The Broadcasting Standards Authority (BSA) is to be scrapped, and when it’s gone the media will self-regulate.
Communications Minister Paul Goldsmith says New Zealand’s media landscape has changed but “regulatory settings have not kept up”. He makes his case in a blunt manner … if you don’t like what you hear or see you can turn it off and listen to somebody else. He goes on about media… if they find they’re offending everybody and nobody listens to them, they will soon be out of business.”

This viewpoint fits in with this triage government thinking. Dollars and their free speech are all that matter with nearly all their policies. Broadcasting and media is all about money, so some …. dare I include the word “responsible” ….media can (should) sink, drown and buggar off from this world.
It is not a philosophy even worthy of debate as these same men…and most of them are men… give token support to ideas of protecting children from invasive media, but the “ frightened” they will not draw swords with Meta and the other players in the mighty Cloud Empire. I keep thinking, but not even about Meta, this time. When did Prime Minister Luxon last appear on TV in Q and A to answer questions? His views on media lead the triage.
The BSA chief executive told Radio New Zealand, “Our primary interest has been to ensure the public continue to have access to accurate, reliable media content, and a regulator they can turn to if they think public standards are breached,” It’s a body governing our broadcasters, which until recently just meant TV and radio outlets like TVNZ, Newstalk ZB or RNZ.
The BSA’s was planning to work on its remit to include online broadcasters, surely a good idea, as private broadcasters bugger our ears generating slogans with soundbites about the BSA trying to put itself above the laws of New Zealand. A pothole of politicians have joined the cause, with New Zealand First leader Winston Peters arguing the BSA’s efforts to regulate the internet were “bordering on fascist” and Act putting forward a member’s bill to abolish the organisation. We are moving towards the philosophy of anything goes. But why should I care when at some happy day in the future I can do so much more on social media and call the politicians I disagree with F******** and C**** and other names. Upset listeners may turn off their cellular links or they too vent their own opinions online with their favourite private broadcaster.
A former Minister of Broadcasting, Richard Prebble, has written about his work establishing the BSA.
I’ll end my moaning now, but please read on. Below is part of a public letter on the BSA sent by Gavin Ellis, an experienced journalist and newspaper editor to our representatives in Parliament.
Abolition of the Broadcasting Standards Authority will not solve any of those problems: It will simply conflate the problems a little.
There is now an urgent need for a complete reappraisal of our media regulatory systems – both statutory and voluntary – with the stated aim of providing New Zealanders with a new regulatory regime that will serve their needs in rapidly changing times.
I caution against the adoption of any proffered ‘solution’ in the hope of affecting a quick ‘fix’ to the ‘problem’ of the BSA. It is vital that any system which replaces the current multi-agency framework is the result of broad consultation and independent consideration. Only then can it be expected to enjoy wide support from the public whose interests it would be expected to serve. No imposed ‘solution’ would enjoy such support.
I therefore urge you to support the establishment of a public enquiry to consider the creation of a new media and communications regulatory system. Such a system should be founded upon public trust, the prevention of harm, and the balancing of free expression atop those two pillars. Public trust will be more readily accrued if members of the community invest in its creation by making submissions.
An enquiry – whether it be a department-led project or a Royal Commission – would require comprehensive direction to guide its deliberations. I would like to suggest the following areas of enquiry.
- Rationale (guiding principles e.g. prevention of harm)
- Scope (what types of activity should be regulated)
- Form (type of authority: statutory crown entity/statute-endorsed independent body/voluntary body)
- Structure (How a regulatory body or bodies should be organised)
- Appointments (how members are appointed to adjudicating bodies)
- Jurisdiction (what powers a regulator should have)
- Limits (what limits should be placed on those powers)
- Models (what examples may be found in overseas jurisdictions, suggested solutions such as that by David Harvey, and the extent to which the recommendations of the 2011 Law Commission enquiry may still be applicable).
It is in New Zealand’s interest that we foster a media system in which the actions of Parliament and the Executive can be accurately relayed to the public, and on which voters can make informed decisions. An accountable media system that reflects the nation to itself is one in which the public can reside its trust.
This letter is being sent to all Parliamentary political parties because I am convinced there is a growing danger of instability within our media systems that we must all address. I urge you and your colleagues to give the matter the prompt attention it increasingly requires.
I would, of course, welcome any opportunity to discuss the matter further.
Yours sincerely,
Dr Gavin Ellis ONZM MA PhD

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