Christopher Luxon, New Zealand Prime Minister 2023

To post in this sub-forum you must have made 100 posts or have Trust status or have completed our ID Verification

Forums › Politics › Christopher Luxon, New Zealand Prime Minister 2023

1 | ... | 263 | 264 | 265 | 266 | 267 | 268 | 269 | 270 | 271 | 272 | 273 | ... | 315

19650 posts

Uber Geek
+1 received by user: 8754

Lifetime subscriber

#3503105 15-Jun-2026 12:10

MikeAqua: As far as I can tell the BSA had its powers repealed in 2004 and is currently unable to enforce any of its decisions.

Evidence please. Incorrect.

The BSA most recently issued a decision directing 1ZB to apologise for demeaning gender commentary from two hosts which 1ZB then did, despite it's corporate disagreeing with the BSA.

sen8or

2038 posts

Uber Geek
+1 received by user: 1532

#3503107 15-Jun-2026 12:14

Are we going to get to a position similar to selling of motor vehicles - As individuals, we are all entitled to sell our own cars (or up to 6 per year) before we are considered in trade and subject the requirements of motor vehicle sales act. Where / how does society decide that someones own video on whatever platform crosses the line from personal opinion piece to broadcasting that needs to be regulated?

By number of followers / subscribers / views, volume of posts, whether or not they are earning income from posting content etc talk about a minefield.

gzt

19650 posts

Uber Geek
+1 received by user: 8754

Lifetime subscriber

#3503113 15-Jun-2026 12:33

sen8or: Where / how does society decide that someones own video on whatever platform crosses the line from personal opinion piece to broadcasting that needs to be regulated?

The BSA is looking at a relatively narrow definition. The Platform for example defines itself as a media organisation and broadcasts live news and current affairs commentary. It pays employee salaries. It solicits paid advertising. It has a corporate structure. Coincidentally, The Platform is broadcast live on Radio Aotearoa for a significant proportion of the day. It is a traditional broadcaster in nearly every sense.

MikeAqua

8745 posts

Uber Geek
+1 received by user: 4344

#3503135 15-Jun-2026 13:54

gzt:
MikeAqua: As far as I can tell the BSA had its powers repealed in 2004 and is currently unable to enforce any of its decisions.

Evidence please. Incorrect.

Actually, I was thinking of the ASA.

Mike

Handle9

12552 posts

Uber Geek
+1 received by user: 10369

Trusted

Lifetime subscriber

#3503253 15-Jun-2026 15:40

freitasm:

MikeAqua:

Further, we're in a world, where broadcasting is dying. Linear media is toast, IMO.

"Broadcasting" is not just linear TV. Putting your message out there is, essentially, broadcasting.

In the case of areas where the BSA has jurisdiction it’s linear TV and radio. It does not have the statutory authority to regulate internet programs. These did not exist in 1989 when the enabling legislation was established.

This gap was identified by the law society in 2013 and repeatedly by the BSA itself. It was up to parliament to modernise the law. It’s not up to the BSA to create their own interpretations of the law.

It’s extremely concerning to have a government department go on fishing expeditions to grant itself powers. It is absolutely inappropriate and not how a democratic system works.

The government, quite rightly, has no ability to instruct the BSA. It works at arms length to the minister of broadcasting. This means to change the way BSA is operating they must change the law. Clearly the laws should have been modernised well before now but the BSA blew itself up with its regulatory over reach.

freitasm

BDFL - Memuneh
81350 posts

Uber Geek
+1 received by user: 42715

Administrator

ID Verified

Trusted

Geekzone

Lifetime subscriber

#3503259 15-Jun-2026 16:25

Handle9:

freitasm:

MikeAqua:

Further, we're in a world, where broadcasting is dying. Linear media is toast, IMO.

"Broadcasting" is not just linear TV. Putting your message out there is, essentially, broadcasting.

In the case of areas where the BSA has jurisdiction it’s linear TV and radio. It does not have the statutory authority to regulate internet programs. These did not exist in 1989 when the enabling legislation was established.

This gap was identified by the law society in 2013 and repeatedly by the BSA itself. It was up to parliament to modernise the law. It’s not up to the BSA to create their own interpretations of the law.

I understand that. I suggest that it's easier to add those by bill change than to remove the whole framework and create a wild west of propaganda - I don't believe self-regulation would work with these peddlers of conspiracy theories.

Referral links: Quic Broadband (free setup code: R587125ERQ6VE) | Samsung | AliExpress | Wise | Sharesies

Support Geekzone by subscribing (browse ads-free), or making a one-off or recurring donation through PressPatron.

LEGAL video, movies and TV download and streaming options in New Zealand

AliExpress

Shop now on AliExpress (affiliate link).

Rikkitic

Awrrr
19324 posts

Uber Geek
+1 received by user: 16744

Lifetime subscriber

#3503260 15-Jun-2026 16:27

MikeAqua:

Further, we're in a world, where broadcasting is dying. Linear media is toast, IMO.

That gets bandied about a lot and I think it is worth asking if it is even true. Linear media broadcasting is certainly changing, but what does that really mean? Lots of people like to have the radio on in the background, listening to whatever is being doled up, sometimes focusing on something that catches their interest. Maybe they use Internet radio, or satellite, or even just YouTube. Is this form of broadcasting dying?

When I want something that keeps my eyes busy, I put on a public service broadcaster like ABC or SBS or BBC. I used to watch a lot of PBS but I got tired of all the begging letters and endless credits to generous donors. America is a weird place.

For silly copyright reasons most of the world is not supposed to be able to look at the greener grass on the other side of the fence, but fortunately some noble souls make a point of cutting holes in that for the rest of us. Colour me a happy sheep.

I think commercial linear media broadcasting is probably dying. I certainly hope so. I won't miss all the sexually frustrated reality crap and non-stop Trivago ads at all. But quality public interest broadcasting feels a lot to me like the early days of broadcasting, before money took over. I hope that is not dying. It adds meaning and understanding and genuine entertainment (as opposed to mental fast food) to my life as an old person. I would hate to see it die.

Plesse igmore amd axxept applogies in adbance fir anu typos

gzt

19650 posts

Uber Geek
+1 received by user: 8754

Lifetime subscriber

#3503320 15-Jun-2026 17:30

The Platform as a live broadcaster carried by Radio Aotearoa unambiguously fits the definition in the Broadcasting Act:

Broadcasting Act 1986: broadcasting means 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 does not include any such transmission of programmes—
(a)made on the demand of a particular person for reception only by that person; or
(b)made solely for performance or display in a public place

It is not clear to me that it really was a case of regulatory overreach. Attempting to require a standard from a marginal broadcaster that happens to be a supporter of the current government's agenda was bad timing certainly. On the other hand, the decision to abolish an entire agency - that is 100% overreach - in very trumpy style.

freitasm

BDFL - Memuneh
81350 posts

Uber Geek
+1 received by user: 42715

Administrator

ID Verified

Trusted

Geekzone

Lifetime subscriber

#3503322 15-Jun-2026 17:37

So much this ^^^^

Referral links: Quic Broadband (free setup code: R587125ERQ6VE) | Samsung | AliExpress | Wise | Sharesies

Support Geekzone by subscribing (browse ads-free), or making a one-off or recurring donation through PressPatron.

LEGAL video, movies and TV download and streaming options in New Zealand

Handle9

12552 posts

Uber Geek
+1 received by user: 10369

Trusted

Lifetime subscriber

#3503323 15-Jun-2026 17:42

gzt: The Platform as a live broadcaster carried by Radio Aotearoa unambiguously fits the definition in the Broadcasting Act:

Broadcasting Act 1986: broadcasting means 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 does not include any such transmission of programmes—
(a)made on the demand of a particular person for reception only by that person; or
(b)made solely for performance or display in a public place

It is not clear to me that it really was a case of regulatory overreach. Attempting to impose the standard on a marginal broadcaster that happens to be a supporter of the current government's agenda was bad timing certainly. On the other hand, the decision to abolish an entire agency - that is 100% overreach - in very trumpy style.

The law society, and a number of published opinions disagree with you. The BSA itself has stated repeatedly that its legislation is not fit for purpose.

https://www.lawcom.govt.nz/assets/Publications/IssuesPapers/NZLC-IP27.pdf

This law news opinion piece gives a succinct summary of why this was a very stupid thing that the BSA has done. In summary it’s argued for 15 years that the legislation wasn’t adequate, stopped its internal policy work in 2019 on the topic due to ambiguity, never collected levies from online platforms and then made a unilateral decision without feedback.

https://lawnews.nz/administrative-public/the-demise-of-the-broadcasting-standards-authority-and-what-comes-next/

gzt

19650 posts

Uber Geek
+1 received by user: 8754

Lifetime subscriber

#3503340 15-Jun-2026 18:12

The Law Comission article linked does not review the BSA decision under discussion.

The Law News opinion piece linked fails to note that The Platform is carried live by Radio Aotearoa.

Quic Broadband

Move to New Zealand's best fibre broadband service (affiliate link). Free setup code: R587125ERQ6VE. Note that to use Quic Broadband you must be comfortable with configuring your own router.

Handle9

12552 posts

Uber Geek
+1 received by user: 10369

Trusted

Lifetime subscriber

#3503344 15-Jun-2026 18:24

gzt: The Law Comission article linked does not review the BSA decision under discussion.

The Law News opinion piece linked fails to note that The Platform is carried live by Radio Aotearoa.

You are grasping at straws here. The law commission report describes the regulatory gap that exists in New Zealand.

Radio Aotearoa cobroadcast forms no part of the BSA decision therefore is utterly irrelevant to the regulatory overreach. There is no need for the law news opinion piece to reference it, it’s totally irrelevant.

FWIW I’m generally going to find the opinion of a retired district court judge who is a member of the law association public and administrative law committee a bit more credible than a couple of bush lawyers, myself included.

Handle9

12552 posts

Uber Geek
+1 received by user: 10369

Trusted

Lifetime subscriber

#3503349 15-Jun-2026 18:40

This law news opinion piece better describes why the law society was concerned by this case. The actual decision is a sideshow but a regulator unilaterally deciding to extend its powers is genuinely chilling.
https://lawnews.nz/administrative-public/staying-within-the-lines-over-reach-from-the-broadcasting-standards-authority-and-how-it-can-be-fixed/

If this type of behaviour was allowed for an attack on gay rights or tikanaga maori rather than Sean Plunkett I imagine the reaction may be different.

There should be an updated regulatory framework that covers internet programming. That doesn’t mean a regulator can decide what that is and make it up based on vibes. It has to be done by legislative change.

gzt

19650 posts

Uber Geek
+1 received by user: 8754

Lifetime subscriber

#3503351 15-Jun-2026 18:49

Handle9: Radio Aotearoa cobroadcast forms no part of the BSA decision therefore is utterly irrelevant to the regulatory overreach. There is no need for the law news opinion piece to reference it, it’s totally irrelevant.

The BSA decision does in fact note the Radio Aotearoa simulcast several times:

https://www.bsa.govt.nz/decisions/all-decisions/wk-and-the-platform-media-nz-ltd-and-nz-media-holdings-2023-ltd-id2025-063-31-march-2026/

On that basis the simulcast is not entirely irrelevant to the decision. To quote the text specifically: "The Platform is a broadcaster for its content broadcast on Radio Aotearoa".

As a side note: The decision also notes that The Platform went on to provide the full name of the complainant on-air. That action led to threats and abuse against the complainant originating from elements of The Platform's audience.

Handle9

12552 posts

Uber Geek
+1 received by user: 10369

Trusted

Lifetime subscriber

#3503352 15-Jun-2026 19:11

The jurisdictional view which you referenced, rather than the actual decision from the BSA:

a) Radio Aotearoa content: WK noted relevant content produced by The Platform was also broadcast on Radio Aotearoa (a traditional radio station), suggesting this meant The Platform is a broadcaster. However, the complaint made and referred to us was not about a Radio Aotearoa broadcast, it was about The Platform’s online content. While the Code of Broadcasting Standards in New Zealand indicates we are able to accept complaints about content viewed or listened to on non-broadcast media, this is ‘ONLY if you can supply details of the same material broadcast on TV or radio and lodge your complaint within 20 working days of that broadcast’.43 As no details of any relevant Radio Aotearoa broadcast were provided, this complaint must be addressed in respect of content on The Platform rather than on Radio Aotearoa.

Radio Aotearoa in this decision is irrelevant

1 | ... | 263 | 264 | 265 | 266 | 267 | 268 | 269 | 270 | 271 | 272 | 273 | ... | 315