31 July 2009
The ACMA finds no breach of Anti-terrorism standard
Following its investigation, the Australian Communications and Media Authority has found that content broadcast into Australia from 28 August to 5 September 2008 on Lebanese-based broadcaster Al-Manar TV did not breach the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006 (the Anti-terrorism Standard).
The Anti-terrorism Standard prohibits the broadcast of programs which could reasonably be construed as directly recruiting a person to join, or participate in the activities of, a terrorist organisation or as soliciting funds for a terrorist organisation.
While the ACMA found references in some program content to a designated terrorist organisation (Hezbollah), there was no content that could reasonably be construed to directly recruit people to join or participate in the activities of Hezbollah, or to solicit funds for (or assist in the collection or provision of funds for) Hezbollah. As a consequence, no breach of the Anti-terrorism Standard was found.
The ACMA collected and analysed Al-Manar TV transmissions covering the period from 28 August to 5 September 2008. The ACMA will investigate any complaints concerning the content of Al-Manar TV, should they arise, as required under section 149 of the Broadcasting Services Act 1992.
Further detail about the scope of the prohibitions imposed by the Anti-terrorism Standard and the ACMA’s approach to this matter can be found in investigation report 2158, is now available.
Media contact: Donald Robertson, Media Manager, on (02) 9334 7980.
Backgrounder
On 16 March 2006, the ACMA determined the Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2006 and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006. The determinations were made under subsection 125(2) of the Broadcasting Services Act 1992 (BSA).
The ACMA replaced the above listed standards with the Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2008 and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2008 in order to assist open and subscription narrowcasting television licensees to determine whether a particular person or organisation is a ‘listed terrorist’ at any particular time:
The ACMA initially determined the program standards following an investigation into the satellite television service Al Manar TV in 2003-04 and the alleged broadcast into Australia of terrorist-related material, including the solicitation of funds for a listed terrorist organisation (Hezbollah). This investigation was not completed as the Australian-based service provider ceased business at that time.
In August 2008, the ACMA became aware of the re-transmission of Al-Manar TV into Australia by the Indonesian satellite provider PT Indosat and commenced an investigation under section 170 of the BSA.
The investigation primarily assessed whether Al-Manar TV contained material that breached section 6 or section 7 of the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006 as follows:
- 6. Recruiting for a terrorist organisation
(1) A licensee must not broadcast a program that can reasonably be construed as directly recruiting a person to join, or participate in the
activities of, a terrorist organisation. - 7. Financing terrorism
(1) A licensee must not broadcast a program that can reasonably be construed as:
(a) soliciting funds for a terrorist organisation; or
(b) assisting in the collection or provision of funds for a terrorist organisation.
There is an exception to the prohibition so as to permit the broadcast of an excerpt from a program that would otherwise be prohibited, if it is included in a news report, current affairs program, documentary or other program, as part of a bona fide report or comment on a matter of public interest.
A further provision of the standards makes clear that they would not be contravened by programs that merely gave information about the beliefs or opinions of a listed terrorist. These provisions are intended to ensure that freedom of expression is not unduly restricted. The standards provide a balance between prohibiting a specific type of extreme content while not prohibiting bona fide current affairs commentary and political opinion concerning listed terrorist organisations.
Compliance with applicable program standards is a licence condition that applies to providers of open and subscription narrowcasting television services under Part 7 of Schedule 2 to the BSA.
