COMMONWEALTH OF AUSTRALIA SENATE Official Committee Hansard INFORMATION TECHNOLOGIES COMMITTEE Reference: Self-regulation in the information and communication industries WEDNESDAY, 22 APRIL 1998 SYDNEY BY AUTHORITY OF THE SENATE CANBERRA 1997 INTERNET The Proof and Official Hansard transcripts of Senate committee hearings, some House of Representatives committee hearings and some joint committee hearings are available on the Internet. Some House of Representatives committees and some joint committees make available only Official Hansard transcripts. The Internet address is: http://www.aph.gov.au/hansard SENATE Wednesday, 22 April 1998 SELECT COMMITTEE ON INFORMATION TECHNOLOGIES Members: Senator Ferris (Chair), Senator Quirke (Deputy Chair), Senators Calvert, Harradine, McGauran, Tierney, Reynolds and Stott Despoja Senators attending the hearing: Senator Ferris (Chair), Senator Quirke (Deputy Chair), Senators Calvert and Harradine Matter referred by the Senate for inquiry into and report on: Evaluate the appropriateness, effectiveness and privacy implications of the existing self-regulatory framework in relation to the information and communications industries and, in particular, the adequacy of the complaints regime. WITNESSES BLOCK, Ms Jessica, Corporate Counsel, Nine Network, 24 Artarmon Road, Willoughby, New South Wales 2068 ................................. 332 BRANIGAN, Mr Anthony Michael, General Manager, Federation of Australian Commercial Television Stations, 44 Avenue Road, Mosman, New South Wales 2088 ........................................................ 332 BUSCHMAN, Mr George Henry, Chief Executive Officer, Macquarie Radio Network, Level 8, 368 Sussex Street, Sydney, New South Wales ............ 362 CARROLL, Mr Graeme, Manager, Public Affairs, Federation of Australian Radio Broadcasters Limited, 10/82-86 Pacific Highway, St Leonards, New South Wales 2065 ........................................................ 362 DIXON, Mr Timothy Edwin, Secretary, Australian Privacy Charter Council, Faculty of Law, University of New South Wales, Sydney, New South Wales 2052 380 FIST, Mr Stewart Anthony, 70 Middle Harbour Road, Lindfield, New South Wales 2070 ........................................................ 372 HARVEY, Mr Peter, Private Citizen ................................... 391 KRISHNAPILLAI, Mr Maha, Representing Phil Singleton, Chairman, Service Providers Industry Association, Level 11, 80 Alfred Street, Milsons Point, New South Wales 2061 .............................................. 401 MANNING, Mr Peter Clarence, Head, Current Affairs, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 .......................... 332 MARZBANI, Mr Ramin, Principal, www.consult Pty Ltd, 2 Bridge Street, Sydney, New South Wales 2000 .......................................... 426 MEAKIN, Mr Peter Jeremy, Director, News and Current Affairs, Nine Network, 24 Artarmon Road, Willoughby, New South Wales 2068 .................... 332 O’BRIEN, Mr Dermot John, News Manager, Network Ten Limited, 620 Chapel Street, Melbourne, Victoria 3205 ................................... 332 ODDIE, Ms Susan, General Manager, Business Affairs, Network Ten Limited, 1 Saunders Street, Pyrmont, Sydney, New South Wales .................... 332 PEARSON, Professor Mark Leslie, Head of Communication and Media Studies, Bond University, Gold Coast, Queensland 4229 ........................ 409 ROTHERY, Ms Catherine Margaret, Legal Counsel, Regulatory and Business Affairs, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 . 332 RUDD, Mr John Edward, Network Director of News, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 .......................... 332 WATERS, Mr Nigel, Vice-President, Australian Privacy Charter Council, Faculty of Law, University of New South Wales, Sydney, New South Wales 2052 ....... 380 Wednesday, 22 April 1998 SENATE—Select IT 331 Committee commenced at 9.04 a.m. CHAIR—I call the committee to order and declare open this public hearing of the Senate Select Committee on Information Technologies. The committee was appointed on 27 August 1997 to receive and consider outstanding government responses to the reports of the Senate Select Committee on Community Standards relevant to the supply of services utilising telecommunication technologies; to evaluate the development of self-regulatory codes in the information industries; and to monitor the personal, social and economic impact of continu- ing technological change created by industries and services that utilise information technolo- gies. The committee’s current inquiry is being undertaken under part B of its terms of appointment—that is, to evaluate the appropriateness, effectiveness and privacy implications of the existing self-regulatory framework in relation to the information and communications industries and, in particular, the adequacy of the complaints regime. The committee is undertaking its inquiry into these matters to provide an opportunity for individual citizens and relevant organisations to contribute to the public policy discussion on these matters and to suggest improvements. INFORMATION TECHNOLOGIES IT 332 SENATE—Select Wednesday, 22 April 1998 [9.05 a.m.] BRANIGAN, Mr Anthony Michael, General Manager, Federation of Australian Commercial Television Stations, 44 Avenue Road, Mosman, New South Wales 2088 MANNING, Mr Peter Clarence, Head, Current Affairs, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 ROTHERY, Ms Catherine Margaret, Legal Counsel, Regulatory and Business Affairs, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 RUDD, Mr John Edward, Network Director of News, Seven Network Limited, Mobbs Lane, Epping, New South Wales 2121 BLOCK, Ms Jessica, Corporate Counsel, Nine Network, 24 Artarmon Road, Willough- by, New South Wales 2068 MEAKIN, Mr Peter Jeremy, Director, News and Current Affairs, Nine Network, 24 Artarmon Road, Willoughby, New South Wales 2068 O’BRIEN, Mr Dermot John, News Manager, Network Ten Limited, 620 Chapel Street, Melbourne, Victoria 3205 ODDIE, Ms Susan, General Manager, Business Affairs, Network Ten Limited, 1 Saunders Street, Pyrmont, Sydney, New South Wales CHAIR—Welcome. The committee prefers all evidence to be given in public, but you may at any time request that your evidence, part of your evidence or answers to specific questions be given in camera—which means in private—and the committee will consider any such request. The committee has before it submission No. 29, dated 28 January 1998. Are there alterations or additions that you would like to make to the submission at this stage? Mr Branigan—No. CHAIR—The committee has already authorised the publication of that submission in a separate volume. I now invite you to address the committee and, at the conclusion of your remarks, we will ask questions. Perhaps Mr Branigan could start and then each network may like to have one spokesman, and then we will ask questions individually. Mr Branigan—I would just like to say a few words. The first point to make—and it is one that we have made already to this committee and its predecessor committees—is that we are more closely regulated than any other media. You are, of course, familiar with our code of practice and with the legislative structure in which it is located. You are aware of the Australian Broadcasting Authority’s role as a court of appeal and, effectively, as the ultimate interpreter of the code of practice. The guidance contained in the code of practice is more detailed than that in the codes of practices of other broadcasters. It is a fact that there is no uniform code for the press. As far INFORMATION TECHNOLOGIES Wednesday, 22 April 1998 SENATE—Select IT 333 as we are aware, indeed, there is very little of substance at all covering the print media. We believe that television has a pretty good record on a whole range of issues relating to community perceptions of what is appropriate or acceptable in media. The code is more a reflection of this than the cause of it, but it certainly underpins the approach that commercial television stations take. Given the diversity of our society—the many different generations, backgrounds and value systems that make up our community—there is surprisingly little dissatisfaction with the way that we do our job, particularly in relation to news and current affairs. We have quoted the ABA’s research on community concerns in our submission. These show a very low level of concern about the subject matter that this committee is specifically looking at— privacy issues. We have also quoted figures on the number of complaints that stations have fielded on privacy issues. They amount to precisely 25 complaints among the 3,773 complaints that we have logged in just on 4½ years. That is obviously a tiny percentage, well under one per cent. Of those 25 complaints, only two were upheld. It is worth putting these complaints into the context of the number of hours of news and current affairs that are broadcast each year by commercial television stations. Metropolitan stations broadcast something like 5,700 hours of news and current affairs each year. Regional stations broadcast a further 4,000 to 5,000 hours. So we are looking at something like 10,000 hours of news and current affairs a year which attract on average about six written com- plaints each year: clearly a tiny percentage. People here today are responsible for putting a substantial proportion of those hours of news and current affairs to air. Between them they have, I am sorry to