Public Media Project Submission
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EXPLORING DIGITAL CONVERGENCE Issues for Policy and Legislation Media Policy Team Ministry for Culture & Heritage PO Box 5364 Wellington 6145 16.10.2015 1 Summary of Submission The Ministry is seeking feedback on issues it has identified to spark public debate on the convergence in the telecommunications, information technology, media and entertainment (TIME) sectors, and the Government’s proposed response. It asks five high level questions, designed to prompt responses 1.1 Do you agree with the way this paper defines convergence? PMP response – No. 1.2 Do New Zealand’s current regulations and policies need to change to account for convergence? PMP response – Yes. In particular, remedial actions are urgently required to remedy damage done to the Regional TV broadcasting sector in the transition to DSO (see sections 4.14 – 4.32. 1.3 Do you agree with the proposed convergence work programme? PMP response – No. 1.4 Should the Government be doing anything else to address convergence? PMP response – Yes. 1.5 What barriers are you aware of that prevent you from benefitting from, or responding to, convergence? PMP response – The major barrier to be addressed is the current focus of policy and regulatory development on issues of technology convergence, commercial competition and content control – and the lack of focus on global convergence and its implications for developing creativity, innovation, accessibility, diversity, community cohesion, and the generation of original local content within New Zealand. The commercial/technical/content control approach to government intervention policies and convergence issues neglects the negative impact that convergence and globalization of TIME content supply chains will have on the New Zealand sectors’ ability to generate and distribute local and regional content meeting the particular needs and interests of New Zealanders. 2 Background 2.1 The PMP is a network of media professionals, academics, and media-interested members of the public formed to lobby for the establishment of a non-commercial, nationwide, free-to-access, multi-media platform delivering a more diverse range of New Zealand content than the major, commercial free-to-air, pay-to-view, and on-line media services are inclined or able to provide. 3 Do you agree with the way this paper defines convergence? 3.1 PMP does not agree with the narrow definition of “convergence” developed in the paper. Convergence is not simply a domestic issue relating to the common delivery of previously discrete service functions such as broadcasting and telecommunications over shared digital infrastructure and the consequent reduction of boundaries between previously separate industries within New Zealand. 3.2 Convergence also involves the globalization of content choice for New Zealand consumers. It means greater choice, lower cost, and more timely options will be available to consumers, because of their ability to obtain direct access to international content supply chains. 3.3 However, it cannot be assumed that convergence will provide New Zealand consumers with more access to content that is created within New Zealand, by New Zealanders, for New Zealanders. In fact, there is evidence to suggest that it is already having a negative effect on generation of local and regional content by the New Zealand media and entertainment sectors. This issue is explored later in the paper. 3.4 The paper’s general assertion that convergence means “distribution is no longer a significant barrier for content creators” is far too sweeping. 3.5 While some internet media platforms offer no or low cost entry to the distribution chain for content creators, they provide no guarantee of delivery to their target audiences, or of any commercial return for the creators’ effort. There is a long path between uploading a clip to You Tube and crafting high end news, current affairs, documentaries, drama and light entertainment for network television broadcast or other modes of new electronic media. 3.6 The multiplication of delivery options made possible by technological convergence also means a multiplication of costs for New Zealand producers and distributors seeking delivery to mass audiences – at community, national, or international level - because of the widening range of devices and networks that New Zealand will be using to meet their communications needs. 3.7 The multiplication of delivery options also means that the mass communication required for the management of major civil emergency situations will be more complex and expensive – an issue affecting the security of New Zealans. 3.8 In the converged future, distribution costs will remain a significant barrier for many New Zealand content creators. 3.9 Furthermore, satellite free-to-air television and radio broadcasts are the only sectors of New Zealand’s digital TIME industry that are practically universally accessible to all New Zealanders, regardless of their location or means. There are geographic and/or cost limitations to the accessibility of all other forms of distribution, such broadcast terrestrial transmissions, fixed line broadband, cellular and wi-fi networks. 3.10 More attention needs to be given to the provision of access to “converged” communications systems for New Zealanders in remote areas and other network “black spots”; in special interest, language, and cultural minorities; and/or in sectors of the population unable to afford the services of commercial communications providers. 3.11 In shaping policies and regulations for “convergence”, the Government also needs to reflect on its commitment to Article 19 of the Universal Declaration of Human Rights: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” 3.12 The United Nations Economic and Social Council (ECOSOC) specifically recognized the importance of information and communications technologies in national and international economic development on 7 July 2000 in a Ministerial declaration that states: “6. ICT provides unique opportunities for economic growth and human development. It can shape and enhance a wide range of development applications — from electronic commerce to access to financial markets; from generating employment to providing opportunities for investment to entrepreneurs, in particular small and medium-sized enterprises; from improved agricultural and manufacturing productivity to the empowerment of all sections of society; from long-distance education to tele-medicine, from environmental management and monitoring to prevention and management of disasters. The potential to help foster sustainable development, empower people, including women and youth, build capacities and skills, assist small- and medium-sized enterprises, reduce poverty, and reinforce popular participation and informed decisionmaking at all levels is enormous.” 3.13 However, the ECOSOC Ministerial declaration also emphasized the need to ensure that the benefits of access to ICT are universally acessible – both globally and within nations. “5. We are deeply concerned that, at present, ICT’s huge potential for advancing development, in particular of the developing countries, has not been fully captured. This reality has given rise to manifestations of the ‘digital divide’. In this regard, urgent and concerted actions at the national, regional and international levels are imperative for bridging the digital divide and building digital opportunities and putting ICT firmly in the service of development for all. In this regard, we call on all members of the international community to work cooperatively to bridge the digital divide and to foster ‘digital opportunity’.” 3.14 On 8 September 2000, the United Nations General Assembly adopted the United Nations Millennium Declaration, which states in part: “20. We also resolve: … To ensure that the benefits of new technologies, especially information and communication technologies, in conformity with recommendations contained in the ECOSOC 2000 Ministerial Declaration, are available to all. 3.15 On 12 December 2003, the International Telecommunications Union (ITU), a United Nations agency, initiated the World Summit on the Information Society in Geneva and adopted a Declaration of Principles, which states: “We, the representatives of the peoples of the world, assembled in Geneva from 10-12 December 2003 for the first phase of the World Summit on the Information Society, declare our common desire and commitment to build a people-centred, inclusive, and development-oriented Information Society, where everyone can create, access, utilize and share information and knowledge, enabling individuals, communities and people to achieve their full potential in promoting their sustainable development and improving their quality of life, premised on the purposes and principles of the Charter of the United Nations and respecting fully and upholding the Universal Declaration of Human Rights.” 3.16 On 12 December 2005, ITU convened a second World Summit on the Information Society, in Tunis. The Summit adopted the Tunis Commitment, which states in part: “1. We, the representatives of the peoples of the world have gathered in Tunis from 16-18 November 2005 for this second phase of the World Summit on the Information Society to reiterate our unequivocal support for the Geneva Declaration of Principles and Plan of Action adopted at the first phase of the World Summit