The ABA is proposing to determine three program standards for commercial radio licensees after finding a systemic failure to ensure the effective operation of the industry's self-regulatory codes of practice he ABA is proposing to have to closely administer 3 April 2003 that will provide approach taken by 3AW to determine three pro­ practices in the industry. The at least the same level of com­ the issue of compliance with Tgram standards for ABA proposes to do this, but munity safeguards as are con­ the codes and the endorse­ commercial radio licensees only for a limited period. Our tained in the proposed ment of products and services after finding a systemic failure purpose is to have mainly standards. by presenters. to ensure the effective opera­ self-regulatory codes in place The ABA found a substantial The ABA found that there tion of the industry’s self­ that commercial radio owns failure by commercial radio appears to have been a sys­ regulatory codes of practice. and which guides it in the licensees to comply with temic failure to ensure the The three proposed stand­ preparation and broadcast of Codes 2 and 3 of the Commer­ effective operation of self­ ards, which are contained in current affairs. This is not to cial Radio Codes of Practice. regulation, particularly in re­ the ABA’s final report of the impose unnecessary bureau­ The ABA found 12 breaches lation to current affairs Commercial Radio Inquiry, cratic burdens on the broad­ of the codes by 5DN Adelaide programs, at four of the major relate to disclosure of com­ caster. It is to ensure that and 17 breaches of the mercial agreements by pre­ listeners have available mainly codes by 6PR Perth. (In senters of current affairs self-regulated commercial its report on 2UE Syd­ programs, the need to distin­ broadcasting services that pro­ ney released earlier this guish advertisements from vide, at a very high standard, year, the ABA had found other programs and the estab­ the fair and accurate coverage 90 breaches of the codes lishment of compliance pro­ of matters of public interest.’ and also had found five grams by licensees. Unlike ‘That was the wish of Parlia­ breaches of the licence codes of practice, compliance ment in 1992 and, with good­ condition relating to ‘po­ with standards is a condition will on all sides— by the litical matter’.) of a broadcaster’s licence. The broadcasters and the regula­ While the ABA’s inves­ proposed standards would tor— it can be achieved. If it is, tigation into 3AW Mel­ commence operation on 1 No­ it will offer a fresh start for co­ bourne did not find any vember 2000 and end on 2 regulation with a model which breaches of the codes April 2003. will be an example to others.’ or the Act, it did find In releasing the final report The ABA expects that by the that 3AW did not have the ABA Chairman, Professor cessation of the proposed adequate systems in David Flint said: ‘This report standards the commercial ra­ place to communicate looks to the future. The sys­ dio industry will have devel­ information to staff con­ tem of co-regulation intro­ oped, and submitted to the cerning the codes. Nei­ duced in 1992 always ABA for registration, codes of ther did it find any Professor David Flint, ABA Chairman and John Corker, ABA General Counsel, at envisaged that the ABA might practice to operate from evidence of a standard the release of the reports. A u g u s t 2 0 0 0 3 ABA ^U pdate talkback stations in the coun­ work within which day to day personnel and sponsors of many listeners, and talkback try. A number of the current operations are conducted in current affairs programs must is a significant source of infor­ affairs programs on these sta­ an appropriate and ethical always be disclosed; mation and opinions for the tions are widely syndicated to fashion. Dealing with ethical • relevant commercial agree­ entire community. regional areas. Within a sig­ issues is, by definition, a mat­ ments between key station It is the ABAs view that nificant proportion of current ter of dealing with shades of personnel and sponsors in licensees should note in par­ affairs programs, the codes grey rather than black and other programs should be dis­ ticular the importance placed are not operating to provide white. All codes of conduct or closed; by the Parliament on the in­ appropriate community safe­ practice require interpretation, • presenters of current affairs fluence broadcasting services guards. and facility with their impact programs must (and present­ may have in political debate. The ABA is concerned about on day to day activities is ers of other programs should) The ABA will continue to view a number of practices in the achievable only through edu­ provide a full copy of all their seriously any breaches of the commercial radio broadcast­ cation, practice and regular relevant commercial agree­ Act in relation to political mat­ ing industry evidenced by its reinforcement. The proper and ments to the licensee; ter. investigations. These include successful implementation of • advertisements must not be The ABA considers that the undisclosed commercial rela­ any code of practice requires presented as other programs; legislation should be amended tionships between presenters that each of these elements be and to require licensees to keep a and third parties including present. • licensees must comply with copy of all material broadcast advertisers; and undisclosed The ABA s investigations into the requirements of Clause 4 for a period of six months commercial arrangements be­ the commercial radio industry of Schedule 2 of the Act in rather than the present 60 days. tween licensees and advertis­ show that these basic elements relation to the broadcast of In addition the ABA considers ers (including agreements for of code implementation have political matter and must en­ that its existing powers lack the use of outside broadcasts been either absent or mini­ sure that the identity of third the flexibility and force to in advertising campaigns). The mally addressed in each li­ parties, at whose request po­ properly respond to serious ABA has concluded that these censee under examination. In litical matter is broadcast, is code breaches and that it lacks practices have influenced the most cases, the steps that have disclosed. sanctions that have immedi­ content of programs. been taken have been imple­ Radio is an influential me­ ate effect. The evidence before the ABA mented only in response to dium. In particular, the treat­ The report lists options which indicates that the effort made actual or threatened regula­ ment of current affairs the government could con­ by the licensees examined to tory intervention, and are of (including talkback program­ sider to remedy this situation. ensure compliance with the such superficiality as to have ming) on radio can influence These include: codes has been inadequate. been unlikely to succeed. the course of political and • the power to direct adver­ Codes of practice deal with The ABA is of the view that: social debate in Australia. tising free periods; ethical issues. Their principal • relevant commercial agree­ Talkback announcers carry • the power to designate a function is to provide a frame­ ments between key station considerable weight with period of time a presenter is Printed copies of the reports are available from the ABA: The reports, and other public documents associated with the inquiry are available on the ABA's web site at: <www.aba.gov.au/what/ investigate/commercial_radio/rndex.htm>. Comment The ABA invites comment on the proposed standards presented in its final report. The ABA also seeks comment on its preliminary view that the determination of standards, to operate for the same period as the two conditions on the licence of commercial radio broadcaster 2UE Sydney, is the appropriate regulatory action to ensure community safeguards for the matters covered by the proposed standards. Submissions Submissions will be public documents and should be provided to the ABA in hard copy and in electronic form to facilitate their posting on Commercial Radio Inquiry: Report the ABA's web site. Submissions can be sent by email to Commercial Radio Inquiry: Final [email protected] or to the Manager Program Standards, ABA, Report of the Australian of the Australian Broadcasting Authority Investigations into 3AW 201 Sussex Street, Sydney. Broadcasting Authority (price Melbourne, 5DN Adelaide and Submissions must be received by 5 p.m. Friday 15 September 2000. $30 incl GST) 6PR Perth( $35 (incl GST). 4 prohibited from broadcasting; • the power to require on-air corrections or the findings of ABA investigations to be broadcast; • the power to impose a civil penalty; and • a general power to approach the Federal Court for injunc­ tion orders (in relation to breaches of the law, but not of the codes.) In developing options for legislative change, the ABA considered how these issues are dealt with in Canada, Ger­ many, France, Sweden, the United Kingdom and the Professor Flint and John Corker field questions from the media United States. In the course of conducting Background matters of public interest recog­ ganisation representing the the inquiries into commercial nises that for most people broad­ major Australian banks). On radio, a number of important Section 4(1) of the B roadcast­ casting is a major source of 15 July 1999, the ABA an­ ethical issues also came to the ing Services Act 1992provides: information on issues and events nounced that it would be us­ ABA’s attention. As they were The Parliament intends that dif­ in the world ... It is intended ing its formal powers under outside the scope of the in­ ferent levels of regulatory con­ that, in the reporting of events the Broadcasting Services Act quiries and the ABA’s formal trol be applied across the range and the presentation of issues, to conduct an investigation responsibilities, the ABA did of broadcasting services accord­ providers of broadcasting serv­ into the issues raised by the not consider it appropriate to ing to the degree of influence ices will report the facts and ‘Media Watch’ program.