NBR owners Todd and Jackie Scott.
Companies sharing small numbers of subscription passwords to access paywalled news content are under legal scrutiny.
Business website NBR has reached out-of-court settlements with three major corporates, including a national law firm, for what it calls the illegal stealing of its content.
The NBR believes its move sets a copyright legal precedent for other major New Zealand publishers, including NZ Herald owner NZME, Stuff, Are Media, and the ODT, all of which run news subscription websites.
“Earlier this year, NBR began investigating several large businesses which appeared to be breaching NBR’s copyright and subscription terms and conditions by sharing small numbers of subscriptions widely among their staff,“ NBR owner and publisher Todd Scott told Media Insider in a provided statement.
“Following those investigations, NBR last week secured settlements from two leading fund managers and one national law firm.
“Each firm paid legal costs and agreed to buy the appropriate number of subscriptions.”
The NBR has not named the companies or the precise terms of the settlements, citing confidentiality clauses.
“A senior representative of one of the companies that settled - clearly not the law firm - told me that the offence is no different than sharing a Netflix account and that everyone does it,” said Scott.
He said each of the cases would have been taken to court, but that the settlements - led by Couch Harlowe Kovacevich partner Aaron Harlowe as NBR’s legal adviser – were the most “pragmatic response”.
“In taking this action, NBR sought to make clear that sharing subscriptions is equivalent to stealing the content our award-winning newsroom brings to our valued member subscribers every week,” he said.
“Each of the firms we have settled with should have known better and would rightfully take the same action against us if we stole their services.”
Scott said the settlements had set an important precedent that would benefit all media. “It’s time we collectively draw a line in the sand.”
NBR introduced a paywall 16 years ago, while the NZ Herald’s Premium subscription service launched in 2019. Stuff introduced digital subscriptions for its metropolitan titles in 2023.
Scott said NBR had developed a “sophisticated system” to flag those who were breaching its terms and copyright conditions.
“We are now working through a list of member subscribers who have been flagged by the newly implemented system.”
He said NBR would give these firms until the end of November to put their houses in order.
“A sporting analogy might be that the ref has called both captains and allowed them time to talk to their players about what will happen if they carry on infringing.
“CEOs are not necessarily aware of the breaches within the teams they lead, but they are responsible/accountable for this illegal activity.
“I stand by my prediction that this issue will play out in the courts in 2026.”
NBR said it had also disabled the ability for subscribers to copy, print or save articles to PDF – “another practice we understand is prevalent at many New Zealand businesses to get around media paywalls”.
“Following a couple of years in which several high-profile media businesses have folded in this country, New Zealand business and Government departments need to ensure they are backing the industry appropriately,” Scott said.
“We hold the powerful to account, and too many have taken the media’s vital role in democracy for granted.”
Editor-at-Large Shayne Currie is one of New Zealand’s most experienced senior journalists and media leaders. He has held executive and senior editorial roles at NZME including Managing Editor, NZ Herald Editor and Herald on Sunday Editor and has a small shareholding in NZME.