Submission from the NZ Newspaper Publishers’ Association October 15 2015
The New Zealand Newspaper Publishers’ Association welcomes the opportunity to comment on the document, Content Regulation in a Converged World.
The Newspaper Publishers’ Association represents 26 daily and Sunday newspapers and their websites. They include The New Zealand Herald, The Dominion Post, The Press, Otago Daily Times, Sunday Star- Times, Herald on Sunday, stuff.co.nz, nzherald.co.nz and odt.co.nz. A full list of members is attached.
Our comments are directed specifically at Option 2: Voluntary code – no regulatory intervention and Option 6: A new Media Content Standards Act.
Content standards – then and now
The newspaper industry and the national journalists’ union collaborated in the early 1970s to support the establishment of the New Zealand Press Council which is now an incorporated society. From its inception in 1972, the Press Council has adjudicated on complaints according to its statement of principles (code of ethics). To ensure its independence, the council has always been chaired by a former judge and has a majority of public (non media industry) members. Because of its more than 40 years’ experience, the council can also rely on an established body of precedent decisions.
As well as acting as a watchdog over media behavior and receiving complaints from the public, the council also has a key responsibility in defending, and advocating, freedom of expression, enhanced by a free press which this association believes to be fundamental to the health of a properly functioning democracy. Independence of the media is interlinked with freedom of expression which is why New Zealand publishers have never favoured State involvement in any complaints handling structure.
The council is fully funded by its media and union subscribers and is no drain on the public coffers. It is non-legalistic, easily accessible to the public and responds quickly to complaints. The council is held in high regard by its media subscribers who regard it as a professional slight to be subject to an “upheld” decision.
Where a complaint is upheld, the council requires the offending publication or website to publish the council’s decision in a prominent position. It can also instruct an offending website to take down the article complained of. The council, in its latest constitution, also has the power to censure an offending publication, website or individual, such censure to be published in a prominent position. The council does not have the power to impose fines.
The complaints process is widely publicised by the media industry with a brief item advertising the council’s existence, and how to make a complaint, published every day by daily newspapers and weekly and monthly by subscribing weekly newspapers and magazines. Similar publicity is afforded by subscribing digital media.
The council is also recognised and understood by the public. An average of 150 complaints are received per year. Many complaints are minor in nature and subject to an informal mediation process conducted by the council’s staff. About half the complaints are elevated to the formal jurisdiction process, with the complaint being heard by the full council. Media members of the council (the minority) must stand down where a complaint is directed at their employing media organisation.
Members of the Newspaper Publishers’ Association have been part of the rapidly changing media landscape and have strongly supported the Press Council evolving to better reflect these changes.
Key moves have been the council’s expansion of its remit in 1998 to include magazines, and a further expansion a year later to hear complaints about content appearing on subscriber publishers’ websites.
More recently, the council rewrote its constitution in 2014 to provide tougher sanctions against offending content, and to allow for a wider membership including a new status of associate member for independent newspaper, magazine and website publishers. The latter includes bloggers. Several have now joined up.
Strengths
The newspaper industry sees the strengths of the Press Council to be its:
- Jurisdictional independence from publishers - Voluntary membership - Buy-in from publishers and acceptance of the council’s complaints process - Ongoing demonstration that self-regulation works - Relatively low cost - Lack of financial dependence on the State
Proof of the Press Council’s effectiveness can be seen in the responsible nature of the New Zealand press (in its wider sense). The New Zealand media are largely free from the examples of egregious behavior sometimes demonstrated by newspapers and websites in other countries, notably the UK and Australia. Existence of the Press Council exercises an undeniable restraining influence on New Zealand media behavior. In short, the system works.
The future
While the media industry here will continue to evolve, the Newspaper Publishers’ Association remains confident in the ability of the Press Council to be nimble-footed, to adapt to change, and to maintain public confidence.
And in the face of possible changes flagged in the discussion document, the Newspaper Publishers’ Association reiterates the old adage, “if it ain’t broke, don’t fix it.”
But if there is a tide of opinion in the future that favours the development of a new standards model, then the NPA requests that it be involved meaningfully in any discussion process.
This association’s bottom line will continue to be based on self-regulation, voluntary membership, low cost and no State involvement. Michael Muir OBE
President
New Zealand Newspaper Publishers’ Association
39 Market Place
PO Box 2941
Auckland 1140
New Zealand Newspaper Publishers’ Association
List of members:
The New Zealand Herald
The Dominion Post
The Press
Otago Daily Times
Ashburton Guardian
Bay of Plenty Times
Rotorua Daily Post
Manawatu Standard
The Gisborne Herald
The Greymouth Evening Star
Hawke’s Bay Today
The Nelson Mail
The Northern Advocate
The Southland Times The Timaru Herald
Waikato Times
Wairarapa Times-Age
Wanganui Chronicle
The Westport News
The Wairoa Star
Whakatane Beacon
Sunday Star-Times
Sunday News
Herald on Sunday