Broadcasting Services Amendment Act (No. 2) 1997

Overview

The Broadcasting Services Amendment Act (No. 2) 1997 was enacted by the Parliament of Australia to address specific issues within the broadcasting industry, particularly concerning the classification and broadcasting of films on narrowcasting television services. This Act sought to amend the Broadcasting Services Act 1992 by introducing tighter regulations on the classification and broadcasting of films, ensuring that the content broadcasted is suitable for the intended audience and adheres to the classification system administered by the Office of Film and Literature Classification. The policy objective behind these amendments was to maintain appropriate content standards and protect viewers, particularly children, from potentially harmful material.

Scope and Application

The Broadcasting Services Amendment Act (No. 2) 1997 amends the Broadcasting Services Act 1992, introducing specific provisions related to the classification and broadcasting of films by providers of open narrowcasting television services and subscription television narrowcasting services. The Act applies to entities holding class licences to provide these services, imposing conditions on the types of films that can be broadcast, specifically those classified as "X" or refused classification, as well as those requiring modifications for suitability. The geographic reach of the Act is federal, impacting services provided within Australia, governed by the Commonwealth. The Act's provisions are enforceable through the mechanisms outlined in the Broadcasting Services Act 1992, and it may be extended or restricted through subordinate instruments such as regulations or codes of practice, although no such instruments are specified within the text of the Act itself.

Key Provisions

The Broadcasting Services Amendment Act (No. 2) 1997 primarily focuses on amending the Broadcasting Services Act 1992. The main operative sections of the Act require industry groups representing providers of open narrowcasting television services to develop codes of practice that adhere to specific criteria when classifying and broadcasting films. For instance, Section 123(3C) stipulates that codes must apply the film classification system administered by the Office of Film and Literature Classification, and provide for methods to modify films so they are suitable for broadcast. This includes setting specific broadcast times for films classified as “M” and “MA.” Furthermore, the Act mandates that these codes should not allow films classified as “M” or “MA” to portray material beyond the previous “AO” classification criteria, as outlined in Section 123(3C)(e). The Act imposes several obligations on the parties it governs. For example, it mandates that industry groups representing open narrowcasting television services must develop codes of practice in accordance with the requirements set out in the Act. Additionally, licensees of open narrowcasting television services must adhere to certain conditions, including not broadcasting programs that have been refused classification or classified as “X” by the Office of Film and Literature Classification, and ensuring that films classified as “R” are modified appropriately before broadcast, as stated in Section 123(3C)(b). Similarly, subscription television narrowcasting service licensees are prohibited from broadcasting programs that have been refused classification or classified as “X.” Breaching the provisions of this Act can lead to various civil and criminal consequences. Although the Act does not specify maximum penalties, any non-compliance with the established codes of practice or broadcast conditions could result in enforcement actions by the relevant authorities. Such actions may include fines, suspension, or revocation of broadcasting licenses, as well as other legal repercussions under the Broadcasting Services Act 1992. Given the regulatory nature of the Act, compliance is crucial to avoid these potential consequences.