Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – November 2021

Overview

The Broadcasting Services Act 1992 was enacted to regulate the broadcasting industry in Australia, ensuring that broadcasters adhere to standards and codes of practice. This legislation was introduced to address the need for effective regulation of broadcasting services to maintain public interest, diversity, and freedom of expression. The Act is administered by the Australian Communications and Media Authority (ACMA), which has the responsibility of licensing broadcasters and ensuring compliance with the Act's provisions. The policy objective of the Act is to maintain a broadcasting system that is fair, efficient, and responsive to the needs of the community, whilst also promoting a diverse and competitive media market. The ACMA's role is to ensure that broadcasting services are provided in a manner that is consistent with the public interest, including the promotion of cultural diversity, the provision of local content, and the avoidance of harmful or offensive material.

Scope and Application

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – November 2021 pertains to the renewal of broadcasting service licences for several companies across different regions in Australia, as specified by the Australian Communications and Media Authority (ACMA). The Act applies to companies that have lodged applications for the renewal of their commercial broadcasting licences. These companies include Midwest Radio Network Pty Ltd, Radio West Broadcasters Pty Ltd, Votraint No. 691 Pty Ltd, Coastal Broadcasters Pty Ltd, Triple M Adelaide Pty Ltd, Nova Entertainment (Perth) Pty Ltd, and Regional Television Pty Limited, each holding a licence for specific service areas in various states and territories. The geographic reach of the Act is nationwide, with specific focus on the mentioned service areas in New South Wales, Western Australia, Victoria, Queensland, the Northern Territory, South Australia, and the Australian Capital Territory. The ACMA is mandated to renew these licences unless it determines that the applicant is no longer a suitable licensee based on the criteria outlined in sub-section 41(2) of the Act, which involves assessing the company's business record, its record in situations requiring trust and candour, and the records of its directors and executives, including any relevant convictions. The Act does not mandate an investigation or hearing for the renewal process, as stipulated under sub-section 47(3).

Key Provisions

The Broadcasting Services (Applications for Renewal of Licence Under Section 46(2) of the Broadcasting Services Act 1992) Notice – November 2021 issued by the Australian Communications and Media Authority (ACMA) informs that several broadcasting companies have applied for the renewal of their commercial broadcasting service licenses (sections 1-2). Midwest Radio Network Pty Ltd, Radio West Broadcasters Pty Ltd, Votraint No. 691 Pty Ltd, Coastal Broadcasters Pty Ltd, Triple M Adelaide Pty Ltd, Nova Entertainment (Perth) Pty Ltd, and Regional Television Pty Limited have each submitted applications for their respective licenses in Lithgow, Bunbury, Warragul, Darwin, Adelaide, Perth, and Queensland & Northern Territory service areas (section 1). According to section 46(2) of the Act, the ACMA must renew these licenses unless it decides that an applicant is no longer a suitable licensee, based on whether the company meets the criteria outlined in section 41(2) of the Act. Under section 41(2) of the Act, the ACMA may decide that a licensee is unsuitable if it is satisfied that allowing the licensee to provide or continue to provide a commercial broadcasting service under a licence would lead to a significant risk of committing an offence against the Act or the regulations, or breaching the conditions of the licence. When making this determination, the ACMA must consider various factors, including the business record of the company and its directors, the company’s record in situations requiring trust and candour, and whether the company or any of its directors have been convicted of an offence against the Act or the regulations (section 41(3)). It is important to note that the Act does not require the ACMA to hold an investigation or a hearing into whether a commercial licence should be renewed (section 47(3)). The obligations imposed by the Act on the broadcasting companies applying for license renewal are primarily related to ensuring that they meet the suitability criteria outlined in section 41(2). This includes maintaining a good business record, demonstrating a history of acting with trust and candour, and ensuring that none of the company’s directors or officers have a criminal record related to the Act or its regulations. The ACMA will review the companies’ applications against these criteria to determine whether they are suitable to continue providing commercial broadcasting services. Breach of the conditions outlined in section 41(2) of the Act may result in the ACMA refusing to renew a broadcasting license. This refusal can have significant consequences for the company, as it would prevent them from continuing to provide commercial broadcasting services. Additionally, if a company is found to have breached the conditions of their license, they may face further penalties under the Act, including fines or other sanctions. It is therefore essential for the companies to ensure that they meet the suitability criteria and maintain good standing with the ACMA to avoid any negative consequences.