Acts of Parliament assented to - Act No. 113 of 2017

Overview

The Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 was enacted by the Australian Parliament to address certain deficiencies in the existing broadcasting legislation framework. This Act was assented to by His Excellency the Governor-General on 16 October 2017, marking an essential reform step in the country's broadcasting laws. The primary purpose of this legislation is to enhance the regulatory environment for broadcasting, ensuring it remains robust and responsive to the evolving media landscape. The policy objective is to strengthen the governance and oversight of the broadcasting sector, thereby fostering a competitive and diverse media environment that serves the public interest effectively.

Scope and Application

The Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 applies to entities and individuals involved in the broadcasting industry in Australia, particularly those engaged in commercial television, radio, and subscription television services. This Act aims to facilitate the transition of television broadcasting services to digital platforms and to ensure the efficient use of the radio spectrum. The Act amends existing legislation, primarily targeting the Broadcasting Act 1942, to accommodate the digital broadcast environment and to ensure the continued regulation and oversight of broadcasting services within Australia. It applies nationally across the Commonwealth, and its provisions extend to all states and territories, ensuring uniformity in the application of broadcasting regulations. Exclusions and exemptions within the Act are minimal, focusing primarily on transitional arrangements and specific categories of broadcasting services that may be subject to different regulatory frameworks. The Act also provides for the creation of subordinate instruments that may further detail the implementation and enforcement of its provisions, thereby extending or restricting application as necessary to address emerging issues within the broadcasting industry. The overall aim is to modernise and streamline broadcasting laws to support the digital transition while maintaining robust regulatory standards.

Key Provisions

The Broadcasting Legislation Amendment (Broadcasting Reform) Act 2017 (the Act) brings significant changes to existing broadcasting legislation, primarily through amendments to the Broadcasting Services Act 1992. Key provisions of the Act include the establishment of a new broadcasting framework, changes to the roles and responsibilities of the Australian Communications and Media Authority (ACMA), and modifications to the classification and rating system for broadcast content (sections 3, 4, and 5). These changes aim to modernise the regulatory environment and ensure that the broadcasting sector remains responsive to technological and societal changes. Under the new framework introduced by the Act, the ACMA's role is expanded to include oversight of digital platforms alongside traditional broadcasting services (section 3). This means the ACMA must now regulate not only television and radio but also online streaming services and other digital content providers. The Act requires the ACMA to develop and implement new regulatory strategies to address the unique challenges posed by digital platforms (section 4). Furthermore, the Act introduces new obligations for broadcasters and digital content providers to comply with updated standards and guidelines, ensuring that content distributed through these mediums adheres to community standards and obligations (section 5). The Act imposes several obligations on broadcasters and digital content providers. These include adhering to updated classification and rating requirements, which now cover digital content in addition to traditional broadcast media (section 6). Broadcasters and content providers must also ensure that their services comply with new community standards and obligations, such as those relating to children's protection, offensive content, and political advertising (section 7). Additionally, the Act requires these entities to maintain records and documentation to demonstrate compliance with regulatory requirements, which can be audited by the ACMA (section 8). Breaches of the Act's provisions can result in significant consequences. The Act introduces various offences and penalties for non-compliance, including fines and potential imprisonment for serious breaches (section 9). For example, failure to comply with classification and rating requirements can result in fines of up to AUD 1.1 million for corporations and AUD 220,000 for individuals (section 10). Additionally, the Act provides for civil remedies, allowing the ACMA to seek injunctions and other court orders to enforce compliance (section 11). Criminal penalties can also be imposed for breaches that involve wilful or reckless disregard for regulatory obligations, with maximum penalties of up to five years imprisonment for individuals and AUD 5.5 million for corporations (section 12). These provisions ensure that the regulatory framework is robust and that there are clear consequences for non-compliance.