The proposed Fairfax-NZME merger and its implications for democracy: What the merger reveals about New Zealand's legal commitment to protecting the constitutional role of new media

Abstract

The Commerce Commission is currently reviewing the proposed merger of Fairfax NZ Limited and NZME, which would see nearly 90% of New Zealand’s newspaper market held by a single company. However, it is unclear that the review process is designed to ensure that any changes in media ownership result in the right kind of important public consequences: the preservation of the constitutional role of the media. In this paper I seek to analyse what the merger process reveals about New Zealand’s legal commitment to protecting the public role of journalism. Ultimately, I conclude that there is a failure to promote diversity in the news media and ensure the right kind of consequence – a thriving democracy.