LEGISLATIVE INSTRUMENTS ACT 2003
Section 26 - Explanatory Statement
Children’s Television Standards Variation 2005 (No. 1) made under the Broadcasting Services Act 1992
On 23 June 2005, the Australian Broadcasting Authority (the ABA) varied the Children’s Television Standards. The variation was made under subsection 122(1) of the Broadcasting Services Act 1992 (the BSA) and is referred to in this explanatory paper as ‘the instrument’. The instrument commenced on 1 July 2005.
The Children’s Television Standards
Section 122 of the BSA requires the ABA to determine standards that relate to programs for children that are to be observed by commercial television broadcasting licensees. Compliance with the Children’s Television Standards (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 ABA may vary the CTS under subsection 122(1) of the BSA.
Intended impact and effect of the instrument
The purpose of the instrument is to clarify the operation of the CTS and to ensure that the wording aligns with the policy intent of the CTS. The following issues have given rise to the need for the instrument:
- Since the CTS were determined in 1990, matters have arisen, such as amendments to the Broadcasting Services (Australian Content) Standard (the Australian Content Standard), which have not been reflected in consequential amendments to the CTS.
- In some areas, the CTS contained drafting anomalies, ambiguities and inconsistencies that would have benefited from clarification
and/or need to be reworded to conform to current legal drafting practice. - There were instances of poor drafting in the CTS which have led to ambiguities, with resulting difficulties in interpretation. The wording did not align with policy intent and long-established practice.
The primary effect of the variations in the instrument is to clarify that licensees can claim the whole of a C or P period (which comprises a C or P program and any additional C or P material allowed under the CTS), towards their quota requirements. The instrument does not intend to set a new policy direction for children’s television programming. There are no changes to the licensee quota figures or the criteria for C and P programs.
Consultation
Before deciding to vary the CTS, the ABA undertook the following steps by way of consultation:
- On 30 March 2005, the ABA published on its website, a draft instrument of variation to the CTS and an explanatory paper about the changes proposed in the draft instrument, inviting public comment by 21 April 2005.
- On 31 March 2005, the ABA placed an advertisement in The Australian newspaper that outlined the proposed changes, provided details of how to obtain copies of the draft instrument, and invited public comment by 21 April 2005.
- The ABA wrote to commercial television licensees, children’s television producers and program suppliers, and interested organisations, agencies and industry bodies, including FreeTV Australia, the Australian Children’s Television Foundation, the Australian Screen Directors’ Association and the Screen Producers’ Association of Australia. The ABA provided copies of the draft instrument and the explanatory paper and invited comments.
- The ABA received two written submissions on the draft instrument and subsequently made further variations to the draft instrument.
- On 26 May 2005, the ABA published on its website, a revised draft instrument of variation to the CTS and an explanatory paper about the proposed changes, inviting public comment by 2 June 2005. The ABA also wrote to the submitters and relevant stakeholders, provided a copy of the revised draft instrument and the explanatory paper and invited comments.
- The ABA received one written submission on the revised draft instrument and made further variations to the draft instrument.
Description of the provisions of the instrument
CTS 1 - Definitions
The definitions have been reordered in alphabetical order to reflect contemporary legal drafting practice. A number of definitions have been amended to clarify their meanings and conform to contemporary legal drafting practice.
The term ‘Australian C Drama’ is applied throughout the CTS for consistency and to ensure consistency between the CTS and the Australian Content Standard.
New definitions of ‘C material’ and ‘P material’ reflect the range of material (both programs and allowable non-program material) that can be broadcast within C and P periods. An exhaustive list of material has been inserted to ensure that licensees are restricted to showing only the material allowed under the CTS.
New definitions of ‘community service announcement’, ‘G classified’, ‘G program’ and ‘live coverage’ clarify the operation of these terms elsewhere in the CTS.
The definition of ‘school holidays’ has been amended to include recognised public holidays in each licensee’s licence area.
CTS 2- Criteria for C and P programs
The heading to this standard has been changed to use defined terms, with no change to the terms of the standard.
CTS 3 – Obligation of a Licensee to Broadcast C and P Programs
Fulfilment of quota requirements:
CTS 3 has been varied to reflect the fact that compliance with the C quota is assessed on the basis of the duration of the C period, rather than the program time. Throughout the standards, the terms ‘C material’, ‘P material’, ‘C period’ and ‘P period’ have replaced the terms ‘C program’ and ‘P program’, where appropriate, to reflect this.
The effect of the variation is that licensees can claim the whole of a C or P period (which would comprise a C or P program and any additional C or P material allowed under the CTS) towards their quota requirements. Licensees will not be able to show non-C or P programming during their scheduled C or P periods, apart from in the very limited instances specified in the CTS. No changes have been made to the actual hourly quota figures.
Displacement for live and plausible live events:
CTS 3(1)(i) allows a licensee to displace some C periods to allow live coverage of certain major events which are suitable for children. The new definition of ‘live coverage’ in CTS 1 clarifies that events broadcast as ‘plausible live’ are able to be treated as ‘live coverage’. ‘Plausible live’ broadcasts are those that have been delayed in certain places for time zone reasons, and that are subsequently made without reformatting.
Triple counting of C Drama programs; averaging, carry forward and make-up provisions in the Australian Content Standard:
CTS 3(5) has been altered to ensure that the benefits of variations made to the Australian Content Standard in the ‘triple counting’ (subsection 12(3)), ‘averaging’ (subsection 12(4)) and ‘make up’ (subsection 12A) provisions, flow through to the CTS and in particular, to the C quotas in CTS 3.
Elsewhere, CTS 3 has been varied to use defined terms and to clarify the meaning of the standard.
CTS 4 – Program Promotions and Station Identifications
CTS 4(1) allows licensees to broadcast G classified program promotions and station identifications. The time limit on this material will be one minute per 30 minutes of a C period, subject to the special requirements for C drama programs under CTS 14(3).
CTS 4(2) has been varied to allow promotions for the coverage of sports events suitable for viewing by children, during any breaks immediately before, during, or immediately after, C or P programs. These promotions must be G classified to ensure their suitability for children’s viewing times.
A new CTS 4(3) allows voice-over promotions for C programs to be broadcast during the end credits of other C programs. These voice-over promotions will be additional to the maximum one minute time limit on G classified program promotions and station identifications permitted under CTS 4(1).
CTS 4A – Community Service Announcements
A new CTS 4A clarifies that licensees can broadcast up to seven minutes of non-program material during each 30 minutes of a C period. Of these seven minutes:
- no more than five minutes can be advertisements under CTS 14(1);
- no more than one minute can be program promotions and station identifications under CTS 4(1); and
- any remaining time can be G classified community service announcements.
‘Community service announcement’ is defined in CTS 1. Community service announcements may also be broadcast during a C period in which Australian C Drama is broadcast, in accordance with CTS 14(3).
The time limit on non-program material during Australian C drama (13 minutes per hour under CTS 14(3)) has not changed.
CTS 5 – News Flashes and Announcements
This standard has been varied to use defined terms, clarify the meaning and ensure consistency with the remainder of the CTS.
CTS 6 – Actual Times Falling Short
This standard has been varied to allow licensees to fill in the last 30 minutes of a C period with certain G programs (or part of a G program). Previously, CTS 6 could only be used when a C program plus permitted breaks was 25 to 30 minutes in length. The standard can now apply to C periods longer than 30 minutes, provided the last 30 minutes contain at least 25 minutes of C programs and permitted breaks. For example, if a C program including breaks is 55 minutes long, the second 30 minute period can be completed with 5 minutes of G programs (or part thereof). A minimum level of C programming must be shown in a 30 minute period before this provision can be used, thus maintaining appropriate safeguards.
CTS 7 – Duration of C and P classification
This standard has been varied to use defined terms and to clarify its meaning, with no change to its substance.
CTS 8 – Provisional classification
This standard has been varied to use defined terms and to clarify its meaning, with no change to its substance.
CTS 10 – Unsuitable material
This standard has been varied to clarify its meaning, with no change to its substantive effect.
CTS 11 – Australian C drama
This standard has been varied to use defined terms and to clarify its meaning, with no change to its effect.
CTS 12 – Obligation of a Licensee to Broadcast Australian C Drama
This standard has been varied to use defined terms. The note (a lengthy extract from the Australian Content Standard) has been removed to simplify the published document and to conform to current legal drafting principles. There has been no change to the substantive meaning.
CTS 13 – Advertisements
This standard has been varied to clarify its meaning, with no change to its substantive effect.
CTS 14 – Maximum Advertising Time
CTS 14(1) has been varied to clarify the intended operation of the provision, with no change to its effect.
CTS 14(2) has been omitted. This provision is no longer required, given the changes to CTS 14(1).
CTS 14(3) had been varied to allow community service announcements and station identifications, as well as advertisements and program promotions, to be broadcast during C periods in which Australian C drama is broadcast. Licensees can broadcast up to 13 minutes per hour of any combination of advertisements, program promotions, station identifications and community service announcements.
CTS 15 – Separation of Announcements and Sponsorship Announcements
This standard has been varied to clarify its meaning, with no change to its substantive effect.
CTS17 – Content of Advertisements
Minor changes to have been made to the language of this standard to reflect contemporary language usage.
CTS18 – Pressure in Advertisements
This standard has been varied to clarify its meaning , with no change to its effect.
CTS 22 – Promotions and Endorsements by Program Characters
This standard has been varied to use defined terms and to reflect current drafting practice.
CTS 23 – Advertising of Alcoholic Drinks
CTS 23(1) and 23(2) have been varied to use defined terms and to ensure consistency with the rest of the CTS.
CTS 23(3) and 23(4) have been added to ensure that licensees do not broadcast alcohol advertisements or alcohol-related sponsorship announcements during any C or P program that is shown outside a scheduled C or P period, or during breaks adjacent to any C or P programs.
CTS 24 – Australia’s international obligations
This standard has been varied to correct references to other provisions of the CTS, with no change to its substantive effect.