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  • The news media meets ‘new media’: rights, responsibilities and regulation in the digital age
  • General information
    • About the Law Commission
    • Foreword
    • Acknowledgments
  • Call for submissions
  • Summary and preliminary proposals
    • Our Terms of Reference
    • Part 1: Who are the “news media” and how should they be regulated?
    • Part 2: Speech harms: the adequacy of the current legal sanctions and remedies
  • Questions
  • Chapter 1 - The context of our review
    • The world wide web
    • Web 2.0 and the News Media
  • PART 1: Who are the “news media” and how should they be regulated?
  • Chapter 2 - Online media in New Zealand
    • Introduction
    • The 'news' publishing spectrum
    • Moderation & control online
    • Conclusion
  • Chapter 3 - The news media's special legal status
    • Introduction
  • Chapter 4 - What distinguishes the news media and why it matters
    • Introduction
    • The evolution and the role of the news media
    • Discussion
    • Preliminary Conclusions
    • Where to draw the line?
    • Applying the tests in the New Zealand context
    • Preliminary Conclusions
  • Chapter 5 - Regulating news media: strengths and weaknesses of the current approaches
    • Introduction
    • The problem
    • Strengths and weaknesses of the two models
    • Convergence: the elephant in the room
  • Chapter 6 - Regulation of the media – a new regulator
    • Introduction
    • Regulatory models
    • A new regulator?
    • The requirements of effective media regulation
    • The issue of jurisdiction
    • Should there be a statute?
    • Entertainment
  • PART 2: Speech harms: the adequacy of the current legal sanctions and remedies
  • Chapter 7 - Free speech abuses: quantifying the harms and assessing the remedies
    • Introduction
    • The harms
    • Legal redress
    • Limitations of the law
    • Non-legal remedies
    • Conclusion
  • Chapter 8 - Free speech abuses: options for reform
    • Introduction
    • Reforming the law
    • A lower level Tribunal?
    • A Commissioner

Download Publications:

  • LC-IP27-ALL.pdf (PDF, 2 MB)
  • LC-IP27-Summary.pdf (PDF, 1 MB)
  • LC-IP27.epub (EPUB, 612 KB)
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Chapter 5 - Regulating news media: strengths and weaknesses of the current approaches

Introduction

Having defined “news media” for the purposes of the law, and established the need for some form of public accountability for those exercising this type of speech, we now turn to the second question in our terms of reference: whether, and to what extent, the jurisdiction of the Broadcasting Standards Authority and/or the Press Council should be extended to cover these new publishers. As discussed in the introductory chapter, there is currently a lack of regulatory parity between traditional news media and unregulated web publishers on the one hand, and broadcasters and print publishers on the other.

In this chapter we examine this regulatory parity problem in more depth, and in particular the “regulatory gaps” which exist in the jurisdiction of these two bodies with respect to both new, and traditional, news media.

We begin by outlining the two regimes that currently regulate print news media and broadcast media, explaining the rationale for the two different regulatory approaches and assessing the strengths and weaknesses of each.

Finally we discuss the implications of convergence and the web 2.0 era for the future regulation of news media and consider the arguments for a single regulator.



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