Christopher Luxon, New Zealand Prime Minister 2023

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#3503516 16-Jun-2026 12:55

MikeAqua:

freitasm:

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

I referred to Linear media, not just Telly. The relevant definition from the Broadcasting Act 1989 is below.

You know (or should have inferred) I was referring to media in general, as this is the sub-topic. I should have been clearer in my intention.

MikeAqua:

As far as I can tell it includes traditional TV and Radio, including subscription services, and anything that is streamed in a linear fashion. So, for example, I think the Samsung+ channel that streams Stargate constantly would be included. But Netflix, where I choose what programming to watch, is excluded.

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

[Emphasis added]

In which case, The Platform should be included, as it's clear there's a live performance, not necessarily on-demand for a particular person:

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#3503530 16-Jun-2026 13:49

Rikkitic:

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?

Well, looking at broadcast TV/Radio in NZ, I would say it's being thoroughly enshitified. Lots of advertising, and a lot of low-budget content like reality TV. TV3 sold for $1. The govt was able to buy, via the Public interest Journalism Fund, a particular editorial disposition.

We do have some domestic programming production in NZ but only due to govt funding and I suspect a big chunk of that is being consumed via streaming services too.

Internationally, the production money is going into streaming services and films.

Earlier this year, wifey and I looked at a dozen new build houses. None of them had coax wiring outside of the TV room and half of them didn't have it there, either.

My kids and nieces/nephews don't watch broadcast TV at all. None of them own radios - except in their cars, and even then, they listed to podcasts or spotify or whatever.

Mike

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#3503672 17-Jun-2026 09:26

freitasm:

In which case, The Platform should be included, as it's clear there's a live performance, not necessarily on-demand for a particular person:

According to the BSA themselves, if something is online as well as broadcast on TV or Radio, within the last 120 days. So ... if The Platform is also broadcast on radio, it's covered by the BSA's interpretation of the leg. The question would then be, whether that definition is valid.

Mike

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#3503681 17-Jun-2026 09:41

Although I am clearly not a lawyer I would have argued that the plain language of the statute quoted above clearly captures anything like The Platform whether they simulcast on traditional radio or not. However, if the lawyers and parliament feel that actually that definition is not suitable, the answer is to amend the law, not disband the BSA. It seems self-evident that this move will empower The Platform and any other "news" organisation to go completely off the farm.

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#3503711 17-Jun-2026 10:51

SaltyNZ:

Although I am clearly not a lawyer I would have argued that the plain language of the statute quoted above clearly captures anything like The Platform whether they simulcast on traditional radio or not. However, if the lawyers and parliament feel that actually that definition is not suitable, the answer is to amend the law, not disband the BSA. It seems self-evident that this move will empower The Platform and any other "news" organisation to go completely off the farm.

Of course the move was done because of culture wars. Because otherwise the BSA would be censoring "~~my side's propaganda~~ alternative facts"

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#3503784 17-Jun-2026 15:29

National's continuing election campaign tries to get votes back from the ACT party:

NZHerald: Simeon Brown removes Medical Council leaders over ‘ideological agenda': Brown pointed to the council’s recent consultation on draft statements covering cultural competence, cultural safety and Māori health and wellbeing

The Medical Council would like everyone to be healthy. Apparently that is inconsistent with the government's health policy.

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#3503787 17-Jun-2026 15:43

2026 Winston Peters:

Speaking to reporters after a select committee appearance on Wednesday, Peters said those responsible needed to be held to account.

"Of course you'd lose your job. They need to be put in prison as well. It's a conspiracy against the people, for goodness' sake."

2008 Winston Peters:

Side Eye Side Eye Monkey GIF - Side eye Side eye monkey Awkward ...

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#3503795 17-Jun-2026 16:02

SaltyNZ:

Although I am clearly not a lawyer I would have argued that the plain language of the statute quoted above clearly captures anything like The Platform whether they simulcast on traditional radio or not. However, if the lawyers and parliament feel that actually that definition is not suitable, the answer is to amend the law, not disband the BSA. It seems self-evident that this move will empower The Platform and any other "news" organisation to go completely off the farm.

The BSA's own website list that the program just has to have been previously broadcast. So if I watch Q&A on YouTube, that Q&A piece is captured. As the original TV programme already was

I don't think there is any doubt that The Platform is a program. One could argue that simulcast (being simultaneous) isn't a previous broadcast and doesn't fall within the BSA's self-defined scope. Again, based on the BSA's website, being open streamed, doesn't on its own qualify a programme for their jurisdiction.

The leg generally excludes, from the definition of broadcasting, transmission made on demand to particular person. To me, that would exclude from the definition of broadcasting, streaming that you have to choose to view into. So, Netflix would definitely be out and fixed streams where there is no choice, would be debatable.

The advice to the BSA interprets that exception to the definition of broadcasting to apply only to media sent via email. That seems bizarre to me, as emails aren't on demand. You don't really get a choice about receiving them. You have a choice about opening media attached, but then you also have choice about going to a website and opening a stream of The Platform. The advice seems illogical to me.

The Radiocommunications Act 1989, which regulate radio spectrums, defines Broadcast by cross referencing the Broadcasting Standards Act 1989. To me that is very clear demonstration of what parliament meant by Broadcast.

I don't watch The Platform. I think Sean Plunket's content jumped the shark some time ago. I don't know what he said to invoke the BSA's ire. It seems to me, that when Plunket questioned their jurisdiction, the BSA got some quite unbalanced advice on their scope, so they could continue with their action.

That was a poor choice and the beginning of the end for the BSA - given who is in power. Looks like The Platform, for better or worse, will outlast the BSA.

Mike

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#3503817 17-Jun-2026 17:18

MikeAqua:

SaltyNZ:

Although I am clearly not a lawyer I would have argued that the plain language of the statute quoted above clearly captures anything like The Platform whether they simulcast on traditional radio or not. However, if the lawyers and parliament feel that actually that definition is not suitable, the answer is to amend the law, not disband the BSA. It seems self-evident that this move will empower The Platform and any other "news" organisation to go completely off the farm.

The BSA's own website list that the program just has to have been previously broadcast. So if I watch Q&A on YouTube, that Q&A piece is captured. As the original TV programme already was

I don't think there is any doubt that The Platform is a program. One could argue that simulcast (being simultaneous) isn't a previous broadcast and doesn't fall within the BSA's self-defined scope. Again, based on the BSA's website, being open streamed, doesn't on its own qualify a programme for their jurisdiction.

The leg generally excludes, from the definition of broadcasting, transmission made on demand to particular person. To me, that would exclude from the definition of broadcasting, streaming that you have to choose to view into. So, Netflix would definitely be out and fixed streams where there is no choice, would be debatable.

The Platform has live streaming on its website. I am of the view that this is broadcasting, like any linear TV or radio show would be. In all these cases, the transmission is made available to anyone, and it's not on demand as it is a live transmission - so you watch it at that time or your miss it, unless you watch a recording later.

This is in contrast to Netflix, which is on demand because there's no set time and is only available when the person takes action to select it at their time of convenience.

The argument about being "previously" broadcast misses the point: the first time a show appears on TV or radio, it hasn't been previously broadcast either, so first-time appearances wouldn't be regulated?

My view is that the whole BSA imbroglio is a bullshit battle in a larger culture war. The side of propaganda and conspiracy theories is being a snowflake when caught in the act of being a dick. The person in power who is leaning more and more towards Trump's ideology of stupidity thinks that supporting this view will get them votes with the self-appointed "oppressed".

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#3503823 17-Jun-2026 17:51

SaltyNZ:

It seems self-evident that this move will empower The Platform and any other "news" organisation to go completely off the farm.

I can't see how this will make any difference at all to the Platform. Plunkett will continue to be the same race baiting contrarian knob head he's always been. He hasn't been regulated by the BSA since he started the Platform and he will continue not to be so.

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#3503825 17-Jun-2026 17:56

SaltyNZ:

2026 Winston Peters:

Speaking to reporters after a select committee appearance on Wednesday, Peters said those responsible needed to be held to account.

"Of course you'd lose your job. They need to be put in prison as well. It's a conspiracy against the people, for goodness' sake."

There appears to be a real problem here. Andrew Little was also quoted yesterday that Immigration was very hard for him to deal with as the minister. Stanford has accused the ministry of what amounts to fraudulent behavior in hiding things from the minister. While Winston is likely just doing his normal bluster and BS routine if that is the case it could well result in prosecution.

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#3503833 17-Jun-2026 19:21

Handle9:

SaltyNZ:

2026 Winston Peters:

Speaking to reporters after a select committee appearance on Wednesday, Peters said those responsible needed to be held to account.

"Of course you'd lose your job. They need to be put in prison as well. It's a conspiracy against the people, for goodness' sake."

There appears to be a real problem here. Andrew Little was also quoted yesterday that Immigration was very hard for him to deal with as the minister. Stanford has accused the ministry of what amounts to fraudulent behavior in hiding things from the minister. While Winston is likely just doing his normal bluster and BS routine if that is the case it could well result in prosecution.

Oh, I completely agree. It's just that if "withholding information from Ministers/Parliament" is "straight to jail" then Winston should already be there as he was found to have done literally exactly that in regards to the Owen Glenn donations.

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#3503905 18-Jun-2026 10:16

https://www.rnz.co.nz/news/in-depth/598542/maps-reveal-where-conservation-land-could-be-sold-off-after-government-reforms

Thats National, the price of everything, the value of nothing.

“The modern conservative is engaged in one of man's oldest exercises in moral philosophy; that is, the search for a superior moral justification for selfishness.” -John Kenneth Galbraith

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#3503920 18-Jun-2026 10:50

rb99
No problem for National, it 'not' like land is a fixed resource and they are 'not' making any more. :-)
Maybe Ivanka Trump wants to bulldoze some more nature reserves for a bunker.
https://www.rnz.co.nz/news/world/597479/ivanka-trump-plans-a-luxury-resort-on-a-protected-beach-but-locals-and-conservationists-aren-t-thrilled

Fortunately for mining they have cracked the problem of toxic tailings management.
Pass it onto next generation, just wind up the mining company and move on.
Its only unimportant rural towns and productive land in firing line and they can just move somewhere else.
Land not being a fixed resource. :-)
(You can be more responsible, but deregulation and freedum is too tempting)

NZF
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ACT regulations and Government regulatory bodies, lets be like with Pike River, let courts sort it out after the fact.
That worked out well for all the important people.
If you can't afford the Queens Council and legal team, legal recompense lacking anyway well that's your fault.

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#3503922 18-Jun-2026 11:05

freitasm:

The Platform has live streaming on its website. I am of the view that this is broadcasting, like any linear TV or radio show would be. In all these cases, the transmission is made available to anyone, and it's not on demand as it is a live transmission - so you watch it at that time or your miss it, unless you watch a recording later.

This is in contrast to Netflix, which is on demand because there's no set time and is only available when the person takes action to select it at their time of convenience.

The argument about being "previously" broadcast misses the point: the first time a show appears on TV or radio, it hasn't been previously broadcast either, so first-time appearances wouldn't be regulated?

My view is that the whole BSA imbroglio is a bullshit battle in a larger culture war. The side of propaganda and conspiracy theories is being a snowflake when caught in the act of being a dick. The person in power who is leaning more and more towards Trump's ideology of stupidity thinks that supporting this view will get them votes with the self-appointed "oppressed".

I agree there is distinction between something that is streamed live, and something that is streamed on demand. However, there is still the element of choice ... go to that website, click on the stream.

The 'previously' distinction is not mine. It's from the BSA's website and only applied to online content.

Personally, I don't think the reference to telecommunications in the definition of broadcasting in the Broadcasting Standards Act, was intended to capture the internet. I don't think it was intended to exclude the internet either. You have to look at what technology was prevalent internationally at the time. The internet wasn't generally available to the public in 1989. Cable TV and on VOD in hotels were. I think govt at the time intended to include cable, but not VOD.

I agree the BSA is a casualty of larger culture war. We seem to have a stand off, between people who think no-one should ever be offended and those who think free-speech overrides people's (generally non-legislated) right not be offended. We have laws that prohibit various types of genuinely harmful speech and some that aren't really that harmful. I don't believe we need organisations like the BSA or ASA to further censor speech.

As to the specifics of what Plunket said: You think he was a dick, I think he shouldn't have said it and I'm sure many people agree with him. That's OK. It's what happens in a democracy. People are allowed different views and people are allowed to express their views.

Ultimately, any culture is a collection of ideas, and any idea should be able to be criticised. Such criticism should be more intellectual than "mumbo-jumbo". Pejorative language is unnecessary and it doesn't take us forward. That doesn't mean it should be illegal. Go down that path and watch the range of censored speech widen and widen. The thing about regulators, is they love to expand the scope of their regulation.

Plunket didn't help himself by responding to the BSA's communications to him with "Plonker". I suspect that attitude is the real reason they decided to go make an example of him. And I'm convinced they did decide to make an example of him. That's not conspiracy theory ... there is no secret involved. They went to a lot of trouble to convince themselves The Platform was in scope. If you read the advice they commissioned ... it's full of logical contortions.

Play stupid games, win stupid prizes etc. For better or worse, the BSA is done. I do agree with the people who say it could have had its scope clarified, rather than disbanding it. No votes in that though!

Whenever labour are next in power, they'll likely reestablish it.

Mike

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