The Media Reform document that has been issued today includes five draft proposals that are intended to create modern media legislation, which is likely to include not just broadcasters but all professional media, including streaming platforms and online text-based media.
The proposals are high-level at this stage, and if any are approved, legislation will be required to implement them. Consultation on the proposals is open until Sunday 23 March 2025.
Background to the Reform
The current regulatory framework for broadcast media was enacted in 1989, having been drafted before the internet was available in New Zealand. Since that time, media technology and how we consume and produce content has radically evolved, meaning that existing frameworks are increasingly obsolete and require workarounds and stretched definitions.
The introduction of the proposals for reform comes at a time when local media is under considerable pressure. New Zealand’s media sector employs 25,000 people and contributes NZ$4.7 billion per year to the economy. The Government has expressed a focus on ensuring that any reforms provide adequate support to the local industry to ensure that it remains viable. The proposed reforms are aimed at levelling the playing field between local and international operators in terms of regulation and compliance, while requiring that there is investment and increased prominence given to local content on media platforms.
It is likely the reforms will be guided in part by similar reforms currently taking place or being considered in jurisdictions such as Australia, Canada, Ireland and the United Kingdom.
The proposed reforms do not include electoral advertising, Te Māngai Pao or The Films, Videos, and Publications Classification Act 1993 (which is also very dated). The proposed reforms sit alongside other media initiatives that are being progressed by government, including the Fair Digital News Bargaining Bill and the Broadcasting (Repeal of Advertising Restrictions) Amendment Bill.
The Media Reform Proposals
The proposals in the Media Reform document include:
- Ensuring accessibility of local media platforms
Television manufacturers would be required to ensure local media services are prominent and visible on devices such as smart TVs, to enable this kind of local content to be more easily found by audiences. - Increasing investment into and discoverability of local content
Streaming providers and television broadcasters would be required to invest in local content and take steps to make such content more “discoverable” on their platforms, to support the production and engagement with New Zealand stories and content.
- Increasing captioning and audio description (CAD)
More captioning and audio descriptions would be required on content that is broadcast or streamed in New Zealand, to ensure better access for disabled New Zealanders.
- Modernising professional media regulation
The regulatory regime would be revised to allow for a platform neutral and system level regulation of professional media (including broadcasting and streaming platforms, online text-based media, newspapers and magazines, but not including platforms that primarily host user-generated content or provide access to others’ content, such as social media platforms or search engines).
- Streamlining Crown content funders
NZ on Air and the Film Commission would be consolidated into a single entity to allow for the efficient administration of government funding for local content.
Issues for consideration
In deciding whether to enact some or all of the above proposals, the Ministry for Culture and Heritage will need to consider issues such as:
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- How to effectively regulate harmful content, while allowing for freedom of expression.
- How best to promote self-regulation.
- How to manage costs of implementing the proposals and ongoing compliance costs (noting that the proposals do not include options for new or ongoing government spending).
- The extent to which consumer choice should be recognised and respected.
- The extent to which the proposals would impact existing commercial arrangements.
- Whether any of the proposed reforms would have unintended consequences.
The Ministry for Culture and Heritage will be running information sessions on the proposals on 19 February and 21 February 2025, with the registration details for these sessions to be posted on the Ministry’s website.
If you would like assistance to put together a submission, or if you would like more information about the proposals, please get in touch with the contacts listed or your usual Bell Gully adviser.