Broadcasting Services Clarification Notice 2002

Overview

The Broadcasting Services Clarification Notice 2002 was made by the Australian Broadcasting Authority under paragraph 19(1)(b) of the Broadcasting Services Act 1992. This legislative instrument was enacted to clarify the criteria specified in section 18 of the Act, particularly in relation to broadcasting services provided as radio services using an AM or FM signal within the broadcasting services bands and not made available solely on payment of subscription fees. The primary aim of this notice is to provide guidance on the classification of certain broadcasting services, ensuring they comply with the legislative framework set forth in the Broadcasting Services Act. This notice addresses the need for clarity in determining whether a broadcasting service qualifies as an open narrowcasting service based on its targeting of specific audiences and the nature of the groups it serves. The Broadcasting Services Clarification Notice 2002 aims to assist broadcasters and the Australian Broadcasting Authority in applying the criteria for open narrowcasting services more effectively. It specifically targets broadcasting services aimed at particular age groups and clarifies that special interest groups need not be formally organised to qualify under the Act. This legislative instrument helps to ensure that the broadcasting services provided are correctly classified and regulated in accordance with the objectives of the Broadcasting Services Act.

Scope and Application

The Broadcasting Services Clarification Notice 2002 applies to broadcasting services in Australia as defined under the Broadcasting Services Act 1992, specifically targeting those services provided as radio services using AM or FM signals within the designated broadcasting service bands, and not exclusively available to subscribers. The Notice aims to elucidate the criteria specified in section 18 of the Act concerning open narrowcasting services, ensuring that the particular characteristics of each service are considered when determining its classification. This includes services targeted at specific age groups or special interest groups, regardless of whether these groups are formally organized. Notably, if a service is directed towards individuals under the age of 10, it is classified as an open narrowcasting service, irrespective of other factors. The Notice's jurisdiction extends nationally across Australia, with its provisions enforced by the Australian Broadcasting Authority. The Notice does not create new laws but rather clarifies existing legislative criteria, with potential for further refinement through subordinate instruments as necessary.

Key Provisions

The Broadcasting Services Clarification Notice 2002 (Notice) provides clarity on certain criteria specified in section 18 of the Broadcasting Services Act 1992 (Act) for broadcasting services that meet particular conditions. Section 4 of the Notice specifies that it applies to services provided as radio services using an AM or FM signal within the broadcasting services bands, and which are not made available only on payment of subscription fees. This means that the Notice primarily concerns radio broadcasts that are accessible to the public without a subscription. Under section 5 of the Notice, a broadcasting service that does not meet all the criteria outlined may still qualify as an open narrowcasting service if its individual characteristics permit it. This provision provides some flexibility in the application of the criteria to ensure that services which closely resemble open narrowcasting services are not unfairly excluded. Section 6 addresses services targeted at specific age groups or ranges, clarifying that a service targeted at an audience under 10 years old is considered an open narrowcasting service. However, if the service targets an audience outside this age group, it is not automatically disqualified as an open narrowcasting service solely based on its target demographic. The obligations imposed by the Notice on broadcasting services include ensuring that their services meet the specified criteria for open narrowcasting or are aware of the exceptions that may apply. Broadcasters must also be mindful of how they target their audience, particularly in relation to age demographics, as this can impact the classification of their service. Breaches of the criteria set out in the Notice could have significant implications. While the Notice itself does not explicitly detail offences or penalties, non-compliance with the Act’s criteria could result in actions being taken under the Act. This may include orders, fines, or other enforcement actions as prescribed by the Act. The maximum penalties for breaches of the Act can vary depending on the nature and severity of the breach but could potentially include substantial fines and other legal repercussions.