and incorporated in late 1990. Their three main objectives are (i) to seek to maintain at all times and in all media a proper and generally acceptable standard of advertising and to ensure that advertising is not misleading or deceptive, either by statement or by implication, (ii) to establish and promote an effective system of voluntary self-regulation in respect to advertising standards and (iii) to establish and fund an Advertising Standards Complaints Board.
| 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 No. of Complaints Determined Annually | About 250 |
| Percentage of Complaints Upheld or Settled Annually | 52% |
Broadcasting Standards Authority (BSA)
The Broadcasting Standards Authority is an Independent Crown Entity (ICE) set up by the Broadcasting Act 1989. BSA reports to Parliament through the Minister of Broadcasting. Their operational objectives are (i) the determination of complaints, (ii) the review and approval of codes of broadcasting practice, and (iii) communications and research about broadcasting standards and the wider broadcasting environment.
| Regulates | Television and radio, including subscription services and (perhaps) streaming video |
| 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 No. of Complaints Determined Annually | About 200 |
| Percentage of Complaints Upheld or Settled Annually | 21% |
Office of Film and Literature Classification
The Office of Film and Literature Classification is responsible for classifying publications that may need to be restricted or banned. Under section 88 of the Act, the Office is also responsible for disseminating information on censorship law and the censorship system, and dealing with inquiries and complaints from the public. The Office of Film and Literature Classification is also the Government body responsible for classifying publications that may need to be restricted or banned.
| 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 No. of Classifications Issued Annually | About 1450 |
| Percentage of Publications Banned Annually | 14% |
Press Council
The Press Council was established in 1972 by newspaper publishers and by the then Journalists’ Union. It is funded entirely by the industry. Its principal objectives include (i) considering complaints against newspapers and other publications, (ii) promoting freedom of speech and freedom of the press in New Zealand and (iii) maintaining the New Zealand press in accordance with the highest professional standards.
| 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 No. of Complaints Determined Annually | About 50 |
| Percentage of Complaints Upheld or Settled Annually | 23% |
References
Advertising Standards Authority. Advertising Standards Authority Inc. Retrieved on March 04, 2010, from http://www.asa.co.nz/asainc.php
Broadcasting Standards Authority. About Us. Retrieved on March 04, 2010, from http://www.bsa.govt.nz/aboutus-intro.php
Broadcasting Standards Authority. (2010). The Broadcasting Act. Retrieved on March 04, 2010, from http://www.bsa.govt.nz/codesstandards-act.php
New Zealand Legislation: Acts. (2008). Television New Zealand Act 2003. Retrieved on March 04, 2010, from http://www.legislation.govt.nz/act/public/2003/0001/latest/DLM183337.html
New Zealand Legislation: Acts. (2009). Official Information Act 1982. Retrieved on March 04, 2010, from http://www.legislation.govt.nz/act/public/1982/0156/latest/DLM64785.html
New Zealand Legislation: Acts. (2009). Privacy Act 1993. Retrieved on March 09, 2010, from http://www.legislation.govt.nz/act/public/1993/0028/latest/dlm296639.html
New Zealand Legislation: Acts. (2009). Radio New Zealand Amendment Bill. Retrieved on March 09, 2010, from http://www.legislation.govt.nz/bill/government/2009/0030/latest/whole.html
New Zealand Press Council. Main. Retrieved on March 04, 2010, from http://www.presscouncil.org.nz/
Office of Film & Literature Classification. (2007). What the Office does. Retrieved on March 04, 2010, from http://www.censorship.govt.nz/censorship-what-the-office-does.html
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