Broadcasting and Television Act 1956

Overview

The Broadcasting and Television Act 1956 was enacted to address the need for a comprehensive regulatory framework governing both radio and television broadcasting in Australia. This Act amended the Broadcasting Act 1942–1954, integrating the regulation of television broadcasting into the existing legislative structure. The Act was assented to on 20 June 1956 by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia. The policy objective was to streamline and centralise the oversight of broadcasting services, ensuring they met the interests of the public and national standards. The Australian Broadcasting Control Board was tasked with ensuring the provision of services by broadcasting and television stations, maintaining technical standards, and overseeing the content provided by commercial broadcasters to serve the public interest.

Scope and Application

The Broadcasting and Television Act 1956 (Cth) applies to persons and entities involved in the broadcasting and television industries within Australia, including the Australian Broadcasting Commission (ABC), commercial broadcasters, and television stations. The Act governs the operations, programming, and licensing of broadcasting and television stations, as well as the establishment and functions of the Australian Broadcasting Control Board (ABCB) and the ABC. The Act has a national jurisdictional reach, applying to all states and territories within the Commonwealth of Australia. Key provisions of the Act include the establishment and functions of the ABCB, which are responsible for ensuring that broadcasting and television services are provided in accordance with approved plans, maintaining appropriate technical standards, and ensuring the provision of adequate and comprehensive programmes. The ABCB has the authority to determine the location and operating parameters of broadcasting and television stations, regulate the establishment and operation of networks, and set conditions for the broadcasting and televising of advertisements. The Act also outlines the functions and powers of the ABC, which includes providing national broadcasting and television services, and mandates the production and presentation of programmes that serve the best interests of the general public, with a focus on supporting Australian artists. Licensing provisions within the Act govern the issuance, renewal, and revocation of commercial broadcasting and television station licenses by the Minister, subject to the recommendations of the ABCB. The Act imposes limitations on the ownership and control of commercial broadcasting and television stations to prevent excessive concentration of media ownership and ensure diversity in media control. It also sets out detailed technical, programming, and operational standards for commercial broadcasters and television stations, including requirements for programme content, censorship, and the broadcasting of political and controversial matter. The Act extends its application through subordinate instruments, such as regulations and guidelines, which may provide further detail on the implementation and enforcement of the Act's provisions. The Act does not explicitly state any exclusions, exemptions, or thresholds, but the licensing and regulatory provisions imply that certain activities may be exempt from licensing requirements if they fall outside the scope of commercial broadcasting or television services.

Key Provisions

• The Broadcasting and Television Act 1956 amends the Broadcasting Act 1942–1954 to introduce television services and regulate both broadcasting and television under a single piece of legislation. The Act establishes the Australian Broadcasting Control Board (Board) and the Australian Broadcasting Commission (Commission) with expanded roles and functions to oversee broadcasting and television services. The Board's main functions include ensuring that broadcasting and television services comply with approved plans and standards, providing comprehensive and adequate programming, and regulating the establishment and operation of broadcasting and television networks. The Commission is tasked with providing national broadcasting and television services, including the production and broadcasting of programs deemed to be in the public interest.
• The Act imposes various obligations on licensees of commercial broadcasting and television stations, including adherence to technical standards, programming requirements, and operational hours set by the Board. Licensees must ensure that their programming complies with standards set by the Board and refrain from broadcasting or televising content that is blasphemous, indecent, or obscene. They are also required to keep detailed records of their operations and make these available to the Board upon request. The Act further mandates that licensees must not broadcast or televise any work or part of a work in which copyright subsists without the consent of the copyright owner and must not broadcast or televise news or information obtained from newspapers without a proper agreement in place.
• Breaches of the Act may result in civil or criminal penalties. For instance, broadcasting or televising obscene, indecent, or blasphemous content can lead to criminal charges, with prosecutions only proceeding with the Minister's consent. Additionally, the Board has the authority to prohibit individuals from rendering items for broadcasting or televising if they have been involved in broadcasting objectionable content. Failure to comply with the Act's requirements, such as operating a television receiver without a valid license, can result in fines. The specific penalties, such as the maximum fines and imprisonment terms, are detailed within the various sections of the Act. For example, section 91 outlines penalties for broadcasting or televising objectionable items, while section 96a details offenses related to television viewer's licenses.

Legal classification tags

Area of Law

Media & Entertainment Law

Instrument

Act

Concepts

Definitions & Interpretation

Commencement Provisions

Repeal & Amendment

Delegated & Subordinate Legislation

Reporting & Disclosure Obligations

Enforcement Powers

Exemptions & Exclusions

Administrative Discretion