Broadcasting Standards Authority to be axed, self-regulation signalled

Minister Paul Goldsmith (file).

The Government will disestablish the Broadcasting Standards Authority with the "expectation" journalism will become self-regulated through the Media Council, says minister Paul Goldsmith.

Media Minister Goldsmith confirmed today the Government had agreed to progress with scrapping the BSA, adding "self-regulation options" would be investigated, but he expected the Media Council to "become the primary regulator for journalism".

The authority has been a longstanding government-authorised statutory arbitrator of acceptable boundaries of broadcast media such as television and radio.

A person watching television (file image).

"New Zealand’s media landscape has changed dramatically, but our regulatory settings have not kept up. The BSA regime was designed for a broadcasting environment that is rapidly disappearing," he said in a media release.

Legislation to repeal provisions relating to the BSA will be drafted in the "coming months", but the regulator will continue until law changes are officially made.

BSA chief executive Stacey Wood said the authority had argued for more than 15 years that the current Broadcasting Act was no longer fit for purpose.

"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," she said.

"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."

Wood said the BSA was "proud of the role" it had played for more than 37 years in maintaining broadcasting standards, and that it stood "ready to assist with the transition to new arrangements when the time comes".

Sean Plunket broadcasting from the Wellington studio of The Platform.

Today's announcement confirmed weeks of signals from the Government that the Crown entity, established under the Broadcasting Act 1989, would not survive.

Goldsmith had previously hinted that he was "leaning towards" abolishing the authority after a controversial March decision in which the BSA claimed jurisdiction over online broadcaster The Platform and host Sean Plunket.

The BSA's call drew fierce criticism from coalition partners ACT and NZ First, with Deputy Prime Minister David Seymour calling the BSA "a creature of 1989 before the internet existed" and NZ First leader Winston Peters labelling it "bordering on fascist".

Govt 'confident' in self-regulation

The authority itself has previously urged politicians to clarify its role in the online space.

"It has always been for lawmakers to decide if the BSA plays a role in any future regulatory setup. We’ve worked with officials and provided advice on various proposals over the years," Wood said in the BSA's statement.

Goldsmith said that the authority "doesn't make sense" in 2026.

"Today, audiences move seamlessly between traditional broadcasting, on-demand services, podcasts and online platforms — yet only a small portion of that content is subject to the BSA's regulatory oversight," he said.

The BSA received 80 queries this year, when it would usually only get three or four. (Source: 1News)

"The current framework can create inconsistencies and unfair outcomes for media providers, with similar content treated differently depending on whether it is broadcast live or accessed on demand.

"Print media already self-regulates through the New Zealand Media Council, and some broadcasters have opted to be part of it.

"Our expectation is the Media Council will become the primary regulator for journalism. "

The council is a voluntary, industry-funded body founded in 1972 that handles complaints about newspapers, magazines, digital publishers and some broadcasters' online platforms. Unlike the BSA, it does not have legal powers to enforce its rulings.

The BSA can also currently impose fines of up to $5000 and, in extreme cases, ban a television or radio broadcaster for up to 24 hours.

Paul Goldsmith as minister speaks to Q+A's Jack Tame in July 2024 (file image).

Goldsmith said: "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."

Traditional broadcasters, including TVNZ, are subject to BSA regulation for some of the content it produces — for example, linear television channels, but not streaming services.

Most stories on 1News.co.nz are currently regulated through the Media Council.

Several pieces of legislation, including the Criminal Procedure Act, make reference to the BSA and other relevant provisions contained in the Broadcasting Act 1989.

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