Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1)

Overview

The Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1) was enacted to update the Broadcasting Services (Australian Content) Standard 2005 (ACS) to reflect changes made in the Children’s Television Standards 2009 (CTS 2009). This variation was determined by the Australian Communications and Media Authority (ACMA) and commenced on 1 January 2010. The primary objective of the ACS is to promote the role of broadcasting services in developing and reflecting Australian identity, character, and cultural diversity by supporting community access to television programs produced under Australian creative control. This objective aligns with section 3(e) of the Broadcasting Services Act 1992 (BSA). The variation ensures that all references within the ACS to the CTS are consistent with the new standards and numbering structure in the CTS 2009, thereby maintaining the integrity and relevance of the standards.

Scope and Application

The Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1) applies to all commercial television licensees operating in Australia, as these entities are mandated by the Broadcasting Services Act 1992 to comply with Australian content standards. These standards are designed to foster a sense of Australian identity, character, and cultural diversity through television programming produced under Australian creative control. The geographic and jurisdictional reach of the Act is national, applying uniformly across all states and territories of Australia. The variation made by this legislative instrument is a technical update to the Broadcasting Services (Australian Content) Standard 2005, necessitated by the introduction of new Children's Television Standards 2009. It ensures that references within the Australian content standards accurately reflect the updated numbering and structure of provisions in the Children’s Television Standards 2009. There are no exclusions, exemptions, or thresholds specified within this variation, as it solely concerns the alignment of references between the two sets of standards. The variation does not extend or restrict the application of the underlying standards beyond what is already prescribed by the Broadcasting Services Act 1992.

Key Provisions

The Broadcasting Services (Australian Content) Standard Variation 2009 (No. 1) primarily involves modifications to the Broadcasting Services (Australian Content) Standard 2005 (ACS) to ensure that references align with the updated Children’s Television Standards 2009 (CTS 2009). Section 6, which deals with definitions, has been revised to correct references from the Children’s Television Standards 2005 (CTS 2005) to the CTS 2009, ensuring terms such as 'Australian C Drama', 'C band', and 'C program' align with the new standard’s definitions. The note in Section 14, which pertains to Australian children’s programs, has been updated to reflect the change from CTS 3 to CTS 8 in the CTS 2009, and a new note has been added to clarify the definition of 'C period'. Similarly, Section 15, concerning Australian preschool programs, has been adjusted to correct references from CTS 3 to CTS 8 in the CTS 2009. These changes impose specific obligations on commercial television licensees to ensure their programming complies with the updated ACS. By aligning references to the CTS 2009, licensees must ensure their children’s and preschool programs meet the new standards as outlined in the updated CTS. This includes verifying that their programming adheres to the definitions and requirements specified in both the ACS and the CTS 2009. Licensees are also required to maintain records demonstrating compliance with these standards, should they be audited by the Australian Communications and Media Authority (ACMA). Failure to comply with the ACS could result in enforcement actions by the ACMA. While specific penalties are not detailed in the explanatory statement, breaches of broadcasting standards can typically lead to administrative actions, fines, or other enforcement measures as stipulated under the Broadcasting Services Act 1992 (BSA). In severe cases, continued non-compliance might result in penalties such as suspension or revocation of the broadcasting licence. These measures are designed to ensure broadcasters adhere to the standards intended to promote Australian content and cultural diversity.