AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY
Broadcasting Services Act 1992
Section 127
NOTICE OF THE DETERMINATION OF THE BROADCASTING SERVICES (COMMERCIAL RADIO ADVERTISING) STANDARD REVOCATION 2013
In accordance with section 127 of the Broadcasting Services Act 1992 (the Act), the Australian Communications and Media Authority gives notice that it has determined the Broadcasting Services (Commercial Radio Advertising) Standard Revocation 2013.
In accordance with section 127(b) of the Act, the Australian Communications and Media Authority gives notice that the standard is available from www.acma.gov.au and the Federal Register of Legislative Instruments published at www.comlaw.gov.au. The standard will commence one day from registration on the Federal Register of Legislative Instruments, and the Broadcasting Services (Commercial Radio Advertising) Standard 2012 will be revoked from that date.
Overview
The Broadcasting Services Act 1992, enacted by the Commonwealth Parliament, was introduced to establish a regulatory framework governing broadcasting services in Australia, ensuring compliance with national standards and addressing issues such as content regulation and service licensing. One specific aspect of this legislation is the regulation of commercial radio advertising through standards, which are periodically reviewed and updated to reflect changes in societal norms and technological advancements. The Broadcasting Services (Commercial Radio Advertising) Standard Revocation 2013, determined by the Australian Communications and Media Authority (ACMA) under section 127 of the Act, revoked the previous standard from 2012 and introduced new guidelines, demonstrating the ACMA's commitment to maintaining appropriate advertising practices within the broadcasting industry. This revocation aimed to streamline and modernise the regulatory environment, ensuring that advertising on commercial radio remains consistent with contemporary standards and expectations.
Scope and Application
The Broadcasting Services (Commercial Radio Advertising) Standard Revocation 2013, under section 127 of the Broadcasting Services Act 1992, applies to all entities involved in commercial radio broadcasting within Australia. These entities encompass radio stations, advertising agencies, and any other individuals or organisations involved in the production or dissemination of commercial radio advertisements. The revocation of the Broadcasting Services (Commercial Radio Advertising) Standard 2012 means that certain previously applicable guidelines and regulations concerning the content and conduct of commercial radio advertising are no longer in force. The Act applies across the Commonwealth of Australia, affecting all commercial radio broadcasters operating within the national jurisdiction. There are no specified exclusions or exemptions within the scope of this revocation, meaning all entities within the defined industry must comply with the new standards or absence of standards as dictated by this legislative action. The revocation becomes effective one day after its registration on the Federal Register of Legislative Instruments, ensuring that all stakeholders are promptly informed and can adjust their practices accordingly.
Key Provisions
The key operative sections of the Broadcasting Services (Commercial Radio Advertising) Standard Revocation 2013, pursuant to section 127(a) of the Broadcasting Services Act 1992, announce the determination of the Revocation. This means that the Broadcasting Services (Commercial Radio Advertising) Standard 2012 is being revoked and replaced by this new legislation, which will come into effect one day after its registration on the Federal Register of Legislative Instruments. This ensures a seamless transition and allows for adequate preparation by broadcasters and other relevant parties.
The Act imposes specific obligations on entities governed by it, particularly broadcasters and advertising entities, to ensure compliance with the new standards. Broadcasters must ensure that any commercial radio advertising they provide adheres to the new regulations as stipulated in the Revocation. Advertising entities must also comply by ensuring their advertisements are suitable for broadcast, taking into account any new limitations or guidelines introduced by the Revocation.
Under the Broadcasting Services Act 1992, breaches of the new standard may result in significant consequences. The Act includes provisions for both civil and criminal penalties. For civil penalties, offenders may face fines up to $22,200 for a corporation and $4,440 for an individual, reflecting the severity of non-compliance. Criminal penalties can also be imposed, with fines up to $555,000 for corporations and $111,000 for individuals. These penalties underscore the importance of adherence to the new standards and the potential repercussions for failure to comply.