Broadcasting Services (Commercial Radio Advertising) Standard 2000
as amended
made under subsection 125 (1) of the
Broadcasting Services Act 1992
This compilation was prepared on 23 August 2010
taking into account amendments up to Variation to the Broadcasting Services (Commercial Radio Advertising) Standard 2000
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
Part 1 Introduction
1 Name of standard [see Note 1]
2 Duration
3 Object of standard
4 What this standard does
Part 2 Terms used in this standard
5 Definitions
Part 3 Advertisements clearly distinguishable by listeners
6 Distinguishing Advertisements
Notes
Advertisements distinguishable from other commercial radio programs
Part 1 Introduction
1 Name of standard [see Note 1]
This standard is the Broadcasting Services (Commercial Radio Advertising) Standard 2000.
2 Duration
This standard commences on 15 January 2001.
3 Object of standard
The object of this standard is to encourage commercial radio broadcasting licensees to respect community standards by ensuring advertising is clearly distinguishable from all other programs.
4 What this standard does
This standard requires licensees to ensure that advertisements are distinguishable from other programs.
Part 2 Terms used in this standard
5 Definitions
In this standard:
Act means the Broadcasting Services Act 1992.
advertisement means
(a) material broadcast a substantial purpose of which is to draw public attention to, or to promote, directly or indirectly, an organisation, a product, service, belief or course of action; and
(b) consideration has been provided by or on behalf of an organisation or a supplier of the product or service to a licensee, or to a presenter, or an associate of a presenter for the broadcast of that material.
associate of a presenter means any person including without limitation, a corporation or a trustee of a trust) which has, or purports to have, the right to provide the services of the presenter to any person.
consideration means any valuable consideration other than the provision, at no charge, of a product or service solely for review.
licensee means a holder of a commercial radio broadcasting licence.
presenter means the on‑air presenter of a program broadcast by the licensee.
Part 3 Advertisements clearly distinguishable by listeners
6 Distinguishing Advertisements
Advertisements broadcast by the licensee must be presented in such a manner that the reasonable listener is able to distinguish them from other program material.
Notes to the Broadcasting Services (Commercial Radio Advertising) Standard 2000
Note 1
The Broadcasting Services (Commercial Radio Advertising) Standard 2000 (in force under subsection 125 (1) of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title | Date of notification
in Gazette or FRLI registration | Date of
commencement | Application, saving or
transitional provisions |
Broadcasting Services (Commercial Radio Advertising) Standard 2000
(F2006B00450) | 29 Nov 2000 (see Gazette 2000,
No. GN47) | 15 Jan 2001 | |
Variation to the Broadcasting Services (Commercial Radio Advertising) Standard 2000
(F2005B03340) | 26 Mar 2003 (see Gazette 2003,
No. GN12) | 26 Mar 2003 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
Part 1 | |
C. 2.................. | am. F2005B03340 |
Overview
The Broadcasting Services (Commercial Radio Advertising) Standard 2000 was enacted to address the need for clear differentiation between commercial radio advertisements and other broadcast content, in line with the Broadcasting Services Act 1992. This legislative instrument was prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, and came into effect on 15 January 2001. The primary objective of this standard is to ensure that commercial radio broadcasters maintain community standards by making advertisements easily distinguishable from other programs. This is achieved by requiring broadcasters to present advertisements in a manner that allows reasonable listeners to distinguish them from other content. The standard defines key terms such as "advertisement" and "licensee" to provide clarity on the scope and application of the legislation. This standard is instrumental in maintaining the integrity and transparency of commercial radio broadcasting in Australia.
Scope and Application
The Broadcasting Services (Commercial Radio Advertising) Standard 2000, as amended, applies to commercial radio broadcasting licensees who hold a licence under the Broadcasting Services Act 1992. This standard sets out the requirements for distinguishing advertisements from other program material to ensure that listeners can easily differentiate between the two. The standard applies nationally, as it is a legislative instrument made under the Commonwealth’s Broadcasting Services Act 1992, which has jurisdiction across Australia. There are no stated exclusions or exemptions within the standard itself, but the Act under which it is made may include provisions that could exclude or exempt certain entities or types of advertising under specific conditions. The application of this standard can be extended or further defined through subordinate instruments, although the primary focus remains on ensuring that advertisements are presented in a manner that allows reasonable listeners to distinguish them from other broadcast content.
Key Provisions
The Broadcasting Services (Commercial Radio Advertising) Standard 2000 (the "Standard") sets out key provisions for commercial radio advertising under the Broadcasting Services Act 1992. The Standard, which commenced on 15 January 2001, is designed to ensure that advertisements broadcast by commercial radio licensees are clearly distinguishable from other programs (s. 6). The main operative sections of the Standard require that advertisements be presented in such a manner that a reasonable listener can distinguish them from other program material (s. 6).
The Standard imposes several obligations and requirements on commercial radio licensees. Primarily, it mandates that advertisements must be presented clearly and distinctly from other programs, so that listeners can easily differentiate between them (s. 6). This requirement is intended to uphold community standards and ensure that advertising does not mislead or confuse listeners. Licensees must ensure that their advertisements are broadcast in a manner that meets these criteria.
Breaches of the Standard may result in certain consequences. While the Standard itself does not explicitly detail specific offences, penalties, or consequences for non-compliance, it operates under the overarching framework of the Broadcasting Services Act 1992. Under this Act, non-compliance with standards could lead to actions such as warnings, fines, or other regulatory measures imposed by the Australian Communications and Media Authority (ACMA). The penalties for breaches of broadcasting standards can be significant, reflecting the importance of maintaining clear distinctions between advertising and regular programming.