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BSA Urges New Zealand Government to Update Broadcasting Laws

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  Published in Media and Entertainment on Tuesday, January 27th 2026 at 11:39 GMT by The New Zealand Herald
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Wellington, New Zealand - Tuesday, January 27th, 2026 - The Broadcasting Standards Authority (BSA) is urging the New Zealand government to enact significant changes to broadcasting legislation to address the challenges posed by the rapidly evolving digital media landscape. In a recent submission to the select committee reviewing the Broadcasting Act 1992, the BSA highlighted its struggles to effectively regulate online platforms and user-generated content, alongside concerns regarding a potential decline in funding.

The core issue, as articulated by BSA chair Selwyn Metcalfe, lies in the Act's outdated nature. "The current act was written a long time ago, and it wasn't designed to deal with a world where everyone can be a broadcaster," he stated. This observation underscores a fundamental shift in how content is created, distributed, and consumed. The rise of social media, streaming services, and independent content creators has blurred the lines of traditional broadcasting, creating a complex environment where the BSA's existing powers are insufficient.

Currently, the BSA's authority is largely limited to regulating traditional broadcasting services. The problem is the vast amount of content now originating and disseminated online falls outside this jurisdiction. This includes a significant volume of user-generated content, often hosted on platforms both within and outside of New Zealand. The BSA's submission points to the pressing need for clarification regarding its ability to address content created and shared online, particularly when that content originates or is hosted overseas.

A Funding Model in Transition

The BSA's challenges extend beyond regulatory power. The traditional funding model, reliant on levies from broadcasters, is also under threat. As audiences increasingly shift their consumption habits towards online streaming platforms - many of which operate outside New Zealand's regulatory framework - the pool of broadcasters contributing to the BSA's funding is shrinking. This projected decline in levy revenue poses a significant risk to the BSA's ability to maintain its operations and fulfill its mandate.

To address this, the BSA proposes a radical shift in its funding model. Rather than relying solely on levies from traditional broadcasters, the Authority advocates for a broader levy applied to all media content, regardless of its distribution method. This proposal acknowledges the increasingly intertwined nature of traditional and online media and aims to create a more sustainable and equitable funding base for the BSA.

Addressing Online Harm and Maori Content

The select committee's review of the Broadcasting Act was initiated by the government to consider strengthening public broadcasting, addressing online harm, and ensuring a sustainable funding model for both the BSA and NZ On Air. The BSA's submission directly addresses these concerns. The Authority warns of a potential "race to the bottom" in broadcasting standards if online content remains largely unregulated. Without expanded powers, there is a risk that audiences could be exposed to content deemed harmful or offensive, eroding the overall quality and integrity of the media landscape.

Furthermore, the BSA's submission highlights the ongoing importance of addressing the recommendations stemming from the Royal Commission on Waitangi Claims. This includes a renewed focus on ensuring adequate representation and promotion of Maori content, reflecting New Zealand's unique cultural heritage and promoting diversity within the media.

Looking Ahead

The BSA's call for legislative change represents a critical juncture in New Zealand's approach to media regulation. The challenges presented by the digital age demand a flexible and adaptable regulatory framework. The select committee's consideration of the BSA's submission, and the government's subsequent actions, will be crucial in shaping the future of broadcasting standards in New Zealand and ensuring the responsible and ethical development of the nation's media landscape. The debate now centers on how to balance freedom of expression with the need to protect audiences from harm and ensure a vibrant and culturally diverse media ecosystem.