Broadcasting Services (International Broadcasting) Guidelines 2005

Broadcasting Services (International Broadcasting) Guidelines 2005

Explanatory Statement

LEGISLATIVE INSTRUMENTS ACT 2003

Section 26 - Explanatory Statement

Broadcasting Services (International Broadcasting) Guidelines 2005 made under the Broadcasting Services Act 1992

On 24 November 2005, the Australian Communications and Media Authority (ACMA) formulated the Broadcasting Services (International Broadcasting)Guidelines 2005. The formulation was made under subsection 121FP(1) of the Broadcasting Services Act 1992 (the BSA), and is referred to in this explanatory paper as ‘the instrument’. The instrument will commence on 1 January 2006.

The instrument includes a clause revoking the Broadcasting Services (International Broadcasting)Guidelines 2000 made by the Australian Broadcasting Authority (the ABA). 

From 1 July 2005, ACMA commenced to perform the powers and functions previously performed by the ABA under the BSA.  Item 8 of Schedule 4 to the Australian Communications and Media Authority (Consequential and Transitional Provisions) Act 2005 provides an instrument made by the ABA continues to have effect as if a reference in the instrument to the ABA were a reference to ACMA. 

The Broadcasting Services (International Broadcasting) Guidelines 2005

Section 121FP of the BSA requires ACMA to formulate guidelines relating to international broadcasting services. The guidelines may relate to matters other than Australia’s national interest.  

Description of the provisions of the instrument

Part 1 – Preliminary

This Part covers the name, commencement date and object of the instrument and contains definitions of terms used in the instrument.

Part 2 – General Guidelines on Matter and Techniques

This Part provides guidelines for the content of programs in relation to privacy of persons and material that is likely to cause offence or perpetuate hatred. 

Part 3 – Simulation of Events

This Part provides that material that simulates an event in a manner likely to alarm or mislead the audience should not be broadcast unless it is material of a specified type and is presented reasonably and in good faith. 

Part 4 – Broadcasting to Children

This Part requires matter in children’s programs to deal with topics in a manner that has sufficient regard to the healthy educational, emotional and physical development of children. It provides guidelines about the broadcast of advertisements produced for children, promotions broadcast in children’s programs and competitions in which children may participate.

Part 5 – News and Current Affairs

This Part applies to all forms of news and to current affairs programs.  It provides guidelines covering accuracy in factual material, distinguishing between fact and commentary and sensitivity when dealing with bereavement, survivors or witnesses of traumatic events.  It requires programs to be impartial and balanced. It prohibits the presentation of matter in a manner that may cause panic, identifies individual members of a group unfairly or depicts an individual or group in a negative way based on gratuitous emphasis on certain specified attributes. It also provides guidelines on presenting images of death or injury in a program or references to suicide. 

Part 6 – Advertising

This Part requires advertisements to comply with Australian advertising codes of practice, prohibits the advertising of tobacco products, requires advertisements to have appropriate regard to Australian community attitudes and to limit children’s exposure to matter that is only appropriate for an adult audience.

Part 7 – Persuasive Techniques

This Part provides guidelines about program matter that describes or depicts techniques of hypnosis, induces an hypnotic state or depicts techniques designed to convey information at or near the threshold of normal awareness.

Part 8 – Assessing and Scheduling Matter for Radio and Television

This Part provides guidelines for the scheduling of program material taking into account the welfare of children, the cultural sensitivities of the international audience and the composition of the audience in different time zones. 

It includes specific guidelines for

• the classification of films and drama programs,
• advice, markings and warnings about the content of programs; and
• the assessment of the suitability of programs for broadcast to the international audience.

Part 9 – Additional Guidelines for Radio

This Part contains additional provisions for radio broadcasts about

• gratuitous language or language that is likely to offend the audience;
• sounds that relate to a sexual act; and

content or promotion of a feature program with sexual themes

Part 10 – Complaints

This Part provides guidelines for complaint handling, including

• procedures for dealing with complaints;
• publicising the complaints process;
• retaining records of complaints received; and
• providing ACMA with access to records of complaint.

Part 11 – Conduct of an International Broadcasting Licensee

This Part requires licensees to make every reasonable effort to comply with these guidelines and prohibits a licensee from using the international broadcasting service in the commission of an offence against a law of the Commonwealth or State or Territory.

Part 12 – Intellectual Property Rights

This Part provides guidelines for licensees to respect intellectual property rights of other persons.

Part 13 – Applicants for an International Broadcasting Licence

This Part provides that applicants for an international broadcasting licence who commit to abide by the guidelines will be taken by ACMA to comply with the guidelines for the purpose of ACMA preparing a report to the Minister for Foreign Affairs regarding the allocation of a licence.  Applicants who do not make such a commitment will not be taken to comply with those guidelines for the same purpose.

Part 14 – Revocation

This Part revokes the Broadcasting Services (International Broadcasting) Guidelines 2000.