Regulation of Broadcasting in New Zealand: Does the Standard of Good Taste and Decency Go To Far?

Abstract

The right to freedom of expression is of considerable importance in a free and democratic society. However, the requirement that broadcasters in New Zealand maintain standards of good taste and decency seeks to limit the extent to which the right to freedom of expression is protected. The standard of good taste and decency is a broad, ill-defined standard, which extends to include offence. No other medium is subject to such expansive content regulation. This is problematic, as arguably media convergence and technological development means that the distinctions between the various mediums, and so too the theoretical rationales for subjecting broadcasters to stricter content regulation, have broken down. This thesis suggests that the standard is no longer consistent with the New Zealand Bill of Rights Act 1990. In that light, various options for the regulation of broadcasters with respect to matters of taste and decency have been considered, including the approach of the United States of America and England. This thesis concludes that a harm based standard, such as that utilised by the Office of Film and Literature Classification, would be a suitable alternative for the regulation of broadcasting in relation to matters of taste and decency.