Broadcasting and Television Amendment (Election Blackout) Act 1983

Overview

The Broadcasting and Television Amendment (Election Blackout) Act 1983, enacted in 1983, amends the Broadcasting and Television Act 1942. This amendment was introduced to address the problem of unfair influence on elections due to the broadcasting of political advertisements during critical periods close to polling day. The Act was enacted by the Parliament of Australia with the intention of ensuring a level playing field during elections by restricting the broadcasting of certain political content during specific periods before an election. It aims to prevent undue influence on voters by limiting the dissemination of election-related content in the final days leading up to an election. The Act provides for the prohibition of broadcasting or televising election advertisements during a specified period before an election, known as the "relevant period," which starts two weeks before polling day. The Act empowers the Tribunal to issue notices to licensees to comply with these restrictions. By setting these limitations, the Act seeks to maintain the integrity of the electoral process and ensure that all candidates and parties have an equal opportunity to communicate with voters.

Scope and Application

The Broadcasting and Television Amendment (Election Blackout) Act 1983 amends the Broadcasting and Television Act 1942, specifically focusing on the regulation of election-related content broadcast or televised by licensed stations. This Act applies to entities that hold licenses to operate broadcasting or television stations, particularly those that are ordinarily received in the area where an election is taking place. The Act’s jurisdiction is national, encompassing the entire Commonwealth of Australia. The Act restricts the broadcasting or televising of election advertisements during a specified period before polling day, aiming to ensure fairness and equal opportunity for all candidates during an election. The Act provides no specific exclusions but does define terms such as "election advertisement" and "relevant period" to clarify its application. The application of the Act can be extended or modified through subordinate instruments, although the Act itself does not explicitly mention this possibility.

Key Provisions

The Broadcasting and Television Amendment (Election Blackout) Act 1983 amends section 116 of the Broadcasting and Television Act 1942, introducing new requirements and restrictions on the broadcasting of election advertisements. Section 3(a) of the Act modifies subsection (4) to mandate that, when the writ for an election is issued, the Tribunal must notify the licensee of a broadcasting or television station, in writing, no later than 14 days before the relevant period of the election if the station's programs are ordinarily received in the area of Australia affected by the election. The Tribunal's notice requires the licensee to refrain from broadcasting or televising election advertisements in relation to that election during the relevant period. Section 3(a) also introduces subsection (4a), which prohibits a licensee from broadcasting or televising an election advertisement if they have been served with such a notice. Furthermore, section 3(b) replaces subsection (6) to redefine the term "election advertisement" to include any advertisement containing election matter where the licensee receives or is to receive consideration, announcements indicating sponsorship by a candidate or political party, and announcements regarding sponsorship by a political party where a candidate belongs to that party. This amendment aims to clarify the scope of what constitutes an election advertisement and to ensure that the restrictions on broadcasting such advertisements are clearly understood and enforced. The Act imposes several obligations on the parties it governs. The Tribunal, under section 3(a), must issue a written notice to the relevant licensees within 14 days prior to the relevant period if their programs are ordinarily received in the election area. This notice mandates that the licensee refrain from broadcasting or televising election advertisements during the specified relevant period. Failure to comply with this requirement may lead to legal consequences as outlined in the Act. Additionally, licensees are obligated to adhere to the definitions and restrictions provided in section 3(b) concerning election advertisements. This includes understanding and complying with the expanded definition of election matter, which now includes announcements of sponsorship by candidates or political parties, thereby ensuring that all relevant advertising is appropriately managed during the election period. The Act also delineates consequences for non-compliance with its provisions. Section 3(a) stipulates that a licensee who contravenes a notice served by the Tribunal to refrain from broadcasting election advertisements during the relevant period commits an offence. This offence is subject to penalties as prescribed by the relevant laws. The precise penalties are not specified within the Act itself but would be governed by the broader legal framework under which the Broadcasting and Television Act 1942 operates. Typically, such penalties could include fines or other sanctions, depending on the severity of the breach and the specific provisions of other applicable legislation. The Act thereby ensures that there are clear legal repercussions for those who fail to comply with the mandated restrictions on election advertising during the specified periods.