New internet TV rules could mean less confusion for parents but a longer wait for shows

Friday, 26 April 2019

Broadcast television, internet TV shows and films shown on DVD or in cinemas all face different treatments under existing rules.

Internet television services such as Netflix and Lightbox may be compelled to submit their programming for classification by the Film and Video Labelling Body under a proposal that the Government has put out for consultation.

Internal Affairs Minister Tracey Martin suggested a rule change could create more consistency in the way programmes were labelled as being suitable for different age groups, which would make it less confusing for parents 'trying to pick something for their kids to watch'.

Martin said the reaction to controversial Netflix show 13 Reasons Why was an example of the 'public concern' that a new 'standardised classifications system' would address.

Spark and former chief censor Andrew Jack had a major public falling out over the labelling of programming on Spark's Lightbox internet television service in 2016.

Internal Affairs Minister Tracey Martin says young people are at risk of harm, but Spark says it gets few complaints about the existing set-up.

* Spark's Lightbox television service continuing to mislead viewers, says censor

* Chief censor labels warning on Lightbox drama Flesh and Bone 'inadequate'**

That was after Spark ceased submitting material to the Film and Video Labelling Board in the wake of an opinion by the Culture and Heritage Ministry that internet television providers were not legally required to do that.

The ratings system has not kept pace with the rapidly-changing way Kiwis are accessing entertainment, the Government fears.

Jack had accused Spark of misleading its customers with 'inaccurate' content warnings for programmes such as adult western Deadwood and ballet drama Flesh and Bone.

Spark in turn expressed 'disappointment' Jack had aired his concerns in the media without first addressing them to the company.

Spark spokesman Andrew Pirie said that if it did have to submit programming on Lightbox for labelling, it would not always be able to release programmes at short notice, at the same time as they aired overseas.

13 Reasons Why, an example of why a new approach to ratings system is needed, says minister.

'The world has perhaps moved on from some of these approaches,' he said.

A discussion paper released by Internal Affairs agreed that its proposed 'option 1' of requiring new material to be classified by the Film and Video Labelling Body could put pressure on censors and delay the release of new programming.

Martin said an alternative might be for internet television providers to be required to self-classify their programming and provide their own viewing guidelines on shows according to rules agreed with the chief censor, 'without a lengthy submission process'.

A third option outlined in the discussion document – but not highlighted by Martin – would be for internet television providers to continue to be allowed to voluntarily classify programmes under an arrangement currently managed by the New Zealand Media Council.

Pirie said it leaned towards that type of approach.

'We think that system has been working well. We don't hear any significant level of concern about the rankings that we put on content on a voluntary basis.'

However, Internal Affairs said that 'some providers' including Amazon Prime Video were not taking part in the Media Council's voluntary scheme and noted it had no powers to enforce any action if it received complaints from the public about how programmes had been rated.

Martin appeared to clearly favour a more prescriptive approach, introducing the discussion paper by saying the Government was 'looking to make the classification of on-demand video content mandatory' to bring it in line with other media.

But Pirie said mandatory labelling of internet TV by the Film and Video Labelling Body would put traditional broadcasters at an advantage.

They are allowed to determine their own classifications under a separate scheme overseen by the Broadcasting Standards Authority, which Pirie said meant they suffered consequences only later, if they were deemed to have got it wrong.

Martin indicated that if the Government did press ahead with mandatory labelling, it would only apply to paid internet television services, not free user-generated content such as free videos on YouTube.

Under the current rules, the chief censor already has the power to 'call in' unclassified publications for classification, but Internal Affairs said that power relied on the public viewing content and subsequently complaining.

'As the content has already been viewed, harm may already have occurred.'

Submissions on the discussion document are due by May 16.