INVESTIGATI NS BREACHES BY BROADCASTERS

outcome of that monitoring On 22 March 2005, the PRIME TV within two weeks of the ABA received a complaint conclusion of the monitoring alleging that Prime Television TO MONITOR period. in Newcastle was not captioning CAPTIONING The undertaking follows a any of its local news broadcasts. finding by the former Australian In response to the STANDARDS Broadcasting Authority preliminary breach finding, (ABA) that the licensee Prime advised that it has Prime Television (Northern) Pty breached Regulation 3.01 of provided captioned local news Ltd, the licensee of commercial the Broadcasting Services broadcasts in the Newcastle television service NEN (Digital Television Standards) area since 11 April 2005 and Northern New South Wales, Regulations 2000, by not in the Tamworth and the North has provided an undertaking to providing a captioning service Coast areas since 3 May 2005. monitor local news compliance for local news broadcast in the Given the seriousness of with captioning standards for NEN regional licence area for the breach, the ABA decided to three months. more than two years since it seek an undertaking from the Prime has also undertaken commenced transmission in licensee, which was provided to report to ACMA on the digital mode on 31 March 2003. on 30 June 2005. The full reports on these investigations into potential breaches by licensees are on the ACMA website, www.acma.gov.au. TVQ Brisbane invaded Go to ACMA > Publications > Broadcasting > privacy and failed to exercise Investigations and then Radio operations and Television operations. special care before using a The reports are arranged in order of child’s name licensee. The ABA found that Network schools broadcast in the First The Ten Network advised the Ten Brisbane Pty Ltd, the At Five news program on TVQ. ABA that it has conducted licensee of commercial The complainant alleged that code training with the relevant television service TVQ the licensee breached her and newsroom and will bring this Brisbane, breached the her son’s privacy by revealing finding to the attention of all Commercial Television Code of their names in the broadcast. news staff. Practice 2004. The ABA determined that While deciding not to take The licensee was found to the licensee: any action on this occasion, have used material that invaded • breached clause 4.3.5 of the licensee’s compliance with a person’s privacy and to have the Commercial Television these code provisions will failed to exercise special care Industry Code of Practice continue to be monitored. before using material relating 2004 by using material The licensee has also to a child’s personal or private which invaded the reminded network staff of affairs in the broadcast of a complainant’s privacy the importance of ensuring report of a sensitive nature • breached clause 4.3.5.1 that complaints are processed concerning the child. of the code by failing to through the proper channels, The ABA also found TVQ exercise special care before and of advising complainants breached the code by failing to using the name of the of their right to refer code advise the complainant that she complainant’s son and complaints to the ABA. The could refer her complaint to the • breached clause 7.12 the ABA considered that this action ABA. code by failing to advise the addresses the compliance issue On 23 February 2005, complainant that she may raised by the investigation. the ABA received a written refer the matter to the ABA complaint regarding a news if not satisfied with the item concerning bullying in licensee’s response.

14 ACMAsphere | Issue 1 – September 2005

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