EXPLANATORY STATEMENT

Approved by the Australian Communications and Media Authority

Broadcasting Services Act 1992

Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026

Authority

The Australian Communications and Media Authority (the ACMA) has made the Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026 (the Notice) under paragraph 19(1)(b) of the Broadcasting Services Act 1992 (the Act) and subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Paragraph 18(1)(a) of the Act outlines the criteria for a broadcasting service to be considered an open narrowcasting service, including that its reception is limited:

(i) by being targeted to special interest groups; or

(ii) by being intended only for limited locations, for example, arenas or business premises; or

(iii) by being provided during a limited period or to cover a special event; or

(iv) because it provides programs of limited appeal; or

(v) for some other reason;

Paragraph 18(1)(b) also requires that the service comply with any determinations or clarifications under section 19 in relation to open narrowcasting services. Paragraph 19(1)(b) of the Act provides that the ACMA may, by legislative instrument, clarify the criteria specified in sections 14 to 18A of the Act for the purpose of distinguishing between categories of broadcasting services.

The Notice clarifies certain criteria in section 18 of the Act, for open narrowcasting services that are analog non-subscription radio services.

Subsection 33(3) of the AIA relevantly provides that where an act confers a power to make a legislative instrument, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Purpose and operation of the Notice

The Notice is intended to provide additional clarity about the criteria in paragraph 18(1)(a) of the Act as they apply to radio broadcasting services transmitted in analog mode, and which are not made available only on payment of subscription fees.  It is expected that the Notice will be of assistance to any person seeking to understand whether a specific radio service is an open narrowcasting service.

The Notice sets out that a broadcasting service that does not comply with a particular section of the Notice may still be an open narrowcasting service under section 18 of the Act, depending on its individual characteristics.

The Notice replaces the Broadcasting Services Clarification Notice 2016 (the 2016 Notice).

The ACMA considers that there is an ongoing need for an instrument to clarify the criteria in paragraph 18(1)(a) of the Act. The Notice includes minor updates to terminology and references which do not substantively change the operation of the 2016 Notice.

The Notice commences on the day after it is registered.

A provision-by-provision description of the instrument is set out at Attachment A.

The Notice is a legislative instrument for the purposes of the Legislation Act 2003 (the LA). The Notice is a disallowable instrument under Part 2 of Chapter 3 of the LA and is subject to the sunsetting provisions in Part 4 of Chapter 3 of the LA.

Changes to the Notice from the 2016 Notice

Although the ACMA has not made any substantive changes from the 2016 Notice, some minor changes have been made to simplify and update terminology. Changes include:

• the inclusion of a definition for ‘Service’ in section 5 of the Notice to clarify that it refers to a radio broadcasting service transmitted in analog mode, and which is not made available only on payment of subscription fees;
• the replacement of references to the Australian Standard Geographical Classification (ASGC) 2001 with references to the Australian Statistical Geography Standard (ASGS) Edition 3, published by the Australian Bureau of Statistics, to reflect current ABS classifications;
• minor editorial changes to improve clarity and consistency, including formatting and section numbering; and
• the use of current drafting conventions for legislative instruments.

Documents incorporated by reference

Under section 14 of the LA, unless there is a contrary intention, a legislative instrument may incorporate by reference, as in force from time to time, the provisions of an Act or of a legislative instrument which is subject to disallowance.

The Notice incorporates the following Acts and legislative instrument, as in force from time to time:

• the Act;
• the AIA;
• the LA;
• the Broadcasting Services (Technical Planning) Guidelines 2017.

The Acts and the legislative instrument listed above are available, free of charge, from the Federal Register of Legislation at www.legislation.gov.au.

The Notice also incorporates by reference the following document, as in force at the commencement of the Notice: Australian Statistical Geography Standard, Edition 3. That document is available for free at www.abs.gov.au.

Consultation

On 25 August 2025, the ACMA published a consultation paper on its website for public comment, together with a copy of the draft Notice. Comments closed on 6 October 2025.

Consultation was also sought from national industry bodies representing open narrowcast radio, the Australian Narrowcast Radio Association (ANRA) and the national industry body representing the commercial radio industry, Commercial Radio Australia (CRA).

The ACMA received five responses to the consultation paper from HEULDINS Group Pty Ltd, CRA, ANRA, Sports Entertainment Network (SEN) and Tab Corp Holdings Ltd, and the ACMA considered these when making the Notice. All submissions supported the proposal to remake the Notice.

Statement of compatibility with human rights

Subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 requires the rule maker in relation to a legislative instrument to which section 42 (disallowance) of the LA applies to cause a statement of compatibility with human rights to be prepared in respect of that legislative instrument.

The statement of compatibility with human rights set out in Attachment B has been prepared to meet that requirement.

Attachment A

Notes to the Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026

Part 1 – Preliminary

Section 1 – Name

This section provides for the instrument to be cited as the Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026.

Section 2 – Commencement

This section provides for the instrument to commence at the start of the day after the day it is registered on the Federal Register of Legislation.

The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.

Section 3 – Authority

This section identifies the provision of the Act that authorises the making of the instrument, namely paragraph 19(1)(b) of the Broadcasting Services Act 1992.

Section 4 – Repeal of the Broadcasting Services Clarification Notice 2016

This section provides that the Broadcasting Services Clarification Notice 2016 (Registration No. F2016L00366) is repealed.

Section 5 – Definitions

This section defines six terms used in the instrument. A number of other expressions used in the instrument are defined in the Act.

Section 6 – References to other instruments

Section 6 provides that, unless the contrary intention appears,

• a reference to any other legislative instrument is a reference to that instrument as in force from time to time, and
• a reference to any other kind of instrument is a reference to that instrument as in force at the commencement of the Notice.

Part 2 – Clarification for AM and FM radio services

Section 7 – Purpose of Part 2

Subsection 7(1) provides that, in accordance with paragraph 19(1)(b) of the Act, Part 2 of the Notice clarifies the criteria for open narrowcasting services in section 18 of the Act as they apply to a Service. The term “Service” is defined in section 5 to be a radio broadcasting service transmitted in analog mode, and which is not made available only on payment of subscription fees (whether periodical or otherwise).

Subsection 7(2) notes that the sections in Part 2 are not an exclusive list of open narrowcasting services. In other words, a broadcasting service that does not fall within a particular section of Part 2 may still be an open narrowcasting service within the meaning of section 18 of the Act because of its individual characteristics.

Section 8 – Low power transmitter: urban centres and localities

Section 8 applies to low-powered radio broadcasting services described as FM radio broadcasting services (paragraph (b) of section 8) that are provided in an urban centre or locality (paragraph (a) of section 8) using a transmitter with an effective radiated power of 1 watt or less (paragraph (c) of section 8).

‘Locality’ and ‘urban centre’ are defined in section 5 of the Notice as being types of population clusters classified by the Australian Bureau of Statistics in accordance with the Australian Statistical Geography Standard, Edition 3.

Section 8 provides that, for the purposes of the Act, a radio broadcasting service of the kind described in paragraphs (a), (b), and (c) of section 8 is not an open narrowcasting service by reason only of the maximum effective radiated power of the transmitter used to provide the Service.

For example, a low-powered radio broadcasting service with programs of broad appeal provided within an urban area would not be considered a narrowcasting service even though it is broadcast to a ‘limited location’, because the number of people able to receive the service could be in the thousands.

A low-powered service may be an open narrowcasting service if other characteristics of the service mean that it is limited in reception in some other relevant way. For example, a low-powered radio broadcasting service in an urban area that provides programs of narrow appeal or that is provided during a limited period would be an open narrowcasting service.

Section 9 – Limited period

Section 9 relates to radio broadcasting services that are provided for limited periods.

Section 9 specifies that radio broadcasting services that, in accordance with the conditions of the transmitter licence or licences issued by the ACMA, are provided for either a continuous period of not more than 30 days in any 12-month period (paragraph (a) of section 9), or for separate periods that total not more than 30 days in any 12-month period (paragraph (b) of section 9), are open narrowcasting services for the purposes of the Act.

Section 10 – Special event

Section 10 relates to radio broadcasting services that are provided for the coverage of events that are considered ‘special’ because they have cultural, sporting or other community significance (paragraph (a) of section 10).

Examples of such events include:

• sporting events such as the Australian Grand Prix, the Olympic or Commonwealth Games, various championships etc; and
• cultural events such as horticultural or flower shows, or artistic exhibitions.

Section 10 provides that the section applies where a broadcasting service is provided for a continuous period of not more than 30 days to cover an event. Paragraph (b) of section 10 notes that the event must be organised by one or more persons. The note provides an example of a type of event that is not an ‘organised’ event, and would not be covered by section 10.

Section 10 provides that a service of the kind referred to in the section is an open narrowcasting service for the purposes of the Act.

Section 11 – Pre-recorded, regularly repeated audio content

Section 11 applies to radio broadcasting services providing pre-recorded, regularly repeated audio content (referred to as a ‘pre-recorded, regularly repeated audio content service’).

To fall within section 11 the service must consist of no more than four hours of pre-recorded material, which is repeated in the same order (paragraph 11(a)). The material cannot be updated or otherwise varied more than once in any week (paragraph 11(b)).

Section 11 clarifies that a service of the kind specified in paragraphs 11(a) and 11(b) is an open narrowcasting service for the purposes of the Act.

Section 12 – Information service

Section 12 applies to information services, specified as services whose content relates only to specific information about a subject (paragraph 12(a)) and which does not include any general news (paragraph 12(b)).

The note sets out examples of information services, such as stock market reports, weather services, real estate information and entertainment information.

Section 12 clarifies that a service of the kind specified in paragraphs 12(a) and 12(b) is an open narrowcasting service for the purposes of the Act.

Section 13 – Religious service

Section 13 applies to radio broadcasting services which are provided solely for one or more of the purposes set out in subsection 13(1), which are:

• the propagation of religious beliefs, values and lifestyles;
• the broadcasting of religious rituals and events of religious significance; and
• the provision of information relevant to religious beliefs, values and lifestyles.

Subsection 13(2) specifies that a radio broadcasting service does not comply with subsection 13(1) if the content of that service includes material that is not relevant to one or more of those purposes. In cases where a service includes non-relevant material, section 13 does not apply to the service. An example of material that is not relevant to the purposes mentioned in subsection 13(1) is mainstream music that has no obvious religious significance and is not broadcast for the purpose of analysis or commentary. This ensures that services classified under this section maintain a clear religious focus.

Section 13 clarifies that a service that complies with subsections 13(1) and (2) is an open narrowcasting service for the purposes of the Act.

Section 14 – Non-English language service

Section 14 applies to radio broadcasting services that are provided in a language other than English. Section 14 specifies that for the section to apply to a service, the service must be provided either wholly in a language other than English (paragraph 14(a)), or otherwise where English is only included to the extent that it is incidental to the provision of the service in the other language (paragraph 14(b)).

The note to section 14 sets out some examples of where English is only incidental to the provision of the service.

Section 14 clarifies that a service which is provided in accordance with paragraphs 14(a) and 14(b) is an open narrowcasting service for the purposes of the Act.

Section 15 – Racing service

Section 15 sets out a series of characteristics that together constitute a radio broadcasting service that is an open narrowcasting service. These characteristics are listed in subsections 15(2), (3) and (4). For section 15 to apply, a service must have all of the characteristics in subsections 15(2), (3) and (4).

Subsection 15(2) specifies services where each day (other than on Christmas Day or Good Friday) at least 80% of the broadcast content is either:

• descriptions of horse races, harness races or greyhound races;
• the provision of information directly related to horse racing, harness racing or greyhound racing (including selections, scratchings, betting information and track conditions); and
• other material (including music, news reports, weather reports and advertisements) in accordance with the limitations set out in subparagraphs 15(2)(c)(i) to (iv).

Subsection 15(3) specifies that a significant proportion of the content not covered by subsection 15(2) must be either relevant to horse racing, harness racing or greyhound racing (paragraph 15(3)(a)), or be of interest mainly to persons involved in horse racing, harness racing or greyhound racing (paragraph 15(3)(b)).

Subsection 15(4) requires that the service must be promoted during broadcasts as a service that is of interest mainly to persons involved in horse racing, harness racing or greyhound racing (paragraph 15(4)(a)), or by using the words ‘racing radio service’ (paragraph 15(4)(b)).

Section 15 clarifies that a service that complies with subsections 15(2), (3) and (4) is an open narrowcasting service for the purposes of the Act.

Section 16 – Ancillary service

Section 16 clarifies that a broadcasting service provided by way of an ancillary communication service (i.e. provided using a subcarrier channel) is an open narrowcasting service.

‘Ancillary communication service’ is defined in section 5 of the Notice as a separate supplementary information service carried on a modulated sub-carrier of an FM transmission.

Section 17 – Services targeted on the basis of age of audience

Section 17 sets out circumstances where a radio broadcasting service that is targeted to persons of a particular age, or a particular range of ages, is and is not an open narrowcasting service.

Subsection 17(1) provides that a service targeted to persons less than 10 years old is an open narrowcasting service.

Subsection 17(2) clarifies that if subsection 17(1) does not apply, then the service is not an open narrowcasting service only by reason of the service being targeted to a particular age group. However, other characteristics of the service may result in it being classified as an open narrowcasting service in accordance with section 18 of the Act. The note to subsection 17(2) sets out some examples of services that are likely to be targeted to persons of a particular age or range of ages.

Section 18 – Groups other than formal groups

Section 18 clarifies that a group is able to be a special interest group for the purposes of subparagraph18(1)(a)(i) of the Act whether or not the group is organised on a formal basis.

Subsection 18(2) clarifies that subsection 18(1) does not affect the operation of section 17.

      Attachment B

Statement of Compatibility with Human Rights

Prepared by the Australian Communications and Media Authority under subsection 9(1) of the Human Rights (Parliamentary Scrutiny) Act 2011

Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026

Overview of the Instrument

The Broadcasting Services (Criteria for Radio Narrowcasting Services) Clarification Notice 2026 (the Notice) is made in accordance with paragraph 19(1)(b) of the Broadcasting Services Act 1992 (the Act). The Notice remakes and replaces the Broadcasting Services Clarification Notice 2016, which was due to sunset on 1 April 2026.

The first listed object of the Act is to promote the availability to audiences throughout Australia of a diverse range of radio and television services offering entertainment, education and information (see paragraph 3(1)(a) of the Act).

Subsection 4(1) of the BSA provides (relevantly for present purposes) that “The Parliament intends that different levels of regulatory control be applied across the range of broadcasting services … according to the degree of influence that different types of broadcasting services … are able to exert in shaping community views in Australia”.

Narrowcasting services operate under a class licence (determined by the ACMA under section 117 of the Act) meaning that an operator of a narrowcasting service is not required to obtain an individual licence, and no licence fee is payable (although a licence fee is payable for the necessary transmitter licence and the use of broadcast spectrum to provide the narrowcasting service). It is easier for a person to operate a narrowcasting service than any other category of broadcasting service under the Act. Narrowcasting services are also subject to a lighter level of regulatory control than, for example, commercial broadcasting services or subscription broadcasting services, because the reception of narrowcasting services must be limited for one of the reasons specified in paragraphs 17(a) and 18(1)(a) of the Act (which include “because they provide programs of limited appeal”), in contrast to commercial or subscription broadcasting services which provide programs “intended to appeal to the general public” (see paragraphs 14(1)(a) and 16(a) of the Act). Section 18 of the Act outlines a number of criteria that, if satisfied, will mean that a broadcasting service is an open narrowcasting service (and hence subject to a lighter level of regulatory control). The purpose of the Notice is to clarify some aspects of the application of the criteria specified in paragraph 18(1)(a) of the Act in relation to open narrowcasting radio services. It clarifies that radio services that have the features specified in sections 9, 10, 11, 12, 13, 14, 15, 16 and subsection 17(1) of the Notice are open narrowcasting radio services, while sections 8, 18 and subsection 17(2) clarify that radio services with the features specified in those provisions will not necessarily be open narrowcasting radio services.

The scope of application of these provisions is confined to radio broadcasting services transmitted in analog mode, and not made available only on payment of subscription fees.

Human Rights Implications

The ACMA has assessed whether the Notice is compatible with human rights, being the rights and freedoms recognised or declared by the international instruments listed in subsection 3(1) of the Human Rights (Parliamentary Scrutiny) Act 2011 as they apply to Australia.

Having considered the likely impact of the Notice and the nature of the applicable rights and freedoms, the ACMA has formed the view that the instrument engages the following rights:

• the right to freedom of thought, conscience and religion or belief in Article 18 of the International Covenant on Civil and Political Rights (ICCPR);
• the right to freedom of expression in Article 19(2) of the ICCPR;
• the right to enjoy and benefit from culture in Article 27 of the ICCPR and Article 15 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).

Right to freedom of thought, conscience and religion or belief

Article 18 of the ICCPR protects the right to freedom of thought, conscience and religion, including the freedom to manifest one’s religion or belief in worship, observance, practice and teaching. Section 13 of the Notice provides that a service is an open narrowcasting service if it only propagates religious beliefs, values or lifestyles, broadcasts about religious rituals and significant religious events or provides information and services relevant to religious beliefs, values or lifestyles. This clarification facilitates the broadcast by an open narrowcasting radio service of religious content that contributes to a group’s practice of religious beliefs and lifestyles, and thus, positively engages this freedom.

Right to freedom of expression, Right to enjoy and benefit from culture

Article 19(2) of the ICCPR protects the freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, through any medium, including written and oral communication, media and television broadcasting.

Article 27 of the ICCPR provides for the right to enjoy and benefit from culture, while Article 15(1) of the ICESCR recognises the right of everyone to take part in cultural life. Open narrowcasting services are intended to be niche by definition (see section 18 of the Act), in contrast to commercial or subscription broadcasting services which provide programs intended to appeal to the general public (and which, because of their wider audience reach, are subject to higher levels of regulation). While open narrowcasting services are intended to have a limited reception, they can provide information or cultural content to specific cultural or religious groups, special interest groups, or at specific events and/or locations.

Within the limitations imposed by section 18 and paragraph 19(1)(b) of the Act, the Notice engages and facilitates the right to freedom of expression, and the right to enjoy and take part in cultural life, by persons or groups who wish to exercise that right through the use of an open narrowcasting radio service, as demonstrated by the following examples.

Section 10 of the Notice clarifies that a radio service provided for a continuous period of no more than 30 days to cover an organised event that has major cultural, sporting or other community significance is an open narrowcasting service.

Section 12 clarifies that a radio service which broadcasts content that relates only to specific information about a subject, and does not include general news, is an open narrowcasting service.

Section 13 clarifies that a radio service which broadcasts only religious content is an open narrowcasting service.

Section 14 clarifies that a radio service which broadcasts content wholly in a language other than English (and which might, for example, sustain and promote the cultures of other countries or ethnicities for listeners with cultural ties to those countries or ethnicities) is an open narrowcasting service.

Subparagraph 18(1)(a)(i) of the Act provides that a broadcasting service whose reception is limited by being targeted to special interest groups is an open narrowcasting service. Section 18 of the Notice clarifies that a group is able to be a special interest group whether or not the group is organised on a formal basis. (This facilitates freedom of expression to groups sharing a special interest, which might be a cultural interest.) 

Conclusion

The Notice is compatible with human rights. The Notice engages, and to an extent facilitates, the rights to freedom of religion or belief, freedom of expression, and freedom to enjoy and benefit from Culture in Articles 18, and 19(2) of the ICCPR, and Article 27 of the ICCPR and Article 15 of the ICESCR.