3ECB, Melbourne East - ACMA Investigation Report 2550

Investigation Report No. 2550

File No. ACMA 2011/247

Licensee Eastern Community Broadcasters Inc

Station 3ECB, Melbourne East

Type of Service Community Radio

Issues Present factual material accurately Distinguish clearly factual material from commentary Complaints handling

Relevant Code Codes 3.6(b), 3.6(c), 7.2, 7.3(a), 7.3(b) and 7.3(c) of the Community Radio Broadcasting Codes of Practice 2008

Investigation conclusion The licensee of 3ECB, Eastern Community Broadcasters Inc:  Breached Codes 7.2, 7.3(a), 7.3(b) and 7.3(c) of the Community Radio Broadcasting Codes of Practice 2008 [complaints handling]. No finding in relation to the licensee’s compliance with Codes 3.6(b) and 3.6(c) of the Community Radio Broadcasting Codes of Practice 2008 [factual accuracy and distinguishing factual material from commentary].

ACMA Investigation Report – 3ECB – Compliance with Codes The complaint On 28 January 2011, the Australian Communications and Media Authority (the ACMA) received a complaint alleging that Eastern Community Broadcasters Inc, the licensee of 3ECB, was not complying with the Community Radio Broadcasting Codes of Practice 2008 (the Codes) because it broadcast factually inaccurate political material and did not distinguish factual material from commentary. The complainant wrote to the 3ECB Managing Director in November 2010. The complainant states that they did not receive a response to their complaint within the timeframe specified in the Codes.

The service 3ECB commenced its service on 28 January 1991, and had its licence renewed on 25 January 2011, with an expiry date of 24 January 2016. 3ECB is licensed to serve the general population in the Melbourne East RA1 licence area, which includes the local government areas of Maroondah, Knox, Manningham, Whitehorse and Yarra Ranges within the eastern section of the Melbourne city limits.

Assessment The assessment is based on written submissions from the complainant, received on 28 January 2011, and the licensee, received on 16 February 2011 and 1 April 2011.

Issue 1 – Accuracy and distinguishing factual material from commentary

Complainant’s submissions On 28 January 2011 the complainant submitted to the ACMA a copy of their correspondence with 3ECB from November 2011 that stated:

I have been concerned about the remarks made, approximately 3 weeks ago, by a Radio Eastern presenter who had recently returned from North Korea. He spoke of ‘cultural’ events he had attended and noted how happy the people were in this wonderful country. The propaganda of the Nazi regime in presenting concentration camps as holiday camps is chillingly similar. For him to go on and tell us that we should not believe what our

ACMA Investigation Report – 3ECB – Compliance with Codes 2 government tells us about North Korea is beyond the pale. These views may appeal to some of your listeners but they lower the standing of Eastern FM to that of a ‘red neck’ radio station. After your Eastern Regional News a statement to the effect that some views from outside news sources may not necessarily be those of this station is given. I trust that this also applies to presenters with such ill informed opinions.

Licensee’s submissions The licensee submitted to the ACMA on 16 February 2011 that:

The Committee of Management conducted an investigation in to the matters raised […] and advise the following:

Due to technical difficulties with our digital logger, the passage of time between the broadcast and the complaint, and the absence of detail regarding the specific time of the alleged comments in the complaint, we were unable to obtain a recording of the said program. We are therefore unable to determine whether the complaint is accurate.

Notwithstanding the inability to obtain a copy of the broadcast, we conducted a thorough review of our policies and procedures in relation to complaints and program content of a political capture. In summary, the station has for many years maintained a policy of not permitting presenters to make comment on such matters. This exists in our Presenters Hand Book (page 22) and our Presenters’ Agreement (copies enclosed).

In relation to these reviews, I can advise of the following actions taken by the Committee of Management:

1. A memorandum sent to all presenters reminding them of their obligations to adhere to policies and procedures (copy attached).

2. A revision of our policies and procedures regarding the handling of a complaint (copy enclosed).

We conduct a series of training programs for new and existing presenters. This matter will be added to the ongoing training of our volunteers to ensure there is a detailed understanding of the policies and procedures in this regard.

The licensee submitted to the ACMA on 1 April 2011 that:

We have reviewed the preliminary report and have no issue with its contents. As previously indicated, we have acted promptly to address the policy and procedure concerns to prevent this situation arising in the future. We have scheduled a Board meeting on Monday 4 April to reinforce the importance of implementing the policy changes.

Finding It is the view of the delegate that there is not sufficient evidence available to make a finding in relation to the licensee’s compliance with Codes 3.6(b) and 3.6(c) of the Community Radio Broadcasting Codes of Practice 2008.

ACMA Investigation Report – 3ECB – Compliance with Codes 3 Reasons Code 3 of the Codes requires community broadcasters to broadcast programs that reflect their community interest. In the presentation of news, current affairs and documentaries, community broadcasters are required to present factual material accurately and clearly distinguish factual material from commentary and analysis. It appears that 3ECB’s Committee of Management made a reasonable attempt to identify, and source, a copy of the broadcast referred to in the complainant’s letter. However, as the complainant did not provide exact details of the date and time of the broadcast, it has been unable to identify the program and presenter. Without a copy of the broadcast there is not enough evidence to consider whether the broadcast complied with the provisions of Code 3, and therefore no finding can be made on the licensee’s compliance with Codes 3.6(b) and 3.6(c) of the Codes.

Issue 2 – Complaints handling

Complainant’s submissions The complainant submitted to the ACMA on 28 January 2011 that:

I have attached the text of a complaint I sent to the Managing Director, Radio Eastern FM 98.1 at [address removed] in late November 2010. As yet, I have not received a reply and would appreciate your assistance in this matter.

Licensee’s submissions The licensee submitted to the ACMA on 16 February 2011 that:

The Committee of Management conducted an investigation in to the matters raised […] and advise the following:

I advise that we did not respond to [the complainant’s] letter. This was due to the inability to obtain a recording of the matter [the complainant] raised in his complaint. The absence of a response is not acceptable and we apologise to [the complainant] accordingly.

ACMA Investigation Report – 3ECB – Compliance with Codes 4 We do believe that we made reasonably attempts to obtain a copy of the program, however due to the labour intensity involved and the absence of detail and the technical failure of our logger (which was subsequently promptly rectified), this was not possible.

In relation to these reviews, I can advise of the following actions taken by the Committee of Management:

1. A memorandum sent to all presenters reminding them of their obligations to adhere to policies and procedures (copy attached).

2. A revision of our policies and procedures regarding the handling of a complaint (copy enclosed).

We conduct a series of training programs for new and existing presenters. This matter will be added to the ongoing training of our volunteers to ensure there is a detailed understanding of the policies and procedures in this regard.

The licensee submitted to the ACMA on 1 April 2011 that:

We have reviewed the preliminary report and have no issue with its contents. As previously indicated, we have acted promptly to address the policy and procedure concerns to prevent this situation arising in the future. We have scheduled a Board meeting on Monday 4 April to reinforce the importance of implementing the policy changes.

Finding

The delegate finds that the licensee’s handling of this complaint did not comply with Code 7.2, 7.3(a), 7.3(b) and 7.3(c) of the Community Radio Broadcasting Codes of Practice (2008).

Reasons Code 7 of the Codes requires community broadcasters to have appropriate policies and procedures in place to ensure that they satisfy their legal requirements relating to complaints handling. The implementation of these policies and procedures ensures complaints are considered in a timely and transparent manner, and that issues can be addressed under an established protocol that is clear and documented. 3ECB provided a copy of its Complaints Policy and Procedure with its 16 February 2011 submission. This document includes clear provisions for how complaints should be received and considered. However, it appears that these provisions were not implemented in 3ECB’s handling of this complaint. The licensee has confirmed that it received the complaint and that it did not consider the complaint to be frivolous, vexatious or not made in good faith. The licensee has also confirmed that it failed to acknowledge the complaint or to provide the complainant with any information regarding its handling of the complaint. While it appears that 3ECB made some effort to source the broadcast, it failed to do so based on the information provided by the complainant. However, 3ECB made no effort to contact the complainant to seek further information regarding the broadcast time and date. As such, it failed to make every reasonable effort to resolve the complaint and is in breach of code 7.2 of the Codes.

ACMA Investigation Report – 3ECB – Compliance with Codes 5 Furthermore, by failing to acknowledge the receipt of the complaint, and not responding to the complainant after the broadcast could not be sourced, the licensee failed to comply with its requirements under Code 7.3(a), 7.3(b) and 7.3(c).

Action taken The 3ECB Committee of Management has undertaken a review of the implementation of its complaints handling policy and procedure, as a result of its handling of this complaint. Further, it has reminded all presenters, through a memorandum, of their responsibilities under the Codes, with particular regard to programming and complaints handling. The ACMA considers these actions address the compliance issues raised by the investigation and will continue to monitor the licensee’s performance in this regard.

Decision I, Desa Bajic, Manager, Community Renewal sand Investigations Section, being the appropriate delegated officer of the Australian Communications and Media Authority, determine for the above reasons that Eastern Community Broadcasters Inc, the licensee of 3ECB:  Breached Codes 7.2, 7.3(a), 7.3(b) and 7.3(c) of the Community Radio Broadcasting Codes of Practice 2008 [complaints handling]. In relation to the licensee’s compliance with codes 3.6(b) and 3.6(c) of the Community Radio Broadcasting Codes of Practice 2008 [factual accuracy and distinguishing factual material from commentary], there is no evidence available that the licensee breached this provision.

Signed: ------Desa Bajic dated this day of April 2011

ACMA Investigation Report – 3ECB – Compliance with Codes 6