Children’s Television Standards 2005
Explanatory Statement
Australian Communications and Media Authority
Sydney
February 2022
LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Children’s Television Standards 2005 made under the Broadcasting Services Act 1992
On 24 November 2005, the Australian Communications and Media Authority (ACMA) determined the Children’s Television Standards 2005. The determination was made under subsection 122(1) of the Broadcasting Services Act 1992 (the BSA), and is referred to in this explanatory paper as ‘the CTS’. The CTS will commence on 1 January 2006.
The Children’s Television Standards
Section 122 of the BSA requires ACMA to determine standards that relate to programs for children that are to be observed by commercial television broadcasting licensees. Compliance with the CTS is a licence condition for commercial television broadcasters. The objective of the CTS is to ensure that children have access to a variety of quality television programs made specifically for them, including Australian drama and non-drama programs.
The Australian Broadcasting Tribunal (ABT) made standards about children’s television (“the ABT standards”) that continued to have effect after the commencement of the Australian Broadcasting Authority (ABA) in 1992 as if they were standards made under section 122 of the BSA. The ABA made several amendments to the ABT standards. Pursuant to clause 8 of Schedule 4 to the Australian Communications & Media Authority (Consequential & Transitional Provisions) Act 2005, the ABT standards also continued to have effect after the commencement of ACMA on 1 July 2005 as if references in the standards to the ABA were references to ACMA. All references to the ABT standards are to the standards as varied by the ABA.
Intended Impact and Effect of the CTS
The CTS revokes the ABT standards. However, the CTS is not intended to change the obligations of commercial television broadcasting licensees in any substantial way, except for CTS25A described below.
The CTS is primarily in the same terms as the ABT standards except for the inclusion of a new temporary provision, at CTS25A, allowing for the displacement of programs for preschool children (P programs) during the coverage of the 2006 Commonwealth Games. In addition, it replaces references to the ABA with references to ACMA. A number of consequential changes have also been made to ensure continuity of classifications issued under the ABT standards and reflect recent legislative changes.
Consultation
Before deciding to determine the CTS (and revoke the ABT standards), ACMA took the following steps by way of consultation:
On 14 October 2005 ACMA posted on its website a draft instrument of the proposed CTS inviting public comment by 3 November 2005.
On 19 October 2005 ACMA placed an advertisement in the Australian newspaper that outlined the proposals and provided details of how to obtain copies of the draft instrument, and invited public comment by 3 November 2005.
The ACMA wrote to commercial television licensees, children’s television producers, and interested organisations and industry bodies with information about the proposals, providing details of how to obtain the draft instrument, and inviting public comment.
ACMA received one submission as a result of the public consultation and made a minor variation to the draft instrument as a result.
Description of the provisions of the CTS
CTS 1A: Name of Standards
CTS1A names the CTS.
CTS 1B: Commencement
CTS1B provides for the CTS to commence on 30 December 2006.
CTS 1: Definitions
CTS1 defines terms used throughout the CTS. A definition of “revoked Standards” has been inserted to ensure that classifications issued under CTS7 of the ABT standards continue to have effect. The definition of “Australian Content Standard” is in different terms to the definition in the ABT standards as a consequence of the revocation of the Broadcasting Services (Australian Content) Standard 1999 and the making of the Broadcasting Services (Australian Content) Standard 2005. For the purposes of clarity, a note has been inserted which states that certain words used throughout the CTS are defined in the Broadcasting Services Act 1992. The definitions are otherwise in the same terms as the corresponding provision of the ABT standards.
CTS 2: Criteria for C Programs and P Programs
CTS2 sets out the characteristics of a children’s program and provides criteria used to assess children’s programs. It is in the same terms as the corresponding provision of the ABT standards.
CTS 3: Obligation of a Licensee to broadcast C Programs and P Programs
CTS3 sets out the obligations of licensees in relation to the broadcast of C material and P material in each year (C material and P material are terms defined in CTS1), and obligations in relation to the scheduling of C periods and P periods. CTS3 also provides for allowable variations to these obligations in some circumstances. It is in the same terms as the corresponding provision of the ABT standards.
CTS 4: Program Promotions and Station Identifications
CTS4 limits program promotions and station identifications in each 30 minutes of a C period. The provision also places restrictions on programs promoted during breaks immediately before, during, or after C programs or P programs. It is in the same terms as the corresponding provision of the ABT standards.
CTS 4A: Community Service Announcements
CTS4A limits the amount of advertising, program promotions, station identifications, and community service announcements which may be broadcast during C periods. It is in the same terms as the corresponding provision of the ABT standards.
CTS 5: News Flashes and Announcements
CTS5 explains the circumstances under which C periods and P periods may be interrupted for the broadcast of news flashes and announcements. It is in the same terms as the corresponding provision of the ABT standards.
CTS 6: Actual Times Falling Short
CTS6 allows a licensee to make up the last 30 minutes of a C period in some circumstances with a G program (or part of a G program) which meets certain criteria. It is in the same terms as the corresponding provision of the ABT standards.
CTS 7: Duration of Classification
CTS7 covers the duration of classifications for C programs and P programs, provides for the renewal of classifications for C programs or P programs, and provides the terms under which a classification may be revoked. The wording of CTS7 as it appeared in the ABT standards has been altered in the CTS to allow for classifications granted or renewed under the ABT standards to continue.
CTS 8: Provisional Classification
CTS8 provides for the provisional classification of C programs or P programs in some circumstances. It is in the same terms as the corresponding provision of the ABT standards.
CTS 9: Prizes
CTS9 prohibits the offering of prizes during P programs and limits the circumstances where prizes may be offered during C programs. It is in the same terms as the corresponding provision of the ABT standards.
CTS 10: Unsuitable Material
CTS10 prohibits the broadcast of certain material during C periods and P periods. It is in the same terms as the corresponding provision of the ABT standards.
CTS 11: Australian C Drama
CTS11 sets out the requirements for an Australian C Drama. This provision also enables the classification of proposed Australian C Drama. It is in the same terms as the corresponding provision of the ABT standards.
CTS 12: Obligation of a licensee to broadcast Australian C Drama
CTS12 sets out a licensee’s obligation to broadcast Australian C Dramas in accordance with relevant sections of the Australian Content Standard. It is in the same terms as the corresponding provision of the ABT standards.
CTS 13: Advertisements
CTS13 prohibits the broadcast of advertisements during P periods and permits only advertising that is classified G and which also meets CTS 10, and CTS 17 to CTS 23 (inclusive) during C periods. It is in the same terms as the corresponding provision of the ABT standards.
CTS 14: Maximum Advertising Time
CTS14 sets out the maximum period of time a licensee may broadcast advertisements in each 30 minutes of a C period; and during a C period in which an Australian C Drama is broadcast. It is in the same terms as the corresponding provision of the ABT standards.
CTS 15: Separation of Advertisements and Sponsorship Announcements
CTS15 provides that advertisements and sponsorship announcements broadcast during C periods must be able to be clearly distinguished by the child viewer. It is in the same terms as the corresponding provision of the ABT standards.
CTS 16: Repetition of Advertisements
CTS16 limits the number of times an advertisement may be broadcast during any 30 minutes of a C period. It is in the same terms as the corresponding provision of the ABT standards.
CTS 17: Content of Advertisements
CTS17 requires that an advertisement broadcast during a C period not mislead or deceive children. It is in the same terms as the corresponding provision of the ABT standards.
CTS 18: Pressure in Advertisements
CTS18 prohibits the broadcast of advertisements containing content which places undue pressure on children to acquire or use an advertised product or service. It is in the same terms as the corresponding provision of the ABT standards.
CTS 19: Clear Presentation
CTS19 sets out requirements for advertisements to clearly and accurately represent the advertised product or service, and includes obligations in relation to the depiction of accessories, presentation of pricing and information regarding nutritional value (for advertisements relating to food). It is in the same terms as the corresponding provision of the ABT standards.
CTS 20: Disclaimers and Premium Offers
CTS20 requires that any advertising disclaimers or premium offers, and any terms associated with such offers, are clearly presented. It is in the same terms as the corresponding provision of the ABT standards.
CTS 21: Competitions
CTS21 requires that any competitions referred to in programs must by accompanied by a basic summary of the relevant rules, and that any statement about the chance of winning be clear and accurate. It is in the same terms as the corresponding provision of the ABT standards.
CTS 22: Promotion and Endorsements by Program Characters
CTS22 prohibits the broadcast of endorsements, recommendations or promotions by a principal personality or other character from any C program or P program during the broadcast of, and in breaks immediately before or after, C programs and P programs, except in certain circumstances. It is in the same terms as the corresponding provision of the ABT standards.
CTS 23: Advertising of Alcoholic Drinks
CTS23 prohibits the broadcast of advertisements for alcoholic drinks, or advertisements or sponsorship announcements for companies or people whose principal activity involves the sale, distribution or manufacture of alcoholic drinks, during any C period, or during C programs or P programs broadcast outside a C period. It is in the same terms as the corresponding provision of the ABT standards.
CTS 24: Australia’s international obligations
CTS24 sets out Australia’s international obligation in relation to the broadcasting of Australia/New Zealand and New Zealand programs. It also provides a note explaining Australia’s international obligations in meeting the terms of the Official Film Co-operative Agreements in place between Australia and several other countries. The wording of this note differs from the ABT standards as a result of amendments to the Broadcasting Services Act 1992 and the introduction of the Australian Communications & Media Authority Act 2005. The terms are otherwise identical to the corresponding provision of the ABT standards.
CTS 25: Revocation of the Children’s Television Standards
CTS25 revokes the ABT standards.
CTS 25A: Obligation of a Licensee – arrangements for Melbourne 2006 Commonwealth Games
CTS25A relates to coverage of the Commonwealth Games (the Games) to be held in Melbourne in March 2006. It allows a licensee holding the rights to live coverage of the Melbourne 2006 Commonwealth Games to displace P periods for the duration of the Games. The licensee will be required to make-up the displaced P periods in the week immediately before or immediately after the Games, and appropriately notify the child audience of the displacements and rescheduling. CTS 25A ceases to have effect on 1 January 2007. CTS25A is a provision which was not in the ABT standards.