Streaming crackdown looms
BSA wants internet giants under its content control
The Broadcasting Standards Authority is bringing internet content under its remit in time for next year’s election. Live-streaming is in a grey area until now, but the BSA wants to bring it under the strict standards of the Broadcasting Act.
BSA chair Judge Bill Hastings and CEO Belinda Moffat have told media owners they would like to make sure internet broadcasters know what standards apply to election-related materials, and that the public know who to complain to.
Live-streaming has been complicated because it exists somewhere between broadcasting and ondemand content.
The Broadcasting Act excludes ondemand content in that it involves pre-recorded content that’s accessed for personal viewing.
The BSA argues that live-streaming is different, comparing it to “switching on a television and selecting the channel”. It says live-streaming isn’t a private transmission for one person alone, but is transmitted “to all linear, live-stream or simulcast viewers”.
Should live-streaming fall under the Broadcasting Act, it will have major implications for companies such as Facebook and YouTube.
Under the Act, broadcasts have to comply with standards related to good taste and decency, children’s interests, violent content, accuracy and privacy and to have a proper process for dealing with complaints.
The BSA says it will work with broadcasters to prepare an internet broadcasting code to add to the existing radio, free-to-air television and pay television codes.
The BSA plans to start working on this code in January and is calling on media owners to submit their feedback by December 13. If a consensus is not reached, the BSA is willing to take a legal route to establish the framework.
“If legislative interpretations issues prove too much of a barrier, we will consider seeking a declaratory judgment on notice to those who wish to participate in the process to clarify any issues we cannot agree upon,” the authority says.
Live-streaming has proven particularly contentious in New Zealand after the Christchurch terrorist attack in March.
Although the original video was only viewed 200 times while live, it quickly spawned more than a million videos containing footage of the attack.
Facebook then incorporated a onestrike policy, which temporarily restricts access for users that break the social media site’s rules.
A Facebook spokeswoman told the Herald the company is reviewing the BSA’s proposed changes.
“We’ve called for governments and regulators to create rules for the internet to help protect society from broader harms while also preserving the freedom of people to express themselves,” she said.
“People use dozens of content sharing services every day and it’s important for governments, industry and civil society to work together to on smart, standardised rules for online content.
“The New Zealand Government’s already leading on this important work, which is why we’ve hosted workshops with them on how we build products, engineer artificial intelligence and enforce our Community Standards.”
Google declined to comment.