Goldsmith argued media entities were subjected to “inconsistencies and unfair outcomes” through content being judged differently if it was broadcast live or accessed on demand.
He pointed to the New Zealand Media Council as a self-regulation mechanism, adding he expected the Media Council would become the “primary regulator for journalism”.
The Media Council is funded by major media organisations to rule on fairness, accuracy and decency. Unlike the BSA, it holds no legal powers.
“I’m confident that greater industry self-regulation is the most practical way to level the playing field across platforms, and can provide an appropriate level of oversight to maintain ethical journalistic standards and audience trust,” Goldsmith said.
Legislation to repeal provisions in law relating to the BSA would be drafted in the coming months, Goldsmith said. The BSA would continue in its role until that legislation was passed.
In a statement, BSA chief executive Stacey Wood said the authority had long argued to reform the Broadcasting Act and hadn’t shied away from change.
“It has never been about protecting our existing operating model, and it was clear any future regulator would need to look different to the existing BSA,” she said.
“It has always been for lawmakers to decide if the authority plays a role in any future regulatory set-up. We’ve worked with officials and provided advice on various proposals over the years.”
She said the BSA would wait for advice about the Government’s decision and would “stand ready to assist with the transition to new arrangements when the time comes”.
Act MP Laura McClure, who had lodged a member’s bill to abolish the BSA, welcomed the Government’s move.
“Kiwis no longer rely on a handful of TV channels. They choose what they watch and listen to from a vast range of platforms.”
“If you don’t like something, you switch it off. We don’t need a taxpayer-funded taste police in Wellington deciding what people are allowed to hear.”
Media Council governance board chairman Brook Cameron said the council would engage with the Government as it considered the future of the BSA.
“The Media Council has a robust process for receiving and determining complaints to ensure the public has confidence in a fair and independent NZ media sector.”
The Herald has requested comment from state broadcasters TVNZ and RNZ, and The Platform host Sean Plunket.
The Platform v the BSA
The issue came to a head last month when the BSA ruled it had jurisdiction to consider a complaint against Sean Plunket’s The Platform.
The complaint took issue with Plunket describing tikanga Māori as “mumbo jumbo”.
But before considering the merits of the complaint, the authority had to first determine whether it had jurisdiction.
The BSA deemed it was “required to consider under the Broadcasting Act, complaints about The Platform’s Live Talkback programme, because the programme meets the act’s definition of ‘broadcasting’.”
At the same time, the authority said it had not found it had jurisdiction over on-demand content from the likes of Netflix, AppleTV, Prime Video, Disney+, YouTube or other overseas entities streaming content for New Zealand audiences, nor over personal online content posted or livestreamed by individuals.
Plunket rejects the decision, claiming Parliament didn’t intend for the BSA to cover online broadcasters when the law was written in 1989, as they didn’t exist.
New Zealand First’s Winston Peters also slammed the decision, saying it was “bordering on fascist”. He called for the BSA to be scrapped.
Act also criticised the decision, having earlier lodged a private member’s bill to disestablish the BSA.
Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.
