lecture notes week 2.

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LECTURE NOTES WEEK 2

WEEK 2
Australian Media Policy The Australian Broadcasting Authority

A Little History

1977: the Australian Broadcasting Control Board (ABCB) was replaced by the Australian Broadcasting Tribunal Established by the Fraser Government, although it was more a result of reforms initiated by the Labor Party.
ABT was a move designed to open up broadcasting policy to the public. ABCB was seen as largely ineffective, with licensees tending to ignore its directions and with the ABCB taking no action against them.
To ensure public participation, the ABT initiated mandatory public hearings into three-yearly licence renewals. Responsibility for licensing was also shifted from the minister to the ABT in order to give it more power.
However, the ABT proved to be ineffective: despite public evidence against them, few changes were asked of broadcasters. "Public Interest" provisions were removed by Fraser after a finding against Murdoch.
The Broadcasting Services Act (Passed in 1992). Aimed at encouraging the entry of new competitors into the market. Emphasised limited regulation, and a move toward more self regulation.
In keeping with this policy, the ABA replaced the ABT on October 5, 1992, and was required to adopt a more "soft-touch" approach to it's operations.
The ABA was primarily set up to administer the Act, although concerns have been raised as to how effectively it does this.
The introduction of the Act and the formation of the ABA represented a move away from an emphasis on public interest, and toward market principles of regulation. This was in keeping with economic rationalist principles which were in vogue at the time.
Previous broadcasting policy and regulation emphasised the rights of the public as "informed citizens" to have a voice in decision making. BSA implied that the public was best served by providing greater program choice, with power being exercised through the ability to switch off.

The Roles of The ABA

Sees itself as "the broadcasting regulator for radio and television in Australia"
Main policy objectives include promoting program diversity, limits of concentration of ownership and foreign control, the need for the media to help foster a national cultural identity, to foster the fair reporting of news and respect for community standards.
Five main areas of operation: OWNERSHIP AND CONTROL, PLANNING AND LICENCING, PROGRAM CONTENT, Research and Library.

OWNERSHIP AND CONTROL

ABA is actively involved in gathering information to assess whether control of commercial broadcasting rests with Australians and to ensure diversity of control.
Commercial television licensees are subject to tighter control than pay TV licensees - ABA believes the former to be more influential.
To obtain information about control, the ABA utilises a number of sources: participants in transactions, major industry players, media reports, other government agencies (eg. ASC), the Stock Exchange and overseas regulators.
ABA has to power to issue notices calling for the production of documents, as well as examine witnesses under oath and to hold public hearings.
If a breach of the Act is detect the ABA can: call on the party in question to take remedial action, or can refer the matter to the Director of Public Prosecutions for court action.

Planning And Licensing.

ABA is responsible for allotting frequencies to broadcasters.
For national and community services, the Minister may notify the ABA to reserve capacity.
Community licenses are awarded according to a merit-based allocation system, whereas Commercial licenses are awarded accorded to a price-based system.
The ABA allocates four main types of licences:

Commercial Broadcasting: Allocated according to price. Licence goes to the highest bidder, or sold at a reserve price if there is only one applicant. Applicants must register with the ABA and pay an application fee
for each licence applied for.
Community Broadcasting: Licences are not to be used for profit or as part of a profit-making enterprise. Although no longer part of legislation, licences tend to fall into two categories: special interest and geographic or broad-based community.
Open Narrowcasting: Issued to broadcasters whose services are limited by being targeted to special interest groups, by being intended for limited locations, by being provided during a limited period, because programs are of limited appeal. Licenses are issued according to a price-based system.
Subscription Broadcasting: Can be provided using any form of delivery (satellite, cable, microwave). Licence areas do no t apply, so service may be transmitted anywhere in Australia. ABA is not required to assess the suitability of a subscription broadcast licensee.

Program Content

ABA is involved in classifying many forms of broadcasting content, but has a special interest in two main areas:

1) Australian Content: New Australian content standards came into effect on Jan 1 1996.

Standard has two main mechanisms: overall transmission quota as well as quotas for specific types of programming (eg documentary, children's, drama).
Amount of Australian drama is calculated by multiplying a "format factor" by program duration. Kid's shows and documentaries are measured in hours.
Project Blue Sky has cast doubt on Aust Content guidelines. High court decisions means that programs made in New Zealand can be classified as "Australian" in accordance with Closer Economic Relations Trade Agreement.
In March, it was announced that the BSA would be amended to prevent an escalation of the Blue Sky issue. However, NZ programs would continue to be
concluded due to the "special relationship between the two countries.

2) Children's Broadcasting

ABA aims to ensure that kids have access to a variety of quality programs made specifically for them.
Also has special provisions to ensure an adequate amount of children's programming is Australian.
Three types of classification: "C" for primary school children, "CAD" for Australian produced children's drama and "P" for preschool children.
Programs are initially assessed by ABA staff and then by specialist consultants on a case-by-case basis.

NOTE: ABA is also responsible for consulting on Codes of Practice, which are different for each type of broadcaster. Part of what the ABA terms the
"new flexible regulatory regime". Industry sets its own guidelines regarding content.

Codes of Practice have to be registered with the ABA, and the public must have been given adequate opportunity to comment on it.

Problems with the ABA:

Lack of accountability and transparency in regulatory processes. May are concerned at the lack of public involvement in policy-making.
Penalties and prohibitions are often thought to be ineffective. What power does the ABA really have?
Inconsistent application of regulation to different services, often failing to ensure diversity of control
Danger of political interference. There are several areas where the Minister can intervene in ABA operations. For example, the Minister can:

give specific directions to the ABA as to the making of determinations and clarifications (s.19(3))
Notify the ABA in writing of the Government's general policies that are to apply to the ABA (s.161)
Give written directions to the ABA as to the performance of the ABA's functions, although directions are to be only of a general nature (s.162).

Some Case Studies.

1) On June 9, ABA announced that it had found Perth Ch 9 guilty of failing to broadcast the required amount of children's TV during Commonwealth Games.

The Result: The ABA decided to take no further action, but would "closely monitor the station's conduct in relation to displacement of children's programming"

2) On July 20, the ABA announced that it would investigate claims that radio broadcasters were accepting fees for editorial comment. The Authority plans to hold two public hearings into the matter, the first dealing with Laws, and the second dealing with other 2UE presenters.

Interestingly, the ABA seems to be more concerned at whether or not the payments were recorded in the gross earnings of the station, which have to be reported to the ABA.

The Result: ?????????

Mark J. Finn
Associate Lecturer
School of Film, Media and Cultural Studies
Griffith University
Nathan, Qld, 4111.

Email: m.finn@mailbox.gu.edu.au
Room: 2.44, Level 2 Humanities Building
Phone: 3875 7434
Mobile: 0412 248 150