The Television Program Standard | ACMA

The Television Program Standard

Definitions

1.  (a) The following definitions apply in these Television Program Standards unless the contrary intention appears:

     Licensee means the holder of a commercial television licence.

Citation

1.  This Standard may be cited as Television Program Standard 23 - Australian Content in Advertising. 

1.  (a) The following definitions apply in these Television Program Standards unless the contrary intention appears: means the holder of a commercial television licence. 1.  This Standard may be cited as Television Program Standard 23 - 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 advertisment 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 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 6.00am 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) Australians 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; 
            c.  the director of photography 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.

        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; 
        c.  paid community service announcements for organisations that have a charitable, public health or educational purpose

        Interpretation

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

Last updated: 03 October 2016