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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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General information

 

Foreword

The internet is often referred to as a “disruptive technology”. In the past, the term disruptive carried a negative connotation. Not today. Thanks to the internet and the read/write culture of the web, every citizen with an internet connection now has unprecedented access to information and, for the first time in human history, the ability to publish and exchange data with a potentially global audience.

This networked world is transforming nearly every facet of life. It presents major challenges – and opportunities – to the way governments, the judiciary, and businesses function.

This Issues Paper deals with a vital aspect of this process of transformation: the news media and whether, and how, it should be regulated in this digital world where anyone can break news and comment on public affairs.

The paper also addresses the broader issue of citizens exercising their free speech rights in the digital era, asking whether the laws which are designed to protect against speech abuses are fit for purpose.

We hope this paper, and the preliminary proposals it makes for reform, will be widely debated in New Zealand – in both traditional and new media fora. The issues it grapples with are vital to the health of our democracy. We look forward to hearing what the public thinks of our proposals.

 

Signature of Justice Grant Hammond

Hon Sir Grant Hammond KNZM
President of the Law Commission



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