19 April 2023

Privacy and the New Media

19 April 2023

New media

• Websites

• Blogs

• Social media

Issues Paper Part 1

The Privacy Act news media exemption

“Agency does not include –

(xiii) in relation to its news activities, any news medium”

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The Press Council (newspapers) and the BSA (broadcasters) have privacy protection in their codes of practice

Most of the ‘new media’ are not subject to them

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19 April 2023

Proposal: that communicators of news should only be able to claim the Privacy Act exemption if they are subject to a code of practice and a regulator.

Proposal: a single regulator, independent of state and industry.

Members of new media could join up if they wish, provided:

•news is a substantial part of their activity

•they disseminate to a public audience

•they do so on a regular basis

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Issues Paper Part II

Speech harms

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Harmful material includes:

•Intimate pictures

•Private information

•Harassment

•Cyber-bullying

•Impersonation

•Offensive publications

•Threats

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Some possible amendments:

Privacy Act – ‘domestic affairs’ exception

‘publicly available’ exception

Impersonation

Offensive publication

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Enforcement

• NetSafe

• Police

• Moderation

• Court action

19 April 2023

Some suggestions

1. A Commissioner

2. A tribunal

•Cheap

•Informal

•Quick

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• Could only act if breach of law; demonstrable harm.

• Could make orders available to a court.

• How effective would it be?

• Relationship to other agencies?

19 April 2023