My submission to the Aotearoa New Zealand Public Media Bill

Republishing so that struggling journos who are tearing their hair out know that others are witnessing the collapse of long-form, investigative journalism, and attempting to speak to this catastrophe.

(NB. This submission was a quick one so there are a couple of grammatical errors and typos.)

1)    I Jodie Bruning, urge that the Bill reflect the public good role of media and journalism.

2)    A New Zealand ‘national identity’ serves little purpose if society is not free and fair. In order to protect New Zealand’s democratic society, I submit that the information arm of the public service must be sufficiently charged to ensure that the key principles of democratic function are protected.

3)    In modern society, the public can access all manner of entertainment. I confirm the necessary priority of the Aotearoa New Zealand Public Media Bill but urge that officials and journalists operating under this statutory authority have a specific obligation in the purpose of the document to ensure that New Zealand has a robust informational environment to support a robust democracy and serve the national interest.

4)    I consider this is important in order for Ministers and officials to give effect to the principles of te Tiriti o Waitangi/the Treaty of Waitangi.

5)    This is because Māori have a long history of the Crown failing to honour the principles, and that opaque governance environments can create and perpetuate barriers to public knowledge that delay the honouring of these obligations.

6)    I urge this also because:

a.     the issues that create harm are often complex, uncertain and nuanced. They are socio-political and often a function of political and historical decision-making by the government that looks to short term solutions that add to complexity, rather then than ensure transparent and accountable stewardship – kaitiakitanga.

b.     power imbalances when the claims of large institutions pitted against claims of New Zealand citizens are magnifying. It is not easy to guard the public interest in 2022, and states can struggle to protect the sovereignty of citizens, particularly when the power of large global institutions may dwarf an individual nation-state.

c.     Large global institutions have financial interests in social media and in the commercial informational environment, creating further barriers to knowledge.

d.     Institutional interests may often represent informational and scientific facts that then underpin policy, as if they are apolitical. However when such institutions have a financial or political interest in an outcome, and there is little public consultation, informational and scientific facts may be found to have been produced specifically for the purpose of directing policy in such a way that specifically serves the political or financial interest of an institution or powerful individual.

e.     When institutions partner with government, where their is Institutions who partner with government, and whose technology is authorised and then deployed into daily life, have a financial interest in an outcome that serves this interest. It can become very difficult to understand the private funding of science that may not be counterbalanced by public sector science, and articulate the this imbalance, particularly when an issue is uncertain, complex and dynamic.

f.      Further barriers to public knowledge arise when, the processes by which these scientific facts are rendered, often require that they are hidden in secret commercial in confidence agreements.

g.     I also observe the secrecy surrounding the signing of treaties, when commercial interests have participated while public interests have been excluded. I observe the close relationships with government institutions with social media operators to censor and alter algorithms in order to alter search patterns.

7)    In such a world, the public face immense barriers to knowledge. Democracy, justice and equality are central pillars of democratic life. However, without an independent media that has at high level been tasked to identify the facts of a matter, the facts have may become distorted by financial and political interests. This is not a new problem, it is as old as human life. In opaque political environments, justice can easily be delayed, and much harm occur, before the facts rise to the surface.

8)    In such an environments, it is very challenging for an individual journalist to be fear fearless and frank. The act of being unbiased may be, for many insurmountable, if there is not legislation that compels New Zealand public media to support journalism that is to be held at arm’s length from powerful interests.

9)    Therefore, public media require that their obligation to serve the public good is clearly outlined and placed at high level in legislation, so as to serve a public-good informational role in times of controversy, and prevent antagonistic polarisation.

10) Recognition of the state’s fiduciary obligation to make allowance for the substantial power imbalance between the average citizen, and the power of the state, might underpin and support this recommendation to amend the Aotearoa New Zealand Public Media Bill to ensure there is a greater emphasis on protecting the national interest.

11) The issue of course, is where does an accountable and transparent democracy stop, and tyranny commence? How does civil society have a just public service, if they are not held accountable, even in emergencies or in times of war?

a.     There is never a line – this is a tension that democratic societies must manage.

12) In such a world, it is critical that Aotearoa New Zealand’s public media has the autonomy to critically explore risk, policy, and the capacity for the private sector and it’s allied institutional affiliations to distort the public interest.

13) I request that lower order Objectives in (11) are repositioned at a higher level to emphasise and protect the national interest.

SPECIFICALLY THAT:

Subpart 2—Charter

(Suggested changes in bold).

11Objectives

(1) The purpose of Aotearoa New Zealand Public Media is to contribute to—

(a) a strong and distinctive New Zealand identity; and

(b) support the individual interests and public security of the citizens of New Zealand

(c) valued, visible, and flourishing te reo Māori and tikanga Māori; and

(d) an inclusive, enriched, and connected society; and

(e) upholding and protecting a healthy, informed, and participative democracy.

(2) Aotearoa New Zealand Public Media’s objectives are to—

Healthy, informed, and participative democracy

(a) uphold freedom of the press as fundamental to a free society:

(b) support all New Zealanders to be informed and engaged citizens who participate fully in society:

(c) foster critical thought, counter misinformation, and promote informed and many-sided debate:

(d) support freedom of thought and expression.

(e) build awareness of the world and of New Zealand’s place in it:

Strong and distinctive New Zealand identity

(f) reflect, represent, and help to shape the development of New Zealand’s unique identity and culture:

(f) provide shared experiences that contribute to a sense of citizenship and national identity:

Valued, visible, and flourishing te reo Māori and tikanga Māori

(h) reflect the contribution of te ao Māori to a unique New Zealand identity and culture:

(i) promote understanding and use of te reo Māori and tikanga Māori among all New Zealanders:

(j) promote the telling of Māori stories to all New Zealanders:

Inclusive, enriched, and connected society

(k) reflect, include, and serve New Zealand’s diverse society, languages, and cultures:

(l) support children’s and young people’s—

(i) emotional, physical, and mental well-being:

(ii) creativity, learning, and development:

(iii) social participation and sense of belonging:

(iv) education concerning civic and democratic responsibility:

(h) ensure that content and services are available and accessible to—

(i) all regions and communities; and

(ii) New Zealanders of all ages, genders, abilities, and ethnicities: