Commercial radio standards - ACMA seeks comment on draft reformed commercial radio standards
The ACMA is seeking public comment on proposed reforms to the advertising and disclosure program standards for commercial radio. The ACMA is also consulting on its draft legislative instrument to revoke the current compliance program standard.
The changes to the Broadcasting Services (Commercial Radio Advertising) Standard 2000 are intended to:
- Require advertising to be distinguishable from other program material at the time of broadcast rather than later in a program or segment generally.
- Improve the definition of 'consideration' to capture advertising for which licensees receive 'other beneficial and indirect benefits'.
The changes to the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 are intended to:
- Improve the definition of 'consideration' to capture commercial agreements under which licensees receive 'other beneficial and indirect benefits'.
- Broaden the kinds of commercial agreements which must be disclosed on-air and on the register to capture agreements where a current affairs presenter is not a party to the agreement but has an interest in the licensee company which is a party.
- Remove the six scripted statements for on-air disclosure to allow current affairs presenters to identify sponsorship in a more flexible way.
The ACMA is also proposing to revoke the Broadcasting Services (Commercial Radio Compliance Program) Standard 2000 which currently provides for compliance education and auditing to be undertaken by commercial radio licensees.
These changes are contained in the draft regulatory instruments below:
Written submissions on the draft instruments are welcome. The closing date for submissions is Friday 16 December 2011.
Submissions should be sent:
By email: email@example.com
Project Manager-Review of the commercial radio standards
Broadcasting Standards Section
Australian Communications and Media Authority
PO Box Q500
Queen Victoria Building NSW 1230
The ACMA will consider submissions received in response to the draft instruments when finalising the revised standards. It is anticipated the revised standards and accompanying explanatory statements will be made by 1 March 2012 and be registered on the Federal Register of Legislative Instruments (www.frli.gov.au) and placed on the ACMA website.
The timeframe for the finalisation of the revised standard is indicative only and may be subject to change, depending on the issues raised in submissions and the views expressed by industry regarding the time needed to implement the reforms to the standards.
Publication of submissions
In general, the ACMA publishes all submissions it receives.
The ACMA prefers to receive submissions which are not claimed to be confidential. However, the ACMA accepts that a submitter may sometimes wish to provide information in confidence. In these circumstances, submitters are asked to identify the material over which confidentiality is claimed and provide a written explanation for confidentiality claims.
The ACMA will consider each claim for confidentiality on a case by case basis. If the ACMA accepts a confidentiality claim, it will not publish the confidential information unless required to do so by law.
When can ACMA be required by law to release information?
Any submissions provided to the ACMA may be released under the Freedom of Information Act 1982. The ACMA may also be required to release submissions for other reasons including for the purpose of parliamentary processes or where otherwise required by law (for example a court subpoena). While the ACMA seeks to consult submitters of confidential information before that information is provided to another body or agency, the ACMA cannot guarantee that confidential information will not be released through these or other legal means.