CONTENT REGULATION IN A CONVERGED WORLD Response to the Discussion Document from the New Zealand Catholic Bishops Conference We have chosen to make comment only on Sections 3 and 5 of the Discussion Document. 3. CLASSIFICATION OF CONTENT The media profoundly shapes our cultural environment. Educating children to be discriminating in their use of the media is a responsibility of parents, and a classification system can be a key tool in the educative process. We support the classification of media content, including that accessed on demand. “The relationship of children, media, and education can be considered from two perspectives: the formation of children by the media; and the formation of children to respond appropriately to the media. A kind of reciprocity emerges which points to the responsibilities of the media as an industry and to the need for active and critical participation of readers, viewers and listeners. Within this framework, training in the proper use of the media is essential for the cultural, moral and spiritual development of children...Like education in general, media education requires formation in the exercise of freedom.” Pope Benedict XVI, World Communications Day Message 2007 Questions Do you think on-demand content should be classified in some way? We believe on demand content, including video games, should be classified because: Increasing numbers of children and teenagers use on demand services to watch programmes; A classification system is a key tool for parents in educating their children about what they watch; Children and teenagers often watch on demand programmes on portable devices, away from the parental supervision; The interactive nature of video games can draw children and especially teenagers into a fantasy world which may have effects on the mind and behaviour of the player, and a classification system is an aid to parents in assessing games, as well as an educative tool. If so, should similar content across different platforms be regulated in the same way? Similar content on different platforms should be regulated in the same way because: Standardization across platforms assists understanding and decision-making by users, especially parents and children; It is fair to all providers. Do you have a preferred option or concerns with any of the options presented? We would favour option 6: “A new piece of legislation, referred to here as the Media Content Standards Act, could be enacted to replace the two existing regimes and create a single media standards and classification regime”. The media world has changed so dramatically in recent years that a “from scratch” approach with a new fit-for-purpose Act seems to be the best way forward. A new type of Act is needed which has clarity, some degree of future-proofing and flexibility of application for the rapidly changing environment. Do you have any other options or suggestions? Creating a new legislative regime would take time to get right. Should the Government take any action in the meantime to ensure on-demand content is classified? Given that the document indicates that some time will be needed to develop a new Media Content Standards Act, we believe some action should be taken by government in the meantime. If so, which option would be best? Are there any other options? We would favour a temporary extension of the Classification Act to cover on demand content. Extending the Broadcasting Act to cover on demand content would be another option. Neither of these options is perfect and both have limitations but these facts in themselves may mean that developing a new Act becomes a priority. 5. ADVERTISING RESTRICTIONS Section 81 of the Act prohibits advertising on television on Sunday mornings between 6:00 am and 12 noon, as well as on the morning of Anzac Day, and all day on Good Friday, Easter Sunday and Christmas Day. Radio advertising is also prohibited on Anzac Day morning and on Good Friday, Easter Sunday and Christmas Day. Advertising is viewed by some as the exercise of freedom. The constant pressure on people to buy actually limits their freedom, because advertising is constructed by experts in marketing and can be a form of psychological pressure, even manipulation. Not everyone has the knowledge to push back against this pressure. We believe that media outlets have a responsibility to cater for local programming and serious analytical programming relating to the political situation in New Zealand. Overseas channels are not going to do this local work. Sunday morning advertising restrictions provide the opportunity for programming which is wanted by a smaller group, and it caters for the diversity in our society. If ratings rule the days currently restricted, we will quickly lose this type of programming. The small relief we have with the current restrictions should at least be maintained, and we favour extending it to new media options. “Many people know that the mere amassing of things and pleasures is not enough to give meaning and joy to the human heart, yet they feel unable to give up what the market sets before them...” We support option 5, extending the current restrictions to apply to online content. Pope Francis, Laudato Si 2015 Questions Does the nature of linear television still justify an advertising-free period during the week, or should advertising be permitted on Sunday mornings? We oppose lifting the restrictions on Sunday morning advertising. This space both allows and protects the programming of minority or special interest content, especially local content and content involving emerging local talent, which without high rating support is not popular with advertisers. Removing the advertising restrictions could potentially see the loss of this type of programming which would be a loss to the diversity which enriches our society. As children’s programmes dominate programming on some channels on Sunday mornings we believe that the restrictions on advertising at this time are a great benefit. Even with the protections related to advertising during children’s programmes, advertising is a force driving children to pressure parents to buy more stuff. Restricting advertising on Sunday mornings is a gift to parents and children, which broadcasters should be generous in providing given the other 13 half-days per week when they can advertise. Should the main religious holidays and Anzac Day morning still be marked by an absence of advertising on television and radio? ANZAC Day morning advertising We strongly support the continuation of a prohibition on advertising on the morning of Anzac Day. Anzac Day services are watched by many people in rest homes and hospitals, and by people who cannot attend them in person. Advertising in this context is offensive. While advertising restrictions could apply to only within the broadcast of an Anzac Day service, advertising before and after destroys the reflective nature of this special day. Good Friday, Easter Sunday and Christmas Day These days are prime days for rest and relaxation for most people. At other times advertising is incessant, demanding that people buy, buy, buy, a constant pressure on families especially those with limited income. As we have very little advertising-free media left, we strongly support retaining these three advertising-free days, and propose that there be further restriction to prevent the “creep” towards full-blown advertising in programme sponsorship and credits. Should the advertising-free period be extended to cover broadcasters’ online content as well? Yes, the advertising free periods should be extended to cover the broadcasters’ online content as well, as many people now use on demand services as their primary media source. If you favour the liberalisation of broadcast advertising restrictions, should blocks in the television schedule be set aside for special-interest programming? If you do not favour the liberalisation of broadcast advertising restrictions, should exemptions be allowed in the case of major events, such as international sports fixtures? No exemptions should be allowed to broadcast advertising restrictions, as the reasons for having them are undermined if they can be put aside in favour of increasing broadcasters’ revenue. We believe the majority of New Zealanders do not want advertising during major events, and as they are the consumers, they should be given some consideration by the content providers. Most companies have loyalty cards, points schemes, or other forms of reward for their customers. The media content providers should see the provision of advertising free periods, even when it affects a major event, as a form of reward for the loyal customers who sit through all the advertising inflicted on them on other days of the year. John Dew Patrick Dunn Archbishop of Wellington Bishop of Auckland President, NZCBC Secretary, NZCBC Stephen Lowe Colin Campbell Bishop of Hamilton Bishop of Dunedin Charles Drennan Barry Jones Bishop of Palmerston North Bishop of Christchurch Peter Cullinane Emeritus Bishop of Palmerston North .