Read The Times Australia

Daily Bulletin

‘Soviet-era Stasi’ or defender of media freedoms? The battle for the Broadcasting Standards Authority

  • Written by: Peter Thompson, Associate Professor in Media and Communication, Te Herenga Waka — Victoria University of Wellington
‘Soviet-era Stasi’ or defender of media freedoms? The battle for the Broadcasting Standards Authority

The decision by the Broadcasting Standards Authority (BSA) to formally consider a complaint about something Sean Plunket said on The Platform has now spun well beyond the complaint itself.

At the centre of the controversy is not so much the question of whether it was racist for Plunket to refer to Māori tikanga as “mumbo jumbo”, but whether the Broadcasting Act affords the authority jurisdiction over online content providers like The Platform.

Plunket insisted he would not be “censored” by “corrupt or incompetent […] Orwellian bureaucrats”, and rejected the claim that The Platform could be considered a broadcaster under the act.

Various sympathisers offered their support. NZ First leader Winston Peters accused the BSA of acting “like some Soviet-era Stasi”. Kiwiblog’s David Farrer accused the BSA of a “secret power-grab” and called for its abolition.

And ACT MP Todd Stephenson called it “a textbook example of a public agency trying to rewrite its own job description […] dismissing freedom of choice, and disregarding the boundaries of its democratic mandate”.

The criticism hinged on how the 1989 Broadcasting Act defines broadcasting. Now outdated, this is what makes the BSA’s manoeuvre unprecedented and therefore so contentious.

The act defines broadcasting as “any transmission of programmes, whether or not encrypted, by radio waves or other means of telecommunication for reception by the public by means of broadcasting receiving apparatus”. But it excludes on-demand services and public performances.

Thus far, this has limited the BSA’s jurisdiction to radio, free-to-air TV, pay-TV, and online content that has also been broadcast (including some material on Sky’s Neon).

The Platform’s provision of live online audio streaming (plus video for subscribers), much in the style of a radio broadcast, seems to be the pretext under which the BSA considers it potentially within its jurisdiction.

The Platform as test case

Efforts to overhaul the legislation go back two decades. But successive governments have failed to implement more than incremental amendments.

The BSA itself undertook a consultation with broadcasters in 2019 to explore how to respond to online content, then published its response in 2020.

More recently, the Ministry for Culture and Heritage consulted on a range of media reforms, including a proposal for modernising professional media regulation. In theory, this could extend the BSA’s oversight to some online media. As the BSA has explained:

Our published policy since 2020 has been that, if we receive a relevant complaint and there’s no other applicable standards body or regulator, and if the complaint raises issues of public interest or a risk of harm, we may accept the complaint and engage with the parties using our established processes.

Rightly or wrongly, the BSA’s “draft interlocutory decision”, issued to The Platform for comment, follows from this policy.

So, has the BSA decided to unilaterally rewrite the Broadcasting Act? Or is it trying to fulfil its legitimate remit by interpreting the purpose of the act in the modern digital context?

By advancing its claim to hear the complaint about The Platform, the BSA may be seeking to set a legal precedent that will establish its jurisdiction over broadcasting-like online services.

Or, if it is denied that, it might still increase pressure on the government to expedite its proposed revisions of the act.

The Platform’s displeasure at becoming a test case is perhaps understandable. But calling for the abolition of the BSA is surely misconstruing what is really at stake.

Holding media power accountable

The BSA is not a censor. In fact, suppressing or deleting illegal material falls under the purview of the Classification Office. The broadcasting standards regime is actually intended to uphold freedom of expression within a framework of standards to minimise harms.

As the BSA confirms, only 7% of complaints over the past three years were upheld, and very few have merited a fine or other sanction (the maximum fine is NZ$5,000, not $100,000 as Plunket has suggested).

Consider the standards covered in the Broadcasting Code: offensive and disturbing content, children’s interests, promotion of illegal or antisocial behaviour, discrimination and degradation, balance, accuracy, privacy and fairness.

Far from being the tools of a Stalinesque state, these are the principles upon which a functional media system in a democracy is premised. In fact, the BSA standards are developed and reviewed in consultation with industry and the public.

The specific codes evolve over time in response to changing audience attitudes (for example, tolerance for strong language), media practices and technologies.

The BSA standards are therefore not randomly imposed by an “Orwellian” bureaucracy. They reflect professional industry practices, community values and the public interest.

Regulatory measures that uphold fundamental standards such as balance, accuracy and fairness do not undermine democracy and freedom of expression, but underpin it. One might disagree with the BSA’s decisions, but such standards should not be discarded lightly.

Those who decry any and all media regulation as an affront to personal liberty and free speech need to consider the alternative – a commercial free-for-all in which the powerful interests which control media platforms can employ them to disseminate propaganda, disinformation or hate speech with impunity.

The BSA may not be perfect, but the principle that media operators should be held accountable – not to government, but to the public interest – is sound.

Authors: Peter Thompson, Associate Professor in Media and Communication, Te Herenga Waka — Victoria University of Wellington

Read more https://theconversation.com/soviet-era-stasi-or-defender-of-media-freedoms-the-battle-for-the-broadcasting-standards-authority-267732

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How NDIS Providers Can Free Up Space and Run a Tighter Operation

Walk into the office of almost any growing NDIS provider and you will probably find a corner that ha...

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...