New media rules under proposals

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All major news media whether print, television, radio or online would have to submit to a new standards regulator or lose legal privileges they currently enjoy under major changes recommended by the Law Commission today.

The commission's 'News Media Meets New Media' issues paper was intended to examine regulatory gaps which have emerged with the public's increasing consumption of online news and use of social media.

Newspapers and other print media have a voluntary self regulatory body in the Press Council which hears complaints over the accuracy and fairness of cover, while statutory body, the Broadcasting Standards Authority deals with such complaints relating to material broadcast on television or radio.

However, there is no authority which currently deals with text, pictures video or audio material published on the internet.

That has led to anomalies where a complaint can be made about an article published in a newspaper but not about the same article published on the same newspaper's website. Current rules also mean the BSA can hear complaints about an item live streamed on a broadcaster's website, but not about the same item if it is sourced "on demand".

Meanwhile, standards for bloggers, who are an increasing feature of the news media landscape are completely unregulated.

The commission has proposed a single regulator for all news media which would be "independent of both government and the news industry". Under its proposal news media could only continue enjoy privileges such as access to closed court proceedings and exemptions from a raft of legislation including the Privacy and Defamation Acts if they submitted to the new body.

Appointments to the regulator would be by an independent panel and would be mostly non-news media figures.

The regulator would be recognised by statute and funded by contributions from members and the state.

The commission has proposed two options regarding membership. The first is that it would be entirely voluntary. However, the commission believes major news outlets would join in order to maintain their legal standing as news media and the associated privileges.

Under the second option, it would be compulsory for publishers who produced news as a business or commercial activity and those providing broad or general news services to a wide audience.

Under both options, bloggers could voluntarily join and would therefore qualify for news media privileges which they are generally denied at present.

The commission said the large majority of New Zealanders publishing on the internet would not be covered by the new regulatory regime but they and the news media would remain subject to existing laws around defamation, contempt of court, and the breach of name suppression and copyright.

The commission was also asked to examine whether those existing laws were effective "in the new media environment".

The public and interested parties have until March 12 to make submission's on the commission's proposals.