Since the Ministry of Culture and Heritage (MCH) (in itself a rather Soviet sounding name for a Ministry) took over broadcasting policy from what is now the Ministry of Business, Innovation and Enterprise (MBIE), it has had a policy culture that is quite distinctly interventionist. It’s proposals for “modern media legislation” (one should always be suspicious of anyone claiming that their policy preferences are “modern”, which essentially means next to nothing) are worth reviewing because they reflect the lobbying of vested interests in the uneconomic media industry to try to compete with the media the public actually prefer.
I recall around 28 years ago being in a meeting in the then Ministry of Commerce (MBIE’s predecessor) where a manager had set up a PC to run the RealAudio streaming application to play live radio from around the world. He said at the time that this was the future and it would change broadcasting forever. He was right of course, and while some media have survived and been able to find niches (notably consolidation of commercial radio), others have struggled, such as newspapers and free to air television (the latter in part surviving in part due to politicians not seeking to take dividends from Television New Zealand).
Thirty to forty years ago, media for information (news) and media for entertainment were somewhat distinct. Newspapers were the prime authority for news, followed by news oriented radio and then television news broadcasts. It started to change when the Broadcasting Corporation of New Zealand was split into TVNZ and RNZ, and TVNZ was given carte blanche to respond to competition, of which it had years to plan for, as TV3 got its licence to operate following a tortuous beauty contest. TV3 essentially revealed in public what it would be showing to viewers well in advance of launching, and TVNZ then made sure it could buy up loads of competing content to undermine it, and it succeeded. At the time TV news was dumbed down deliberately. Local news was scrapped, and the focus was on the approach of local US TV news broadcasts, focusing on making the news “relevant” and “easy to digest”. A big emphasis was on stories that had dramatic video footage and were easy to understand (disasters, crime, celebrities, sports victories/losses and war footage). The idea being to present a “narrative” of “isn’t that awful” (mostly) or “fantastic”, and leaving complexities around events, particularly public policy and international relations aside. The dumbed down TVNZ news won, and today this remains.
Today people largely obtain news and entertainment online because most people can access the content they want in seconds on multiple devices. If news happens, it is reported through news websites and through social media. Moreover, entertainment largely comes from overseas, whether self-made content on social media, or large boxset productions from the rest of the Anglosphere.
Needless to say the great successes of the likes of Amazon Prime and Netflix have upset those who built careers upon the myth that culture has some nationalist basis for it – the local production industry. Most people no more care about watching programming that is local than they do about listening to local music. People like what they like, and that is not to say there isn’t local content that can be and is successful, but the judgment as to what is good and what is not, is entirely in the eyes and ears of the beholder. Note also that blogging, micro-blogging (X) and the like are all part of this. There are neither state nor indeed financial barriers to most people being able to write, record and publish whatever they like (within the bounds of criminal law). Whereas before people needed to set up a printed magazine or convince an editor to let them write for it, or go on an Access radio station (or buy a frequency from the 1990s onwards), now the barriers to publishing are very low indeed.
Protectionists, legacy medai and politicians with a bent for influencing the public don’t like it that much.
Media and Communications Minister Paul Goldsmith has decided to release a discussion document with five proposals to "save local media". It reflects a very shallow approach to public policy in this space.
MCH’s five proposals are justified by the following statement:
New Zealand’s media and content production sectors are facing an uphill battle to remain viable in an increasingly globalised and continually evolving landscape.
Less local content is being commissioned and is no longer reaching local audiences on all platforms. Seeing and hearing our stories and voices has cultural and societal benefits
I’d suggest the uphill battle is simply due to the public not responding to what they produce. The truth is there is a lot of local content, it just isn’t being commissioned by traditional broadcasters or the State subsidising outlets. I would wager that more NZers than ever before are writing, recording music or videos and publishing them than ever before. Sure much or indeed most of it is trivial and inconsequential, but what matters the most us that people ARE producing content, it just doesn’t meet the standards of public servants. However that last sentence is of course revealing of how empty these proposals are.
What are “our stories”? We all have stories, I could if I wanted to, write everyday stories and the 90% or so of the population with computers, tablets or mobile phones could do so, and in fact many do. Tens, hundreds and in some cases thousands read or listen to them. What are the “cultural and economic benefits” of ignoring this in favour of what is essentially a protectionist industry wanting other people’s money taken from them by force, to prop them up because the public isn’t willing to pay for their content voluntarily?
The state hasn’t stepped in to save newspapers, nor book or magazine publishers, so why should it step in to save video and film producers?
So what are the proposals?
Proposal 1 : Ensuring accessibility of local media platforms
This proposal says everything about how out of touch MCH is. It is to force manufacturers of smart TVs (not tablets or laptops or phones) to carry apps of traditional NZ broadcasters. Notwithstanding that many people don’t consume most of their content on smart TVs (MCH isn’t stupid enough to force all laptops to have apps pre-installed), the idea this would make any meaningful difference is ludicrous. Of course Australia has such a rule, but it has two large state taxpayer funded broadcasters, and a state-mandated oligopoly of free to air broadcasters (only three are allowed), so it has long been highly protectionist of the commercial TV industry, enriching its owners. A survey in Australia suggests a third of owners of Smart TVs don’t know how to download apps. Well I’d suggest the same applies to laptops and even mobile phones. Why don’t the broadcasters find ways to help people do it? Why must the state mandate manufacturers do it for our small market? What about radios being pre-programmed into local stations, or smart speakers having apps for RNZ, Newstalk ZB etc?
MCH stretches a real long-bow to suggest that not doing this might “undermine democracy”.
Given that local platforms host the vast majority of local content, decreased engagement means that audiences are missing out on important societal and cultural benefits. In turn, decreased audience engagement affects TV broadcaster revenue and brand value, reducing their ability to make local content and remain financially viable. If there were fewer local broadcasters/platforms in New Zealand, this would create specific consequences for plurality and therefore accountability in terms of the vital role local news and current affairs coverage (from a variety of sources) plays in a well-functioning democracy.
This is false, as the vast majority of local content is hosted on foreign platforms like Youtube, Instagram and X, it’s just that the traditional broadcasters and public servants don’t recognise the content produced outside their contracts and visibility. This is a claim that without forcing Smart TVs to have TV apps, it makes them less financially viable and would undermine the “vital role local news and current affairs coverage” plays in a well-functioning democracy. Hold on. You already own RNZ and make all taxpayers fund it. There is next to no local news (not national news) on TV today. You’d have to be awfully naïve to think forcing LG to put the TVNZ app on its TVs will save the death of TVNZ’s news (noting TVNZ already decided to withdraw from X, for nakedly political reasons – it doesn’t like its owner and being challenged on it constantly for its statist centre-left bias).
Proposal 2: Increasing investment into and discoverability of local content
This is proposing to force streaming platforms and TV broadcasters to waste their own money on what MCH’s falsely calls “investment” into the local content MCH approves of. This is a naked attempt by the failing, already subsidised local screen production industry to force successful businesses to prop them up. It is equivalent to forcing book publishers to publish books that hardly anyone wants to buy, or in forcing theatres to host shows hardly anyone wants to attend.
The definition of ‘local content’ is intended to capture content that reflects New Zealand stories, places, voices, and faces. Relevant factors could include if the subject of the content is New Zealand or New Zealanders, if New Zealanders hold key roles in production and if it is filmed in New Zealand.
Every time you post videos of your family or friends doing something, it is local content, but that doesn’t count to the MCH. It shows MCH is beholden to the local production industry,and is fundamentally protectionist. This proposal should be thrown in the bin on merit alone, but it fails even further.
New Zealand’s CER agreement with Australia including commitments on audio-visual services which around 25 years ago saw New Zealand TV programmes being deemed to be “Australian” for the purposes of Australian TV stations complying with the country’s local content quota. It is entirely plausible that if this proposal proceeds, that the platforms could all simply pass on Australian content on the basis that CER grants free trade in audio-visual services and give Australian content “National Treatment”. Furthermore, NZ’s commitments under the WTO Agreement on Trade in Services also include granting national treatment to foreign audio-visual service content, so that other countries could demand that the requirement for New Zealand content actually covers them as well. In short, according to New Zealand’s international trade agreements, the proposal could be meaningless.
Proposal 3 : Increase captioning and audio description
Mandating this wont do anything to support local content at all, and will actually load more costs on production, which shows how utterly incoherent these proposals are. Weirdly MCH is concerned about the legal consequences of New Zealand not complying with the United Nations Convention on the Rights of Persons with Disabilities. It’s clearly a sop to some lobbying, but given it runs completely contradictory to the earlier proposals (although there is obviously some merit to this for some people with disabilities), it makes little sense being here.
Proposal 4 : Modernising professional media regulation
In short, the proposal is to expand the scope of the increasingly irrelevant Broadcasting Standards Authority (a better proposal would be to scrap it) to “ensuring positive system-level outcomes”, whatever that means. It would apply to all “Professional Media” whatever that is other than “organisations that commission, produce, or directly pay for media content and distribute it as their primary business”.
This is clarified further as:
• including New Zealand broadcasters and streaming platforms, global streaming platforms, online text-based media, newspapers, and magazines.
• not including online platforms that primarily host user-generated content or provide access to others’ content, such as social media (like Facebook and TikTok) and search engines (like Google).
Online text based media? Yet not platforms that host user-generated content? Where's the line between those?
This is unnecessary and intrusive. There was once arguably a role for the BSA when free to air TV was dominant and children in particular could be exposed to content unsuitable for them at certain times. However, this is now an anachronism. Parental neglect and naivety todays means many children get exposed to content that would never be seen on Pay TV let alone free to air TV, and the MCH wants to retain and expand the BSA. At best this is silly and futile, at worst there is something sinister and frightening about the call for a wider media regulator. Of course, the MCH didn’t consider abolishing the BSA. It should be abolished and be simply replaced it with a basic code of practice as a condition of using radio frequencies. Every other content that passes over the internet should not be subject to more regulation than any other.
Proposal 5: Streamline Crown content funders
Also could be called merge state subsidisers of preferred content. It is essentially to merge the Film Commission and NZ On Air. I’d abolish them both, as they aren’t needed, there being no more reason for taxpayers to fund TV programmes and films they aren’t willing to pay for, than for them to fund books, haute couture fashion, posters or New Zealand made porn. MCH didn’t consider this, because it thinks the content that most New Zealanders aren’t willing to pay for, let alone watch in numbers that are attractive to advertisers, is “inherently” some sort of public good.
What should be done instead?
Stop trying to save something that people don’t want. The Broadcasting Standards Authority should be wound down, and made into a private industry body like the Advertising Standards Authority. That means broadcasters can choose to belong to it, and restructure broadcasting licences to ensure some very basic standards of freedom of speech and protection against defamation and inciting violence.
NZ On Air should be wound down as well. It should be phased out, and if RNZ is to continue to be subsidised, it should be funded directly from the MCH. There is no need to continue to force taxpayers to fund specific content. The Film Commission similarly so.
Privatise TVNZ. Start by offering shares to every citizen equally and let the public dispose of those shares if they wish. Beyond a heritage function, for which it might be funded from taxes, it should be unshackled from the state.
Shift media policy from MCH to MBIE. Media is a business and deserves oversight by a Ministry that is business oriented, not one that is a taxpayer funded lobbyist for the industry of dress-up and make-believe.