Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Bill

Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT The Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Bill (the Bill ) is an omnibus Bill introduced in accordance with Standing Order 267(1)(a). The single broad policy implemented by the amendments in this Bill is the disestablishment of the Broadcasting Standards Authority (the BSA ) to level the playing field between broadcasters and other media providers and leave the media industry to regulate itself. The Bill also makes a range of consequential amendments to other Acts that are consistent with this single broad policy. The statutory regime for broadcast standards and complaints has become increasingly outdated as audiences move to online and on-demand media. This leads to inconsistent and unfair impacts on media providers, with similar content subject to different requirements depending on how it is consumed. Those issues will only become more pronounced as technology and audience preferences continue to evolve. This Bill repeals Parts 1 to 3 of the Broadcasting Act 1989, disestablishing the BSA and the broadcast standards regime it administers. This will place the responsibility for complaints and standards on the industry to develop and regulate itself, including through self-regulatory bodies like the New Zealand Media Council. The Bill will also remove the broadcasting levy that partly funds the BSA’s operations, which will reduce compliance costs for broadcasters. As requirements to classify and label broadcast content will be repealed, the Bill makes consequential changes to support audiences to continue making informed decisions about the content they and their families watch. The Bill will allow television broadcasters’ on-demand video platforms (such as TVNZ+, ThreeNow, and Māori+) to be included within the classification and labelling framework for commercial on-demand video platforms under the Films, Videos, and Publications Classification Act 1993 (the Classification Act ). Broadcasters, once included in the framework, will be able to use an approved self-rating system to issue ratings and labels for their on-demand and broadcast content to ensure common audience information across a range of content delivery formats. Broadcasters included in the framework will be required to pay the applicable levy to the Classification Office. The Bill also makes a range of other consequential amendments necessary to accommodate and give effect to the policy described above. Those amendments include the following: including broadcasting activities among the strict liability offences under the Classification Act, to maintain the prohibition on broadcasting content that has been classified as objectionable under that Act: maintaining and future-proofing legislative privileges and exemptions for media organisations that are subject to the oversight of a recognised self-regulatory body, such as the New Zealand Media Council, under the Criminal Procedure Act 2011 and the Privacy Act 2020, to ensure that news media can continue to perform their critical function in a free and democratic society: removing references to the BSA and elements of the broadcasting standards regime from other legislation. The Bill will come into force on the earlier of a date set by Order in Council or 1 September 2027. This ensures that the Bill comes into force at the same time as regulations that are empowered by amendments within the Bill and required to ensure the Bill’s policy is properly implemented. Transitional arrangements set out in the Bill will provide time following commencement for the BSA to resolve outstanding complaints and complete wind-down processes, and for broadcasters to adapt their classification and labelling systems before their on-demand platforms become subject to requirements under the Classification Act. REGULATORY IMPACT STATEMENT The Ministry for Culture and Heritage produced a regulatory impact statement on 18 June 2026 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. Copies of the regulatory impact statement can be found at— https://www.mch.govt.nz/publications/broadcasting-standards-authority-disestablishment https://www.regulation.govt.nz/publications-and-resources/regulatory-analysis-summaries/ CONSISTENCY WITH PRINCIPLES OF RESPONSIBLE REGULATION The Ministry for Culture and Heritage provided the following documents relating to its review of this Bill, and its process for developing it, for consistency with the principles of responsible regulation under the Regulatory Standards Act 2025: a consistency accountability statement on 28 August 2026: a summary of underpinning analysis on 2 September 2026. Copies of these documents can be found at— https://www.mch.govt.nz/publications/broadcasting-standards-authority-disestablishment The Minister for Media and Communications prepared a statement on 2 September 2026 that briefly explains the Government’s reasons for any inconsistency with the principles of responsible regulation that is identified in the consistency accountability statement. A copy of the document can be found at— https://www.mch.govt.nz/publications/broadcasting-standards-authority-disestablishment CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 provides that the Bill comes into force on the earlier of 1 September 2027 or a date set by Order in Council. AMENDMENTS TO BROADCASTING ACT 1989 Clause 3 provides that Part 1 amends the Broadcasting Act 1989 (the principal Act ). Clause 4 amends the Long Title of the principal Act to remove references associated with Parts 1 to 3 of the principal Act (which are repealed by this Bill). Clause 5 amends section 2 of the principal Act to repeal or replace definitions used exclusively in Parts 1 to 3 of the principal Act (which are repealed by this Bill). Clause 6 inserts new section 2A into the principal Act to provide for transitional, savings, and related provisions for that Act ( see clause 11 , which inserts the related new Schedule 1AA into the principal Act). Clause 7 repeals Parts 1 to 3 of the principal Act, which relate to programme standards for broadcasters, complaints about programmes, and the Broadcasting Standards Authority (the BSA ). Clauses 8 to 10 repeal sections 40, 53F, and 73 of the principal Act, which relate to programme standards in section 4 of the principal Act (which is also repealed by this Bill). Clause 11 inserts new Schedule 1AA into the principal Act, which provides transitional provisions in relation to this Bill. Those provisions disestablish the BSA and provide that the BSA must continue performing some of its functions for a period of 3 months after the commencement date (the transitional period ). In particular,— privacy complaints in relation to programmes broadcast before the Bill’s commencement may continue to be made and the BSA must assess those complaints during the transitional period; and the BSA must decide on any outstanding complaints that were made to it before the Bill’s commencement; and when the BSA is disestablished at the end of the transitional period, all remaining employment positions at the BSA are terminated and the BSA’s residual assets and other matters are transferred to the Ministry for Culture and Heritage. Clause 12 amends Schedule 1 of the principal Act to remove references to the BSA. AMENDMENTS TO OTHER LEGISLATION AMENDMENTS TO CRIMINAL PROCEDURE ACT 2011 Subpart 1 of Part 2 amends the Criminal Procedure Act 2011 (the principal Act ). Those amendments relate to the exemption of members of the media from rules relating to court attendance and their standing to initiate, and be heard in, applications in relation to suppression orders. The amendments are required to reflect the disestablishment of the BSA under the Broadcasting Act 1989. Clause 14 amends section 5 of the principal Act to insert a definition of member of the media that applies throughout the principal Act. The definition replaces its equivalent in section 198(2) of the principal Act, which is repealed by clause 16 . The definition no longer refers to persons subject to the oversight of the BSA or the New Zealand Press Council, but instead leaves it to regulations to determine what those regulatory bodies are. Clauses 15 to 20 amend a range of provisions of the principal Act as a consequence of the amendments made by clause 14 . Clause 21 amends section 387 of the principal Act to enable regulations to be made to specify regulatory bodies for the purposes of the definition of member of the media in section 5 of the principal Act. AMENDMENTS TO FILMS, VIDEOS, AND PUBLICATIONS CLASSIFICATION ACT 1993 Clause 22 provides that subpart 2 of Part 2 amends the Films, Videos, and Publications Classification Act 1993 (the principal Act ). Clause 23 amends the definition of commercial video on-demand content in section 2 of the principal Act. The effect of the amendment is that television broadcasters that provide this content on a platform in New Zealand are captured by the principal Act’s classification regime for commercial video on-demand content. Clauses 24 and 25 amend sections 123 and 132 of the principal Act to prohibit the broadcasting of objectionable publications or making copies of those publications for broadcast. This amendment is in response to this Bill’s repeal of section 4(2) of the Broadcasting Act 1989, which included a similar prohibition. Clause 26 amends Schedule 1AA of the principal Act to provide transitional provisions in relation to this Bill. Those provisions— exempt content from the classification requirements of the principal Act if that content was classified before the Bill’s commencement in accordance with a code of broadcasting practice issued or approved under the Broadcasting Act 1989; and delay the application of the principal Act’s classification requirements to content that was not previously captured by the definition of commercial video on-demand content and was neither labelled under the principal Act nor classified under the Broadcasting Act 1989. AMENDMENTS TO PRIVACY ACT 2020 Subpart 3 of Part 2 amends the Privacy Act 2020 (the principal Act ). Like this Bill’s amendments to the Criminal Procedure Act 2011, the amendments to the principal Act relate to the exemption of news entities from the Act’s requirements for New Zealand and overseas agencies. The amendments are required to reflect the disestablishment of the BSA and leave it to regulations to determine the regulatory bodies to which news entities must be subject. CONSEQUENTIAL AMENDMENTS Clause 29 makes other consequential amendments to legislation as set out in Schedule 3 of the Bill. The Parliament of New Zealand enacts as follows: 1 Title This Act is the Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Act 2026 . 2 Commencement This Act comes into force on a single date set by Order in Council. If the Act has not come into force by 1 September 2027 , it comes into force then. An Order in Council made under this section is secondary legislation ( see Part 3 of the Legislation Act 2019 for publication requirements). 3 Principal Act This Part amends the Broadcasting Act 1989. 4 Long Title amended In the Long Title, repeal paragraphs (a) and (b). 5 Section 2 amended (Interpretation) In section 2(1), repeal the definitions of advertising programme , alcohol , approved code of broadcasting practice , Authority , individual , series , and total revenue . In section 2(1), replace the definition of election programme with: election programme has the meaning given to it in section 69(1) 6 New section 2A inserted (Transitional, savings, and related provisions) After section 2, insert: 2A Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms. 7 Parts 1 to 3 repealed Repeal Parts 1 to 3. 8 Section 40 repealed (Requirements in relation to standards) Repeal section 40. 9 Section 53F repealed (Requirements in relation to standards) Repeal section 53F. 10 Section 73 repealed (Programme standards in relation to election programmes) Repeal section 73. 11 New Schedule 1AA inserted Insert the Schedule 1AA set out in Schedule 1 of this Act as the first schedule to appear after the last section of the principal Act. 12 Schedule 1 amended In the heading to Schedule 1, delete Broadcasting Standards Authority and . In Schedule 1, clause 8, delete the Authority or . 13 Principal Act This subpart amends the Criminal Procedure Act 2011. 14 Section 5 amended (Interpretation) In section 5, insert in its appropriate alphabetical order: member of the media , in relation to a proceeding, means— a a person who is reporting on the proceeding and who is either subject to, or employed by an organisation that is subject to, the oversight of a regulatory body prescribed under regulations made under section 387(1)(aaa) ; or b any other person reporting on the proceeding with the permission of the court 15 Section 97 amended (Persons who may be present if oral evidence taken from complainant in case of sexual nature) In section 97(1)(g), delete as defined in section 198(2) . 16 Section 198 amended (Exception for members of media) Repeal section 198(2). 17 Section 199 amended (Court must be cleared when complainant gives evidence in cases of sexual nature) In section 199(1)(g), delete (as defined in section 198(2)) . 18 Section 199AA amended (Court may be cleared when victim impact statement read or otherwise presented to court in cases of sexual nature) In section 199AA(1)(g), delete (as defined in section 198(2)) . 19 Section 210 amended (Standing of members of media) Repeal section 210(1). In section 210(2), replace person to whom this section applies with member of the media . 20 Section 283 amended (Right of appeal against decision on suppression order) In section 283(2)(c), delete to whom section 210(1) applies . 21 Section 387 amended (Regulations) Before section 387(1)(a), insert: aaa prescribing a body as a regulatory body for the purposes of the definition of member of the media in section 5: After section 387(1), insert: 1A Regulations made under subsection (1)(aaa) may only be made on the recommendation of the Minister of Justice. 1B The Minister of Justice may make a recommendation for the purposes of subsection (1A) only if they— a are satisfied that the body requires those subject to the body’s oversight to be subject to— i a code of ethics; and ii a complaints procedure; and b have consulted the Chief Justice. 22 Principal Act This subpart amends the Films, Videos, and Publications Classification Act 1993. 23 Section 2 amended (Interpretation) In section 2, replace the definition of commercial video on-demand content with: commercial video on-demand content means video on-demand content that is made available to persons in New Zealand— a for a fee or other consideration; or b on a platform provided by a television broadcaster Examples A movie that can be downloaded from the internet by a person who pays a one-off fee to access that movie. A series made available to a person who paid a subscription fee for access to a catalogue of content to be accessed through a computer or other electronic device. A short film made available to a person who has been given access to a catalogue of online content as a benefit of entering into a contract with an internet provider. A series made available online by a television broadcaster that they had previously aired. 24 Section 123 amended (Offences of strict liability relating to objectionable publications) After section 123(1)(d), insert: da is a broadcaster (as defined in section 2(1) of the Broadcasting Act 1989) and broadcasts an objectionable publication; or 25 Section 132 amended (Exhibiting parts of a publication) In the heading to section 132, after Exhibiting , insert or broadcasting . In section 132, after exhibiting , insert or broadcasting . In section 132, after exhibited , insert or broadcast . 26 Schedule 1AA amended In Schedule 1AA,— a insert the Part set out in Schedule 2 of this Act as the last Part; and b make all necessary consequential amendments. 27 Principal Act This subpart amends the Privacy Act 2020. 28 Section 7 amended (Interpretation) In section 7(1), definition of news entity , replace paragraph (b) with: b that is, or is employed by an employer that is, subject to the oversight of— i a body prescribed as a regulatory body by regulations made under section 215(1)(b) for the purposes of this definition; or ii an overseas regulator providing an independent procedure for the consideration and adjudication of privacy complaints that is accessible to complainants, including complainants residing in New Zealand 29 Consequential amendments Amend the legislation specified in Schedule 3 as set out in that schedule. 1 New Schedule 1AA inserted into Broadcasting Act 1989 1AA s 2A Transitional, savings, and related provisions 1 Provisions relating to Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Act 2026 1 Interpretation 1 In this Part,— amendment Act means the Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Act 2026 Authority means the Broadcasting Standards Authority established by old section 20 commencement date means the date on which the amendment Act comes into force Ministry means the Ministry for Culture and Heritage old , in relation to a provision of this Act, means the provision as in force immediately before the commencement date old Act means this Act as in force immediately before the commencement date transitional period means the period beginning on the commencement date and ending on the date that is 3 months after the commencement date. 2 For the purposes of this schedule, a word or an expression that is not defined in this Act has the meaning given to it (if any) in the old Act. 1 Transitional provisions relating to complaints 2 Certain privacy complaints may continue to be made during transitional period 1 During the transitional period,— a a person may refer a complaint to the Authority under old section 8(1A) in respect of a programme broadcast before the commencement date; and b old sections 5 and 10 to 13A continue to apply in respect of the complaint. 2 The complaint must be made in the period described in old section 9(3). 3 Before the end of the transitional period, the Authority must make a decision in respect of the complaint and notify the decision in accordance with old section 15. 3 Existing complaints continue to be subject to old Act during transitional period 1 This clause applies to a complaint— a referred to the Authority before the commencement date under any of old section 8(1) to (1C); and b in respect of which the Authority has not made a decision under any of old sections 11, 13, and 13A before the commencement date. 2 During the transitional period, old sections 5 and 10 to 13A continue to apply in respect of the complaint. 3 Before the end of the transitional period, the Authority must make a decision in respect of the complaint and notify the decision in accordance with old section 15. 4 Authority’s decisions must still be notified after commencement date 1 This clause applies if the Authority— a made a decision under old section 11 or 13 before the commencement date; but b had not notified the decision under old section 13(2) or 15 (as applicable) before the commencement date. 2 Before the end of the transitional period, the Authority must notify the decision in accordance with old section 13(2) and 15 (as applicable). 5 Certain provisions retain effect after transitional period in relation to Authority’s decisions and orders During and after the transitional period, the following provisions of the old Act continue to apply in respect of any decision or order made under old section 11, 13, or 13A (whether made before or during the transitional period): a section 13(3) and (4): b section 13A(5) to (7): c section 14: d section 15(3): e sections 17 to 19. 6 Other general provisions that continue to apply after commencement date 1 During the transitional period, old section 16 continues to apply. 2 During and after the transitional period, old section 19A continues to apply. 2 Transitional provisions relating to Authority 7 Transition and disestablishment of Authority 1 During the transitional period, Part 3 of the old Act continues to apply except that— a old section 21 applies as modified by clause 8 of this schedule: b old section 26 applies as modified by clause 9 of this schedule: c sections 23 and 30 do not apply. 2 At the close of the transitional period, the Authority is disestablished. 8 Authority retains some functions during transitional period During the transitional period, the Authority has only the functions given to it under the following provisions of the old Act to the extent that those functions relate to complaints: a section 21(1)(a) to (c): b section 21(3): c section 21(5). 9 Authority’s Board continues during transitional period During the transitional period,— a despite old section 26(1), the board of the Authority may consist of 1 to 4 members; and b 1 of the board’s members must be appointed as Chairperson (and that person must meet the requirements in old section 26(2)); and c old section 26(1A), (1B), and (3) does not apply. 10 Rules relating to programme retention saved during transitional period Any rules made under old section 30 that are in force immediately before the commencement date— a continue in force during the transitional period; and b are revoked at the end of the transitional period. 11 Delay of certain amendments to other legislation until end of transitional period Despite Schedule 3 of the amendment Act, the following Acts as in force immediately before the commencement date continue to apply to the Authority during the transitional period: a Crown Entities Act 2004 (subject to old section 20(3)): b Inquiries Act 2013: c Official Information Act 1982: d Ombudsmen Act 1975. 12 Authority employment and appointments terminated at end of transitional period 1 At the close of the transitional period, all remaining employment and appointment positions with the Authority, including appointments to the board of the Authority, are terminated. 2 To avoid doubt, any liability or responsibility of the Authority in relation to an employment or appointment matter becomes, on the disestablishment of the Authority, the liability or responsibility of the Ministry. 13 Residual assets and liabilities of Authority transfer to Ministry 1 At the close of the transitional period,— a all residual assets, liabilities, agreements, leases, and licence arrangements of the Authority in existence immediately before the close of that period vest in the Crown as assets, liabilities, agreements, leases, and licence arrangements of the Ministry; and b all information held by the Authority, and related instruments under the Public Records Act 2005 in the name of the Authority, immediately before the close of that period are transferred to the Ministry; and c all money payable to the Authority immediately before the close of that period becomes payable to the Ministry; and d unless the context otherwise requires, anything done, omitted to be done, or to be done by, or in relation to, the Authority is to be treated as having been done, having been omitted to be done, or having to be done by, or in relation to, the Ministry. 2 However, nothing in subclause (1) requires the Ministry to carry out the functions of the Authority under old section 21, including in relation to complaints under this schedule or the old Act. 3 The transfer of information to the Ministry under subclause (1) does not constitute an action that is a breach of information privacy principle 8 or 11 within the meaning of the Privacy Act 2020. 14 Ministry may grant rebates after transitional period After the transitional period, the Ministry may grant a rebate to a broadcaster in accordance with old section 30D as if the Ministry were the Authority. 1AA Transitional, savings, and related provisions 2 New Part 3 inserted into Schedule 1AA of Films, Videos, and Publications Classification Act 1993 3 Provisions relating to Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Act 2026 9 Interpretation In this Part,— commencement date means the date on which the Broadcasting (Disestablishment of Broadcasting Standards Authority) Amendment Act 2026 comes into force new CVoD content means video on-demand content that— a is not commercial video on-demand content immediately before the commencement date; but b is commercial video on-demand content on and after the commencement date. 10 Act’s labelling requirements do not apply to content already classified under broadcasting code 1 This clause applies if, before the commencement date, a specified CVoD provider classified commercial video on-demand content in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989. 2 The specified CVoD provider is not required to issue a label for that content under section 46C(1) . 3 Section 46C(2) applies to that content as if the classification referred to in subclause (1) , and any associated advisory or warning material, were a label issued under this Act. 4 Nothing in this clause affects the obligations of any other specified CVoD provider in relation to labelling the same content. 11 Delayed application of Act’s labelling requirements for other new CVoD content 1 This clause applies to new CVoD content— a that is made available in New Zealand by a specified CVoD provider; and b without a label issued under this Act; and c that is not classified in accordance with a code of broadcasting practice issued or approved by the Broadcasting Standards Authority under section 21(1) of the Broadcasting Act 1989. 2 The requirements in sections 6 and 46C to rate and label the new CVoD content do not apply to that content until 6 months after the commencement date. 3 Consequential amendments Repeal section 101(3)(a)(i). In Schedule 1, Part 3, repeal the item relating to Broadcasting Standards Authority. In Schedule 1, repeal the item relating to the Broadcasting Act 1989. In Schedule 1, repeal the item relating to Broadcasting Standards Authority. In Schedule 1, Part 2, repeal the item relating to Broadcasting Standards Authority. In section 2(1), replace the definition of advertising programme with: advertising programme — a means a programme or part of a programme that— i is primarily intended to promote— A the interest of any person; or B any product or service for the commercial advantage of any person; and ii is a programme or a part of a programme for which payment is made, whether in money or otherwise; and b includes a credit in respect of a sponsorship or underwriting arrangement, being a credit that— i is intended to promote any of the matters specified in paragraph (a)(i) ; and ii is a credit for which payment is made, whether in money or otherwise; but c does not include programme material that is the subject of a credit to which paragraph (b) applies; and d does not include any programme or credit of the kind described in paragraph (a) or (b) — i that promotes a scheduled programme on behalf of a broadcaster; or ii that promotes only a station identity on behalf of a broadcaster; or iii that constitutes an election programme (as defined in section 69(1) of the Broadcasting Act 1989) In section 2(1), insert in its appropriate alphabetical order: broadcaster has the meaning given to it in section 2(1) of the Broadcasting Act 1989 In section 135(2), delete within the meaning of the Broadcasting Act 1989 . In Schedule 3, clause 3, definition of advertising programme , replace section 2(1) of the Broadcasting Act 1989 with section 2(1) of the Radiocommunications Act 1989 . Repeal section 28(1)(d). Repeal section 28(2)(d).