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Action on broadcasting complaints: July to September 2018

Valid-complaints png 32 valid complaints assessed

commenced-investigations png 16 investigations commenced

finalised-investigations png 18 investigations finalised

Breach png 8 breaches of the relevant code/clause/standard found

 

Quarterly highlights

Rules that restrict gambling advertising during live sport were recently revised. The rules apply to television, radio and online services.

The ACMA developed the rules in line with the Australian Government’s policy of stronger restrictions on gambling advertising during live sport. The rules came into effect in two tranches, with revised restrictions for television and radio commencing on 30 March 2018, and new restrictions for online content services commencing 28 September 2018.

We’re monitoring the operation of these restrictions and will consider whether to conduct a formal review of their effectiveness in the future.

The ACMA considers every complaint it receives and assesses whether to investigate.

Broadcasting complaints

Broadcasting complaints

Investigations commenced or declined by broadcast sector

Investigations commenced or declined by broadcast sector

Investigations finalised

Investigations finalised

Investigations finalised by broadcast sector

Investigations finalised by broadcast sector

Broadcasting: average time taken to finalise closed investigations as at 30 September 2018

Broadcasting: average time taken to finalise closed investigations as at 30 September 2018 

Provisions investigated

The ACMA receives and investigates complaints about a wide variety of licence conditions, program standards and codes of practice. Broadcasting codes of practice investigations commonly assess a broadcast against more than one provision of the relevant code.

The following table shows finalised investigations that considered provisions of the various codes of practice. Breaches during this period are shown in bold.

Investigation number Broadcaster Provisions investigated

Provisions of the Commercial Radio Australia Code of Practice 2017

BI-427

Triple M Melbourne Pty Ltd

  • 2.2: Material not suitable for broadcast

Provisions of the Commercial Television Industry Code of Practice 2015

BI-363

Channel Seven Sydney Pty Ltd

  • 2.6.2: Material not suitable for broadcast
  • 3.2.1(a): Distress
  • 3.3.1 Accuracy and fairness

BI-405

Channel Seven Melbourne Pty Ltd

  • 3.3.1: Accuracy and fairness
  • 3.4.1: Impartiality

BI-406

Queensland Television Ltd.

  • 2.2.1: Classification—general rules

BI-409

Channel Seven Queensland Pty. Limited

  • 2.2.1: Classification—general rules

BI-425

Swan Television & Radio Broadcasters Pty Ltd

  • 5.4.2: Advertising—hourly limits

BI-410

Channel Seven Brisbane Pty Limited

  • 2.2.1: Classification—general rules

Provisions of the Broadcasting Services Act 1992

BI-414

Network Ten (Melbourne) Pty Ltd

  • Part 9D to the BSA: 130ZR(1): Captioning (Basic Rule—Primary channels—Commercial TV and National broadcasters)
  • Part 9D to the BSA: 130ZUB(1): Captioning (Certain breaches to be disregarded—Commercial TV)
  • Schedule 2 to the Broadcasting Services Act 1992: Captioning

BI-412

Futrends Pty Ltd

  • S.133: Commercial radio broadcasting licence
  • S.18: Open narrowcasting services

BI-413

W & A Willmington Pty Ltd

  • S.18: Open narrowcasting services

BI-416

The University of Newcastle

  • Schedule 2: para 9(3)(b) [hourly time limit for sponsorship announcements]

BI-417

The University of Newcastle

  • Schedule 2: para 9(3)(b) [hourly time limit for sponsorship announcements]

BI-422

Sunraysia Community Radio Association Inc.

  • Schedule 2: para 9(2)(c)(ii) [community participation in the selection of programs]

Provisions of the Broadcasting Services Act 1992 and Community Radio Broadcasting Codes of Practice 2008

BI-359

Bayside Community Radio Association Inc

  • Schedule 2: para 9(2)(c)(ii) [community participation in the selection of programs]
  • Schedule 2: para 9(2)(e) [operating the service as part of a profit-making enterprise]
  • No breach of code 3.2 [potential for distress, meeting prevailing community standards] of the Community Radio Broadcasting Codes of Practice 2008

Provisions of the national broadcaster (ABC and SBS) codes

BI-402

Australian Broadcasting Corporation

  • 5.1: Inform participants
  • 5.2: Refusal to participate
  • 7.1: Harm or offence must be justified
  • 7.3: Appropriate classification

BI-407

Australian Broadcasting Corporation

  • 2.1: Accuracy
  • 2.2: Materially mislead audiences
  • 3.1(a): Corrections
  • 4.1: Impartiality

BI-411

Australian Broadcasting Corporation

  • 2.1: Accuracy
  • 4.1: Impartiality

Provisions of the open narrowcast television codes of practice

BI-418

West TV Ltd

  • 1.2: Accuracy and fairness
  • 2.4: Complaints-handling

 

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