Navigating the Boundaries of Digital Platform Content Regulation in New Zealand

Abstract

This article examines the complexities of implementing online content regulation in a small jurisdiction such as New Zealand. Three attempts at hate speech and online content regulation have faltered, in part due to the difficulty of crafting precise legal definitions and different possible conceptions of harm. The ‘safer online services and media platforms’ policy is the most recent. Given New Zealand’s limited market size and the global reach of online platforms, enforcing local content standards is both impractical and potentially ineffective. Most content originates offshore, beyond the scope of domestic legislation, and technological solutions to tailor content to individual user groups are costly and easily circumvented. Existing domestic laws and voluntary industry codes combined with the spillover effects of regulations in larger jurisdictions and international multi-stakeholder efforts likely offer more effective solutions then local legislation. Hence, fostering international cooperation, leveraging global standards and encouraging voluntary compliance should be encouraged.