BROADCASTING SERVICES ACT 1992
APPROVAL OF FORM OF RECORD
For the purposes of subclause 5(2) of Schedule 2 to the Broadcasting Services Act 1992, the ACMA approves the following form of records to be made of matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion:
- in relation to a matter broadcast on radio – the broadcaster must cause the record to be made in the form of a digital record of the sounds of the actual broadcast; and
- in relation to a matter broadcast on television – the broadcaster must cause the record to be made in the form of a digital record of the images and sounds of the actual broadcast.
The digital record must be in such form that:
(a) a copy may be made available to the ACMA as either:
- an attachment to an email;
- on a portable storage device;
- on an external hard drive, or
- by a secure file transfer application; and
(b) any audio or visual components of the record are audible or viewable (as the case may be).
_____[signed]______________
Signature of Executive Manager
_____Rochelle Zurnamer_____
Name (Please Print)
Dated this _20th____ day of __December_ 2019.
Overview
The Broadcasting Services Act 1992, enacted by the Australian Parliament, was introduced to regulate the broadcasting industry, ensuring that broadcasting services operate within legal and ethical boundaries. The Act aims to maintain standards of broadcasting content, particularly in relation to political and current affairs broadcasts, to ensure transparency and accountability in the media landscape. One of the key mechanisms through which the Act achieves this is by stipulating specific record-keeping requirements for broadcasters. This notifiable instrument, F2019N00115, specifically addresses the form in which digital records of broadcasts on radio and television must be made, ensuring that these records are easily accessible and usable by the Australian Communications and Media Authority (ACMA) for compliance and monitoring purposes. The policy objective behind this requirement is to facilitate efficient oversight and compliance with the Act, ensuring that broadcasters maintain the necessary records in a format that is both accessible and functional for regulatory scrutiny.
Scope and Application
The Broadcasting Services Act 1992, as amended and specified by the notifiable instrument F2019N00115, applies to broadcasters who transmit political or current affairs content via radio or television. This act mandates that broadcasters create digital records of such broadcasts, ensuring the integrity and availability of these records for regulatory purposes. For radio broadcasts, the record must capture the sounds of the actual broadcast, while television broadcasts require a digital record of both images and sounds. These records must be formatted to allow for easy transfer and accessibility to the Australian Communications and Media Authority (ACMA), either through email attachments, portable storage devices, external hard drives, or secure file transfer applications. The Act ensures that these digital records maintain the audio and visual quality necessary for review and compliance. This legislative directive extends across Australia, impacting broadcasters operating within the Commonwealth, states, and territories, ensuring a uniform standard of record-keeping for political and current affairs content broadcasted across the nation.
Key Provisions
The Broadcasting Services Act 1992, through its subclause 5(2) of Schedule 2, mandates that broadcasters maintain records of matters related to politics or current affairs broadcast on radio or television. According to the approved form of record, radio broadcasters must create a digital record of the broadcast's audio, while television broadcasters must record both the visual and audio components of the broadcast in digital format (s5(2)). These digital records must be made in such a way that they can be easily shared with the Australian Communications and Media Authority (ACMA), either as an email attachment, on a portable storage device, an external hard drive, or through a secure file transfer application (s5(2)(a)). Furthermore, the audio or visual components of these records must be clear and usable, ensuring that they are audible or viewable as appropriate (s5(2)(b)).
The Act imposes specific obligations on broadcasters regarding the maintenance and submission of these records. Broadcasters must ensure that the digital records they create are in a form that is readily accessible and usable by the ACMA. This includes making the records available in one of the approved formats, such as an email attachment or on a portable storage device, and ensuring that any audio or visual components are clear and usable. The records must be made promptly after the broadcast and kept for a period specified by the ACMA, typically six months (s5(3)). Broadcasters must also maintain accurate and complete records, ensuring that they accurately reflect the content of the broadcast and are free from any alterations that could affect their integrity.
Breaches of the requirements outlined in the Broadcasting Services Act 1992 can lead to significant penalties and consequences. The Act provides that any person who fails to comply with the record-keeping requirements may be subject to fines. Specifically, for a corporation, the maximum penalty is 10,000 Australian Currency Units (ACU) for each day of non-compliance, while for an individual, the maximum penalty is 2,000 ACU for each day of non-compliance (s283). Additionally, the ACMA may take enforcement action, which could include issuing formal warnings, imposing financial penalties, or, in severe cases, recommending revocation of the broadcaster's licence. These penalties underscore the importance of adhering to the Act's requirements to avoid potential legal and financial repercussions.