The little-known tool to help hold social media giants to account

Wednesday, 30 July 2025

Andrew Cushen is the executive director for the Aotearoa New Zealand Code of Practice for Online Safety and Harms.

OPINION: Since the Government has raised the prospect of restricting under-16s access to social media, more people are interested in what can be done to manage safety and harm online. Somewhat lost in this conversation is the fact New Zealand already has in place a measure tailor-made for holding social media and other digital platforms to account, and for ensuring their behaviour reflects our values here in Aotearoa. It’s not the whole answer to the problem, but it can be part of the solution.

The Aotearoa New Zealand Code of Practice for Online Safety and Harms was developed nearly three years ago by Netsafe – an independent, non-profit online safety organisation – in collaboration with industry and in consultation with Government, Māori advisers, and the public. In what was hailed as a world-leading initiative, the code’s signatories Meta (Facebook and Instagram), Google (YouTube), TikTok, Twitch and X (formerly Twitter) committed to reducing the risk of online content that may cause harm to New Zealanders.

At the time, nowhere else in the world had “big tech” committed to a voluntary Code of Practice like this. Nowhere else in the world had digital platforms committed to independent oversight, regular reporting and an accountability mechanism to keep their commitments visible. In July, the code’s three-year review came due, and over the next few months we have the opportunity to enhance its relevance.

The code, which is administered by NZTech (the peak body for New Zealand’s tech sector), addresses key areas including bullying, child safety, disinformation, harassment, hate speech and misinformation with a simple mechanism via the code’s website for anyone to lodge complaints against perceived breaches. Signatories have pledged to reduce the prevalence of harmful content online; empower users to have more control and make informed choices; enhance transparency of policies, processes and systems; and support independent research and evaluation, collaborating with authorities as needed.

It’s important to note that the code isn’t set up to address complaints about specific content – there are processes specific to each digital platform for this – but rather whether a signatory has fulfilled its commitments under the code.

The code’s website also includes links and instructions on how to use the platforms’ own complaint policies for things outside of the code’s scope, and guidance on other content-administering organisations in New Zealand. It aims to be a “one-stop shop” where the public can go to get different concerns resolved.

While the code is not legally enforceable there is an accountability structure in the form of an oversight committee, to which the public can complain if they think signatories have breached the code. The oversight committee then has the power to remove a signatory from the code.

Signatories are required to submit annual compliance reports on measures they’ve taken to meet their obligations. These reports are then independently reviewed to assess their adequacy and how they can be improved.

While these reviews have found that the signatories are taking their commitments under the code seriously, it’s clear that the code has not been used as much as it could be. Only a few complaints have been made, and those have been in the past year. While none of these complaints were upheld – in one particular case the objectionable footage concerned had been removed as soon as the platform became aware of its presence – the system does provide an efficient mechanism for checking, challenging, and asking for action.

Of course, we know that a few complaints over three years does not mean no harm is being done every day on social media. While we would love to see the code being used more, we also don’t pretend it is perfect for all of the challenges in the online world. Clearly, though, New Zealand is better placed for having the Code and these commitments from digital platforms.

To make the most of these commitments we need to check that the code still reflects our values, and our requirements and expectations of social media platforms.

This is why the review we will undertake of the code over the next few months is so important, as we test whether the code is still acting as it needs to. This couldn’t be more timely, given the attention on safety online from the proposed ban for under-16s. This review, by myself with the backing of the code’s oversight committee, will be an opportunity for all New Zealanders to share their views on whether we have the settings right for commitments from social media and video sharing platforms, and how we hold them accountable. We can use this as an opportunity to consider bolstering the code’s powers and finding ways for it to be more visible and better used.

We will be involving as many voices as we can in this process. As many of those working in this area have pointed out, countering online harm is a complex, nuanced job, requiring considered input from all interested parties. I would love to involve the Minister of Justice and the Minister for Youth in the process, just as I’ll be involving the social media and digital platforms themselves. We’ll also be inviting other organisations to work with us and share the perspectives of their communities on how the code operates. This way, the review will be as authentic and thorough as possible.

More information on the review can be found on our website. For now, we acknowledge that the code is a small, albeit important part of ways to improve the online environment for those most at risk of harm. But this year is our chance to make sure that what started as a world-leading initiative still reflects what New Zealanders want.