International Update: New Zealand media law update

Abstract

This update reports further on developments in New Zealand media law in the last few years, and follows on from the first part that dealt with defamation, privacy and breach of confidence.

New Zealand’s hate speech legislation has been the subject of ongoing review following an appalling terrorism incident involving mass murder, and a general media regulatory review is being carried out contemporaneously focussed on online harms.

A copyright case was largely a success for media relying on a fair dealing defence.

Court reporting cases continue to proceed from a basic open justice principle, but this will be departed from in particular to protect young offenders from social media attack. A number of cases have developed the law relating to protection of journalistic sources, and common law contempt of court has been replaced by a statutory model that attempts to provide more clarity, in particular about sub judice contempt. Media continue to seek access to court records and courts appear to be taking a more nuanced and sympathetic approach in granting access.

The New Zealand Media Council has expressed strong views about native and embedded advertising masquerading as news and indicated it is prepared to consider complaints made against such content.