KEY POINTS:
New Zealand's print media watchdog will be given more teeth to handle complaints against publications and promote media freedom.
The first independent review of the Press Council, by former High Court judge Sir Ian Barker and Victoria University economics professor Lewis Evans, recommends the council be given a new power of censuring publications and abolishing a litigation waiver before complaints are accepted for council adjudication.
The review wants the Press Council to become a separate legal entity, enhancing the perception of its independence from its industry funders, and to be "more amply resourced".
While their inquiries, survey results and the public-industry balance on the council did not support submissions to the review that the Press Council lacked independence from its funders, many submitters believed it was under-funded.
Its annual budget was about $160,000, but the Advertising Standards Authority's budget was around $730,000.
While the council now decides whether a complaint should be upheld or not, the reviewers want the adjudication system extended, so that a publication can be censured "to send a message of rebuke for a job poorly done".
The reviewers say the council should continue to publish all decisions on its website but also be able to stipulate the prominence that publications must give to publishing summaries of decisions against them.
If there was a possibility of legal action by complainants, they were asked to sign a waiver against suing a publication before their complaint was considered.
The reviewers were "not impressed" by media justification of the waiver that complainants could seek a "dry run" in the council before going to court.
"Defamation actions should be avoided if at all possible, mainly because of cost to the parties in money, time and human resources. We also note that ... complaints that go to the Press Council are generally of a quite different nature from those where an award of damages is possible: eg comments about minorities where no individual is targeted."
Sir Ian and Professor Evans recommended abolition of the waiver, saying it was of "doubtful legal validity", but they favoured complainants not being allowed to start legal proceedings while a complaint was before the Press Council.
- NZPA
