ACMA - ACMA media release 183/2009

18 December 2009

ACMA registers a new commercial television industry code of practice

The new code of practice for commercial free-to-air television services registered today by the Australian Communications and Media Authority provides important viewer safeguards and should provide for greater program choice on the emerging digital multi-channels.

‘The past five years have seen significant changes to commercial free-to-air television broadcasting in this country including, this year, the launch of digital multi-channels that give Australians more program choice,’ said Chris Chapman, Chairman of the ACMA. ‘While the new code allows some greater flexibility for broadcasters in programming for these multi-channels, the ACMA has ensured that industry also correspondingly introduces related community safeguards.’

Under the new code, PG-classified programs may be shown at any time on a commercial television broadcaster’s multi-channels. However, G classification time zones will continue to apply to the main digital and analog services before and after school on weekdays and between 6.00 am and 10.00 am on weekends.

‘It is important that parents and carers know about the new arrangements so they can help mediate children’s television viewing accordingly. Therefore, commercial free-to-air broadcasters are required under the code to undertake a 12-month community education campaign to comprehensively inform viewers,’ said Mr Chapman.

Licensees must also, for the life of the code, provide consumer advice with any PG-classified program on the multi-channels where material may be stronger than expected by parents and guardians of young viewers and the program corresponds with the main channel’s G programming time zones.

‘The transition pathway to a full digital environment, with its underpinnings in the Broadcasting Services Act, allows greater flexibility on multi-channels for a time-limited period,’ said Mr Chapman.

For the first time, viewers will be able to lodge complaints electronically using a live online form. For administration establishment reasons, this initiative will take effect on 1 March 2010 under provisions in the new code.

‘This is a major yet inevitable enhancement to the code as broadcasters themselves go online in search of new revenues and enhanced service offerings to their audience base,’ said Mr Chapman. ‘It is also a positive response to submissions from members of the public and recommendations of the ACMA’s Reality Television Review and recent Senate Inquiries.

‘The community has expressed a strong preference for electronic complaints-lodgement,’ he said, ‘and the ACMA has vigorously pursued this innovation to make it more convenient for viewers to lodge complaints.’

The code sets out detailed rules for a range of other matters including the classification of programs and program promotions, reporting of news and current affairs and time occupied by non-program matter. New features of the code include:

amended sex and nudity restrictions in MA programs—all depictions of sexual activity or nudity and all verbal sexual references must now be relevant to the story line or program context and must not be high in impact;
new provisions intended to encourage broadcasters to correct significant factual errors in news and current affairs programs in a timely manner;
scope for broadcasters to schedule additional amounts of non-program matter on digital multi-channels, facilitating flexibility in program scheduling in the channels’ establishment period; and
new protections in reality television programs, as recommended in the ACMA’s Reality Television Review, where broadcasters will be expressly prohibited from presenting participants in reality television programs in a highly demeaning or highly exploitative manner.

The code will come into operation on 1 January 2010. It was developed by Free TV Australia, the industry group representing commercial free-to-air television broadcasters. It replaces the previous code, which has been operating since 2004.

The new Commercial Television Industry Code of Practice 2010 is available at the Free TV Australia website, www.freetv.com.au.

Media contact: Donald Robertson, Media Manager, on (02) 9334 7980.

Backgrounder

Implementation of the new code

The new code takes effect on 1 January 2010 with the obligation to accept complaints made using the online form commencing on 1 March 2010.

Digital multi-channels

Digital multi-channels are offered in addition to the simultaneous digital broadcast (or simulcast) of the analog television channel that each broadcaster is required to transmit under the Broadcasting Services Act 1992 (the BSA).

The BSA provided for a staged introduction of multi-channels. Commercial free-to-air television licensees have been permitted:

since 1 January 2007, to broadcast a high definition digital multi-channel; and
since 1 January 2009, to broadcast a standard definition digital multi-channel.

On 4 December 2009, the Department of Broadband, Communications and the Digital Economy released a discussion paper, ‘Content and Access: the future of program standards and captioning requirements on digital television multi-channels’ which is available at www.dbcde.gov.au.

Summary of key amendments to the code

A summary of key amendments to the code is provided in the tables below. Table 1 sets out amendments relating to all services. Table 2 sets out amendments relating only to the digital multi-channels.

Table 1

Table 1 lists key amendments made to sections of the code which apply both to licensees’ main services and the digital multi-channels.

Issue	Amendment
Classification	Broadcasters will now be expressly prohibited from presenting participants in reality television programs in a highly demeaning or highly exploitative manner In addition, an advisory note has been included in the code to assist producers of reality programs to comply with the new requirements In MA television programs, all depictions of sexual activity or nudity and all verbal sexual references must now be relevant to the story line or program context and must not be high in impact. These restrictions are aligned with those that apply to MA-classified cinema-release films
Program promotions	The code will allow more flexibility to promote M, MA and AV programs in lower classification time zones, however only material that is suitable for the lower time zone may be shown The code retains times during which promotions for AV programs must not be shown. AV programs may now be included in any program listing but no footage will be allowed and all material must be suitable for the timeslot in which the listing is shown Promotions for MA programs can be shown at any time except during C and P programs, provided the material is suitable for the classification time zone
News and current affairs programs	Under a new provision, if, prior to the broadcast of a news or current affairs program, a person gives consent to the use of material relating to their personal or private affairs, or which invades their privacy, the broadcaster will not breach the code However, consent from a parent in relation to a child will not override the broadcaster’s obligation to exercise special care in relation to the broadcast of a report of a sensitive matter concerning the child Under a new provision, if a broadcaster provides a timely correction that is adequate and appropriate in all the circumstances, then their original failure to broadcast factual material accurately will not be taken to be a breach of the code (This responds to research commissioned by the ACMA which indicates that viewers have high expectations that errors in facts presented in current affairs programs will be corrected)
Time occupied by non-program matter	Existing limits on the time occupied by non-program matter continue to apply to broadcasters’ main services, except during election periods when an additional minute of political non-program matter will be permitted between midnight and 6.00 pm if the hour includes a news program Exemptions from time limits on non-program matter apply in relation to promotions that are 10 seconds or shorter and other material, including program listings and station IDs, which are 30 seconds or shorter
Complaints-handling	Under a new provision, from 1 March 2010, broadcasters must accept complaints made using a form that will be available on the Free TV Australia website (www.freetv.com.au). It is expected that broadcasters will link to the complaints form from their websites

Table 2

Table 2 lists key clauses in the new Multi-channel Appendix to the code, which sets out rules that apply only to digital multi-channels.

Issue	Amendment
PG programming	PG programming will be permitted at any time of day on the digital multi-channels (this does not change the requirement that G classification time zones must be provided on broadcasters’ core channel) Broadcasters will provide on-air information about the new classification time zones Broadcasters will be required to provide additional consumer advice on the multi-channels in the hours before and after school on weekdays and between 6.00 am and 10.00 am on weekends (the G time zones on the main channels). It will be an ongoing requirement of the code to provide this advice for PG programs that are of a strength or intensity that parents or carers of young children may not expect
Non-program matter	Additional non-program matter will be permitted on multi-channels. Non-program matter includes spot commercials and program promotions Between 6.00 pm and midnight, up to an additional two minutes per hour of non-program matter will be permitted compared with limits for broadcasters’ main services. Between midnight and 6.00 pm, an additional one minute per hour of non-program matter will be permitted The ability to broadcast more non-program matter is intended to support the new and emerging multi-channels; for example, the amendments are intended to provide flexibility to show European programs and live sporting events that have longer segments. Under the increased time limits, broadcasters will be able to ‘make up’ in later hours for advertising not shown during those longer segments.

Issue

Amendment

PG programming

PG programming will be permitted at any time of day on the digital multi-channels (this does not change the requirement that G classification time zones must be provided on broadcasters’ core channel)
Broadcasters will provide on-air information about the new classification time zones
Broadcasters will be required to provide additional consumer advice on the multi-channels in the hours before and after school on weekdays and between 6.00 am and 10.00 am on weekends (the G time zones on the main channels). It will be an ongoing requirement of the code to provide this advice for PG programs that are of a strength or intensity that parents or carers of young children may not expect

Non-program matter

Additional non-program matter will be permitted on multi-channels. Non-program matter includes spot commercials and program promotions
Between 6.00 pm and midnight, up to an additional two minutes per hour of non-program matter will be permitted compared with limits for broadcasters’ main services. Between midnight and 6.00 pm, an additional one minute per hour of non-program matter will be permitted
The ability to broadcast more non-program matter is intended to support the new and emerging multi-channels; for example, the amendments are intended to provide flexibility to show European programs and live sporting events that have longer segments. Under the increased time limits, broadcasters will be able to ‘make up’ in later hours for advertising not shown during those longer segments.

Development and review of the code

Under section 123 of the BSA groups representing sections of the broadcasting industry develop and review their codes of practice in consultation with the ACMA.

Successive commercial television industry codes of practice have been developed and reviewed by Free TV Australia and its predecessor organisations.

Under s.123(1), Free TV is required to take account of research conducted by the ACMA in developing codes of practice. In this code review, Free TV took account of:

research conducted in relation to reality television programming; and
research into community attitudes to current affairs programs.

Consultation on a draft code must take place with the public to allow community concerns to be identified and evaluated.

Free TV Australia undertook public consultation on a draft code between 14 August and 25 September 2009. It sought public comment by means of advertisements in the press in every state and territory, made information available on its website, issued a media release and distributed copies and explanatory material to interested parties. Over 1500 submissions were received by Free TV.

At the end of the review process, the ACMA includes a code in its Register of Codes of Practice if the test in section 123(4) of the BSA is satisfied. The test is:

the code provides appropriate community safeguards for the matters it covers;
the code is endorsed by a majority of the providers of broadcasting services in the relevant industry sector; and
there has been adequate public consultation on the code.

ACMA media release 183/2009 – 18 December