AUSTRALIAN BROADCASTING TRIBUNAL ANNUAL REPORT 1981-82 ANNUAL REPORT AUSTRALIAN BROADCASTING TRIBUNAL 1981-82 Australian Government Publishing Service Canberra 1982 © Commonwealth of Australia 1982 ISSN 0728-606X Printed by Canberra Publishing & Printing Co .. Fyshwick. A.C.T. 2609 The Honourable the Minister for Communications In conformity with the provisions of section 28 of the Broadcasting and Television Act 1942, as amended, I have pleasure in presenting the Annual Report of the Australian Broadcasting Tribunal for the period l July 1981 to 30 June 1982. David Jones Chairman iii CONTENTS PART/ INTRODUCTION Page Legislation 1 Functions of the Tribunal 1 Membership of the Tribunal 1 Meetings of the Tribunal 2 Addresses given by Tribunal Members and Staff 2 Organisation and Staff of the Tribunal 4 Location of the Tribunal's Offices 4 Overseas Visits 5 Financial Accounts of the Tribunal 5 PART II GENERAL Broadcasting and Television Services in operation since 1953 6 Financial results - commercial broadcasting and television stations 7 Fees for licences for commercial broadcasting and television stations 10 Broadcasting and Televising of political matter 13 Political advertising 15 Administration of Section 116(4) of the Act 16 Complaints about programs and advertising 18 Appeals or reviews of Tribunal Decisions and actions by Commonwealth 20 Ombudsman, AdministrativeReview Council and Administrative Appeals Tribunal Reference of questions of law to the Federal Court of Australia pursuant 21 to Section 22B of the Act PART III PUBLIC INQUIRIES Introduction 22 Licence renewal inquiries 22 Licence grant inquiries 27 Licences granted without holding inquiries 29 Inquiries into transactions relating to the ownership or control of 29 stations Reports 31 Inquiry into cable and subscription television services and related 31 matters PART IV: LICENSING- BROADCASTING Currentlicences for commercial broadcasting stations 34 Grant of licences and commencement of operation 34 Transfer of licences and operation of stations 34 Ownership or control of commercial broadcasting stations 35 Changes in shareholdings in broadcasting stations 35 Memorandum and articles of association of licensee companies 36 Networks of commercial broadcasting stations 36 Broadcasting translator stations 37 Commercial broadcasting translator stations 38 Grant of licences for commercial broadcasting translator stations 38 Public broadcasting stations 38 Grant of licences for public broadcasting stations 39 Allocation of call signs 39 Permits for test transmissions 39 V PARTV PROGRAM SERVICES - BROADCASTING STATIONS Page Program and advertising standards 41 Complaints about radio programs and advertising 41 Types of programs 41 Australian content 42 Australian performance study group 46 Program research 47 Hours of service - broadcasting 48 PART VI LICENSING- TELEVISION Current licences for commercial television stations 49 Transfer of li.cences 49 Ownership or control of commercial television stations 49 Changes in shareholdings in television stations 50 Memorandum and articles of association of licensee companies 50 Television translator stations 51 Commercial television translator stations 51 Commencement of service of television translator stations 51 Grant of licences for television translator stations 52 Television repeater stations 53 Community television aerial systems 53 PART VII PROGRAM SERVICES- TELEVISION STATIONS Television program and advertising standards 54 Complaints about television programs and advertising 54 Analysis of programs 54 Australian content of programs 56 Children's programs 61 Advertising 64 Health Commission of NSW "Get It Off' television advertisements 70 News and current affairs 70 Film censorship and classification of programs - television 71 Extracts from Australian film "Starstruck" 73 Religious programs 73 Program research 74 Children's Program Committee 75 Hours of service - television 77 Acknowledgements 78 PART VIII APPENDIXES A. Commercial broadcasting stations in operation on 30 June 1982- 79 medium frequency services B. Commercial broadcasting stations in operation on 30 June 1982- 86 frequency modulation services C. National broadcasting stations in operation on 30 June 1982- 87 medium frequency services D. National broadcasting stations in operation on 30 June 1982- 90 frequency modulation services E. Public broadcasting stations in operation on 30 June 1982- 91 frequency modulation/medium frequency services F. Broadcasting stations established by the Special Broadcasting Service under the Broadcasting and Television Act 1942 as 94 amended, in operation on 30 June 1982 G. Commercial Broadcasting Translator Stations in operation on 30 95 June 1982 H. Commercial Television Stations in operation on 30 June 1982 96 vi Page I. National Television Stations in operation on 30 June 1982 IOI J. Television Stations established by the Special Broadcasting Service 106 under the Broadcasting and Television Act 1942 as amended, in operation on 30 June 1982 K. Commercial Television Translator Stations in operation on June 107 1982 L. National Television Translator Stations in operation on 30 June 114 1982 M. Television Repeater Stations in operation on 30 June 1982 123 N. Commercial Television Stations - Principal Shareholders in 124 Licensee Companies 0. Multiple Shareholding Interests of Newspapers and Others in 133 Broadcasting and Television Stations P. Newspaper Shareholding Interests of a Minor Nature in Com- 151 mercial Broadcasting Stations and Commercial Television Stations Q. Statistical Analysis of Television Programs 154 R. Australian Content of Television Programs Points System- 161 Effective from 8 February 1976 S. Current Research Publications- Australian Broadcasting 204 Tribunal T. Determinations made by the Australian Broadcasting Tribunal 206 U. Australian Broadcasting Tribunal- Decision and Reasons re 231 Advertisements produced for Television on behalf of The Health Commission of New South Wales V. Australian Broadcasting Tribunal- Consolidated list of 'C 234 classified programs W. List of reports on public inquiries 247 X. Financial Statement- Australian Broadcasting Tribunal 249 vii PART I INTRODUCTION LEGISLATION 1. The broadcasting and television services of Australia operate under the pro­ visions of the Broadcasting and TelevisionAct 1942, as amended, hereinafter referred to as "the Act". Other relevant Acts are the Broadcasting StationsLicence Fees Act 1964, as amended, the TelevisionStations Licence Fees Act 1964, as amended, and the ParliamentaryProceedings BroadcastingAct 1946, as amended. Under the last-named Act, the Australian Broadcasting Commission (ABC) is obliged to broadcast the proceedings of the Senate or the House of Representatives from one of the national broadcasting stations in each capital city and Newcastle, and from such other national broadcasting stations as are prescribed, according to the determination of the Joint Committee on the Broadcasting of Parliamentary Proceedings. 2. The Act was amended on one occasion during the year: by section 100 of the Companies and Securities Legislation (Miscellaneous Amendments) Act 1981. The amendment was of a minor nature, varying the title of the legislation referred to at sub-section 92 FAB (4) from Companies Ordinance1962 to Companies Act 1981. 3. The Act was reprinted during the year. The new reprint incorporates amendments to 31 January 1982 and does not incorporate the amendment referred to above. 4. The Broadcasting Stations Licence Fees Act 1964 and the Television Stations Licence Fees Act 1964 were amended during the year to provide for a new scale of licence fees payable by licensees. Details regarding the amendments are set out in paragraphs 42-44of this report. 5. The complete regulations under the Act are contained in consolidated Statutory Rules 1966 No. 152 as amended by Statutory Rules 1967 No. 167, 1968 No. 112, 1969 No. 165, 1970 No. 143, 1970 No. 196, 1971 No. 163, 1972 No. 162, 1973 No. 1, 1978 No. 202 and 1981 No. 107. FUNCTIONS OF THE TRIBUNAL 6. The Tribunal was established on l January 1977 and assumed the powers and functions of the Australian Broadcasting Control Board with the exception of the planning and engineering functions relating to broadcasting services, which were transferred to the Postal and Telecommunications Department (now the Department of Communications). 7. As stated in paragraph 40 of the Tribunal's previous report, the powers and functions of the Tribunal were extended with effect from 1 January 1978 to transfer to the Tribunal, powers in the broadcasting and television licence area formerly exer­ cised by the Minister for Post and Telecommunications. The powers and functions of the Tribunal are set out in sections 16 and 17 of the Act. MEMBERSHIP OF THE TRIBUNAL 8. Section 8 of the Act provides that the Tribunal shall consist of a Chairman, Vice-Chairman and at least one other Member, but not more than three Members. The Members of the Tribunal are: Mr David A.T. Jones Chairman Appointed for a period of five years from 1 July 1980. Mr James H. Oswin Vice-Chairman Re-appointed for a period of three years from l January 1980. Mr Keith H. Moremon Member Re-appointed for a period of two years from 1 November 1980. Miss Catharine F. Member Weigall Appointed for a period of five years from 17 April 1980. Mr Ken A. Archer Member Appointed for a period of five years from 19 February 1981. 9. The Act also provides for the appointment of up to six Associate Members who may be appointed for a specific period