At PodLab, we often get asked:
‘Are podcasts subject to broadcasting standards in New Zealand?’
I contacted the Broadcasting Standards Authority (BSA) to gain clarity.
Here’s what I found out 👇
Podcasts Are Not Regulated Like Traditional Broadcasting
The BSA’s jurisdiction only covers “broadcasting’, which includes traditional radio and television, not on-demand content like podcasts published on platforms such as Spotify, Apple Podcasts, or YouTube.
Unless a podcast has also been broadcast on live radio or TV, it doesn’t fall under the Broadcasting Act 1989 or the BSA’s Code of Broadcasting Standards.
It’s Still Wise to Follow Good Content Practices
Even though the Broadcasting Standards don’t technically apply, the BSA recommends using them as a guideline, especially if your content could affect audiences, address sensitive issues, or reach young listeners.
There are also other laws and organisations that might apply to your podcast content:
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Defamation law – Don't make false or damaging claims about people or businesses.
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Harmful Digital Communications Act – Avoid bullying, threats, or harmful content.
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Advertising Standards Authority (ASA) – If you're running ads, sponsorships, or promotions, follow ASA guidelines.
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NZ Media Council – Mainly relates to news-style content or journalistic work.
If you're publishing publicly, you remain responsible for what you say. So, it’s worth being aware of the legal environment, even outside broadcasting.
Looking Ahead
The BSA also mentioned that upcoming government reforms could expand regulations to include online content like podcasts. That means the legal landscape might change in the future, so podcasters should stay informed about developments.
At PodLab, we’ll be watching this too, because while podcasts currently sit outside the Broadcasting Act, the industry is rapidly growing, and regulation is likely to catch up.
