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Hon Simon Power, the Minister Responsible for the Law Commission, has asked the Commission to undertake a review of the current regulatory regime for news media with respect to its adequacy in catering for new and emerging forms of news media – sometimes referred to as the “new media”.
The Minister has requested that the Commission’s review should deal explicitly with the following matters:
-How to define “news media” for the purposes of the law;
-Whether and to what extent the jurisdiction of the Broadcasting Standards Authority and/ or the Press Council should be extended to cover currently unregulated news media and, if so, what legislative changes would be required to achieve this end; and
-Whether then existing criminal and civil remedies for wrongs such as defamation, harassment, breach of confidence and privacy are effective in the new media environment and if not whether alternative remedies may be available.
The Commissioner leading the project will be Professor John Burrows who has an extensive background in media law. He will be assisted by senior researcher and policy adviser, and former editor, Cate Honore Brett.
The Commission released an issues paper for public consultation on the 12th December 2011
More information and paper download
References to the review in the media
Simpson Grierson 'Bloggers, Tweeters and Facebook - New Media or News Media' 22 January 2012
NZ Herald 'Linda Clark: Watchdogs must keep up with media's changing face' 20 January 2012
Dominion Post 'Editorial: Slings and arrows of a single regulator' 19 January 2012
Stuff 'Trouble in cyberspace' [Review of Regulatory Gaps and the New Media] 12 January 2012
NZ Listener 'Taming the Media' 3 January 2012
TVNZ Media 7 'Russell Brown talks to Law Commissioner, Professor John Burrows about the future media landscape' 15 December 2011
Otago Daily Times 'Cyber-bullying here to stay: expert' 15 December 2011
SCOOP 'Invitation to an Online Media Shooting' 13 December 2011
Media Law Journal 'Law Commission's media paper' 12 December 2011
Frog Blog 'New report on new media' 12 December 2011
TVNZ 'Newspapers could rally against new media rules' 12 December 2011
TV3 'Law Commission proposes a new media watchdog' 12 December 2011
Stuff 'Light, not heat, needed for new media plan' 12 December 2011
Timaru Herald via Stuff 'Editorial: Social media minefield' 12 December 2011
TV3 'Key accepts law changes for online media' 12 December 2011
Public Address 'News media meets New Media: Privileges and accountabilities' 12 December 2011
Kiwiblog 'News media meets New Media' 12 December 2011
Stuff 'Tough laws for the cyber age requested' 12 December 2011
NZ Herald 'New media rules under proposals' 12 December 2011
NZ Newswire via Yahoo news 'New media tribunal, regulator floated' 12 December 2011
NZ Herald 'Twitter spoofs under spotlight' 7 December 2011
Stuff 'Report on taming 'wild west' bloggers awaited' 5 December 2011
TV3 'Online media laws could be changed' 1 December 2011
Dominion Post via Stuff 'Editorial: Keep media free of govt control' 17 October 2011
Review of Regulatory Gaps and the New Media
Published 20 Oct 2010How to define news media for the purposes of the law.Whether and to what extent the jurisdiction of the Broadcasting Standards Authority and/ or the Press Council should be extended to cover currently unregulated news media and, if so, what legislative changes would be required to achieve this end. Whether then existing criminal and civil remedies for wrongs such as defamation, harassment, breach of confidence and privacy are effective in the new media environment and if not whether alternative remedies may be available.
The News Media meets 'New Media': Rights, Responsibilities and Regulation in the Digital Age
Obtain a Hard Copy
Available online only.Published 12 Dec 2011
View online version or download below
Watch Video - Commissioner John Burrows discusses key aspects of the review with Senior Researcher and Policy Advisor, Cate Brett
The Law Commission is seeking New Zealander’s views on the standards and accountabilities which should apply to the news media and citizen publishers in the digital age. The Commission’s latest Issues Paper, The news media meets ‘new media’: rights, responsibilities and regulation in the digital age contains a number of preliminary proposals for amendments to speech laws and changes to the regulatory systems for news media.
The paper is divided into two parts: Part 1 deals with the first two legs of the Commission’s terms of reference which focus on the news media and how news media should be defined for legal purposes, and how they might be regulated in the era of convergence. Chapter 4 of the paper sets out the principles underpinning the Commission’s preliminary proposals with respect to the news media. Chapter 6 details preliminary proposal for a new independent news media regulator.
Part 2 of the paper deals with the larger legal framework which governs all speech / communication , irrespective of the medium or who is communicating. It looks at the type of problems which are emerging within the web environment, including issues like cyber-bullying, harassment and defamation in social media, and asks whether the law can be better adapted to this new publishing environment and whether the courts are the best forum for resolving these sorts of disputes between free speech and rights to privacy, reputation etc. Chapters 7 and 8 are the relevant chapters.
It is important to stress that this is a preliminary paper designed to garner wide public debate and feedback on the scope of the problem and best solutions. We welcome submissions and comments on the questions and proposals contained in the paper. These can be made online or by mail up until March 12 2012. The Commission will also be hosting online forums on the paper in February 2012.
The paper will be followed by a Final Report and recommendations to government in late 2012.
Press Releases
The News Media meets 'New Media': Rights, Responsibilities and Regulation in the Digital Age
Published 12 Dec 2011The Law Commission is seeking New Zealanders’ views on the role of the news media in society and the standards to which they should be held to account.
In its latest Issues Paper, The News Media Meets ‘New Media’: rights, responsibilities and regulation in the digital age, the Law Commission puts forward a number of preliminary proposals for reforming the regulatory environment in which the news media operate.
It also asks whether the legal rights and responsibilities which have traditionally applied to news media should be extended to some new media publishers, such as current affairs bloggers and web-only news sites.
Watch Video - Commissioner John Burrows discusses key aspects of the review with Senior Researcher and Policy Advisor, Cate Brett
An email will be sent to the address you list in this submission.