Television Program Standard 23 - Australian Content in Advertising

Administered by Department of Communications and the Arts

Legislation au F2009B00041 Not in force Legislative Instrument

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Commonwealth of Australia

Broadcasting Act 1942

Australian Broadcasting Tribunal Program Standard

Australian Content in Advertising

We, Members of the Australian Broadcasting Tribunal, make the following Program Standard under paragraph 16(1)(d) of the Broadcasting Act 1942.

Dated 21st November 1991

PB WESTERWAY (Signed) Chairman

MICHAEL RAMSDEN (Signed) Member

KIM WILSON (Signed) Member

BRUCE ALLEN (Signed) Member

SUE BROOKS (Signed) Member

TIMOTHY O’KEEFE (Signed) Member

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Citation

1. This Standard may be cited as Television Program Standard

23 – Australian Content in Advertising.

2 Australian Broadcasting Tribunal Television

Program Standard (Australian Content in Advertising)

Commencement

2. This standard commences on 1 January 1992.

Objectives

3. The objective of this Standard is to ensure that the majority of advertisements on television are Australian made, by means of a flexible regulatory system that recognises the market reality of advertising.

What is an advertisement?

4. (1) An advertisement is matter that draws the attention of the public, or a segment of the public, to a product, service, person, organisation or line of conduct in a manner calculated to promote or oppose, directly or indirectly, that product, service, person, organisation or line of conduct.

(2) None of the following is an advertisement for the purposes of this Standard:

(a) the broadcasting by a licensee of matter of an advertising character as an accidental or incidental accompaniment of the broadcasting of other matter if the licensee does not receive payment or other valuable consideration for broadcasting the matter;

(b) an announcement of not more than 10 seconds duration at the beginning and end of a program giving the name and business of the sponsor of the program, if the program is not less than 15 minutes long;

(c) a community service announcement if the licensee does not receive payment or other valuable consideration for broadcasting the announcement;

(d) a station identification;

(e) a program promotion.

Australian Broadcasting Tribunal Television 3

Program Standard (Australian Content in Advertising)

Australian produced advertisements

5. A licensee must ensure that at least 80% of the total advertising time (other than the time occupied by exempt advertisements) broadcast in a year by the licensee, between the hours of 6 a.m. and midnight, is occupied by Australian produced advertisements.

What are Australian produced advertisements?

6. (1) An advertisement is Australian produced if:

(a) it is wholly pre-produced, filmed and post-produced in Australia or New Zealand or partly in Australia and partly in New Zealand; or

(b) if this is not the case – Australians have exercised direction over the creative and administrative aspects of pre-production, filming and post-production.

(2) Australian are taken to exercise direction over the creative and administrative aspects of pre-production, filming and post-production of an advertisement if the advertisement meets at least 6 of the following criteria:

(a) the producer of the advertisement (other than a producer employed by the advertising agency) is Australian;

(b) the principal director is Australian;

(d) the writers of the script and storyboards are Australian;

(e) the visual editing is carried out by Australians;

(f) the production of the sound track, including recording, sound editing and mixing, is carried out by Australians;

(g) the role of featured talent appearing in the advertisement is filled by Australians;

(h) all performance, including voice over, on the sound track is by Australians;

(i) the music used in the advertisement is composed by Australians;

(j) if animation and related computer graphic techniques form a substantial and integral part of the advertisement – these are carried out by Australians.

4 Australian Broadcasting Tribunal Television

Program Standard (Australian Content in Advertising)

Advertisements taken to comply

7. An advertisement that is cleared before 1 January 1992 by the Federation of Australian Commercial Television Stations Commercial Acceptance Division on the basis that the advertisement complies with Television Program Standards 18, 19 and 20 is taken to comply with this Standard.

What advertisements are exempt?

8. The following classes of advertisements are exempt from this Standard:

(a) advertisements for imported cinema films, videos and recordings;

(b) advertisements for live appearances by overseas entertainers;

Interpretation

9. In this Standard, “Australian” means a person who is a citizen of, or ordinarily resident in, Australia or New Zealand.

Revocation

10. The following Standards are revoked:

(a) Television Program Standard 18, made by the Tribunal on 20 December 1985;

(b) Television Program Standard 19, made by the Tribunal on 20 December 1985 and amended on 15 October 1991;

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Overview

The Broadcasting Act 1942, enacted by the Australian Parliament, established a framework for regulating broadcasting services within Australia, including television and radio. This legislation aimed to address the need for a structured approach to the content and standards of broadcast services to ensure they serve the public interest. The Act provided the authority for the Australian Broadcasting Tribunal to develop and enforce program standards, one of which is the Australian Broadcasting Tribunal Program Standard on Australian Content in Advertising, enacted in 1991. The policy objective of this Standard was to ensure that the majority of advertisements broadcast on television were of Australian origin, thereby supporting local production and cultural identity within the advertising industry. This was achieved through a flexible regulatory system that took into account the commercial realities of advertising.

Scope and Application

The Television Program Standard 23 – Australian Content in Advertising, promulgated under the Broadcasting Act 1942, applies to television licensees broadcasting in Australia. The standard mandates that at least 80% of the total advertising time, excluding exempt advertisements, broadcast between 6 a.m. and midnight must be occupied by Australian produced advertisements. This requirement is aimed at ensuring a significant presence of Australian-made content in television advertising. Australian produced advertisements are defined as those that are either wholly pre-produced, filmed, and post-produced in Australia or New Zealand, or if not, those where Australians have exercised creative and administrative direction over the production aspects, meeting at least six specific criteria related to the production team and talent involved. Exemptions from this standard include advertisements for imported cinema films, videos, and recordings, advertisements for live appearances by overseas entertainers, and paid community service announcements for charitable, public health, or educational purposes. The standard, which came into effect on 1 January 1992, revokes previous standards and applies across the Commonwealth of Australia, ensuring a consistent approach to Australian content in television advertising.

Key Provisions

The Television Program Standard 23 – Australian Content in Advertising, made under the Broadcasting Act 1942, sets out the requirements for Australian content in television advertisements. The Standard, which came into effect on 1 January 1992, aims to ensure that the majority of advertisements on television are Australian made (Section 3). To achieve this, the Standard mandates that at least 80% of the total advertising time broadcast in a year by a licensee, between 6 a.m. and midnight, must be occupied by Australian produced advertisements (Section 5). An advertisement is considered Australian produced if it is wholly pre-produced, filmed, and post-produced in Australia or New Zealand, or if Australians have exercised direction over the creative and administrative aspects of pre-production, filming, and post-production, meeting at least six of the specified criteria (Section 6). The obligations imposed by the Standard require licensees to ensure that their advertising content meets the Australian production criteria. This includes ensuring that the majority of their advertising time is occupied by Australian produced advertisements. Advertisements that meet certain criteria, such as those cleared before 1 January 1992 by the Federation of Australian Commercial Television Stations Commercial Acceptance Division on the basis that they comply with previous Standards, are taken to comply with this Standard (Section 7). However, certain classes of advertisements are exempt from this requirement, including advertisements for imported cinema films, videos, and recordings; advertisements for live appearances by overseas entertainers; and paid community service announcements for organisations that have a charitable, public health, or educational purpose (Section 8). Breaches of the Standard may result in civil or criminal consequences. Although the specific penalties are not detailed in the Standard itself, under the Broadcasting Act 1942, breaches of program standards can lead to fines and other penalties as prescribed by the Act. The Act provides for significant penalties for non-compliance, which may include substantial fines for both individuals and corporations, depending on the severity and frequency of the breach. Furthermore, persistent or egregious breaches could potentially lead to more severe sanctions, such as the suspension or revocation of broadcasting licenses.

Area of Law: Media & Entertainment Law
Instrument: Legislative Instrument
Concepts: Definitions & Interpretation; Reporting & Disclosure Obligations; Regulatory Standards

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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