MEDIA RELEASE – Broadcasting standards must protect all New Zealanders – regardless of platform

Wellington, Thursday 16^th October, 2025

Rights Aotearoa today welcomed the Broadcasting Standards Authority's decision to apply broadcasting standards to internet-based broadcasters, calling it an overdue step toward ensuring all New Zealanders are protected from harmful broadcast content regardless of transmission method.

"For too long, internet-only broadcasters have exploited a regulatory gap to broadcast content that would be immediately sanctioned on traditional media," said Paul Thistoll, CEO of Rights Aotearoa. "The BSA's provisional decision closes a dangerous loophole that has allowed hate speech and discriminatory content to flourish unchecked."

The BSA's decision applies to live-streamed content broadcast to the New Zealand public via internet platforms – not private communications or on-demand content selected by individual users.

"This isn't about limiting free expression – it's about ensuring broadcast standards apply equally regardless of transmission method," Thistoll said. "Trans, non-binary, and intersex New Zealanders deserve the same protections from harmful broadcast content that encourages discrimination against them, whether it reaches them via television or internet stream."

Technology cannot be a loophole for harm

Rights Aotearoa noted that the Broadcasting Act 1989 was designed to maintain programme standards for content broadcast to the New Zealand public. The BSA's purposive interpretation appropriately applies democratically-enacted law to modern circumstances, as contemplated by section 11 of the Legislation Act 2019.

"The principle is straightforward: if content breaches broadcasting standards when transmitted via radio waves, it doesn't become acceptable simply because it's transmitted via the internet," Thistoll said. "Harmful content that undermines the dignity and rights of marginalised communities doesn't become less harmful because of the delivery mechanism."

Rights balancing, not censorship

The organisation emphasised that broadcasting standards represent a legitimate balancing of competing rights under New Zealand's human rights framework.

"Freedom of expression under NZBORA section 14 must be balanced against freedom from discrimination under section 19 of the Human Rights Act and NZBORA," Thistoll said. "The state has positive obligations under the ICCPR to protect people from content that incites hatred or perpetuates systemic discrimination. Regulatory gaps undermine these protections."

Rights Aotearoa noted that comparable democracies internationally are moving toward greater platform accountability for harmful content, not less.

"New Zealand shouldn't become a regulatory haven for harmful broadcast content simply because operators deliberately structure their platforms to avoid accountability," Thistoll said.

Democratic legitimacy

Rights Aotearoa rejects claims that the BSA's decision represents regulatory overreach, noting that purposive statutory interpretation by regulators is routine and appropriate.

"The Broadcasting Act gives the BSA clear authority to regulate broadcasting to the New Zealand public," Thistoll said. "The technology used for transmission doesn't change the fundamental nature of broadcasting content to a public audience. The BSA is doing exactly what Parliament established it to do – maintaining broadcasting standards."

The organisation called on Parliament to support the BSA's interpretation and ensure that broadcasting standards protect all New Zealanders equally.

"Rights Aotearoa commends the Broadcasting Standards Authority for having the courage to address regulatory arbitrage by those who structured their operations specifically to avoid accountability for harmful content broadcast to New Zealand audiences," Thistoll concluded.

ENDS

About Rights AotearoaRights Aotearoa is New Zealand's leading non-governmental organisation devoted to promoting and defending universal human rights with a focus on transgender, non-binary, and intersex rights.

Media contact:
Paul Thistoll
CEO, Rights Aotearoa

paul@rightsaotearoa.nz