31:
614:
objectives of the act be modified to include ‘the promotion of freedom of expression'. The review additionally supported the "removal of regulatory barriers" to broadcasting including advocating for foreign ownership to be introduced with the same restrictions as domestic ownership. The review warned of a "concentrated" traditional media within
Australia, pointing out
133:. The ancestral Act was restrictive to the content and ownership of commercial radio and thus was successively amended to accommodate for the introduction of privately owned television networks. The ad hoc approach to legislating broadcasting regulations was reviewed by parliament in 1988 leading to the drafting of the current Act.
663:
for 'blending editorial opinion with news reporting' to 'attack opponents in business and politics'. The merger of Nine
Entertainment and Fairfax Media was also a central aspect for its 'undermining' of 'regional and local news'. The petition, registered as EN1938, received 501,876 online signatures;
511:
The repeal led to the takeover of
Fairfax Media by Nine Entertainment; two of Australia's largest broadcasting companies in television, radio and print media. The resulting merger of the companies was scrutinised for its damage to media diversity and independent investigative journalism in Australia.
136:
Meanwhile, Australia’s restrictions on foreign investment were eased during the 1980’s leading to significant investment in
Australia’s private sector. Restrictions were, however, still in place for Australian radio and television broadcasters. Australian television networks of Nine Network and Seven
577:
to assist in classifying age restrictions for online content. Schedule 8 was passed through the
Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017. The amendment provides the ACMA with the ability to restrict online promotional gambling content. In 2015, the
567:
In 1998, the Act was amended to provide accessibility for digital broadcasters to transmission infrastructure. On 1 January 2000, Schedule 5 of the Act was implemented, with the amendment introducing the regulation of online services. This involves the regulation of
Internet service providers and a
484:
The act defines a 'foreign owner' as an individual with at least 2.5% in company interests. The ACMA is responsible for the register of foreign owners of media assets which includes 'information about foreign stakeholders and their interests in media assets'. This includes any broadcasting licenses
197:
The Act stipulates a local content quota for regional broadcasters regulated by the ACMA. The system allocates points based on the number of minutes of content broadcast which relates directly to a local area or area in which a broadcasting license is held. ‘Material of local significance’ includes
613:
In 1999 the
Australian Productivity Commission held an inquiry into broadcasting in which amendments to the Broadcasting Services Act 1992 were recommended. These related to the issue of ‘freedom of expression’ specifically regarding political communication. The Commission recommended that the key
609:
Carolyn
Lingerwood, a former government advisor regarding the Broadcasting Services Act 1992, in 2002 shared recommendations for the broadcasting regulation in Australia to be restructured. This involved the deregulation of the sector to lower the barriers to entry for emerging services as well as
634:
The current cross-media ownership regulations have been criticised for not being able to adopt to the evolving capabilities of broadcasting technologies. The solution has been raised in the form of a public interest test. This involves the involvement of third-party individuals and organisations
466:
The act provides the regulation of broadcasting licenses involving the restriction of company ownership. A person who has at least 15% company ownership through interests, stocks or partnerships is considered in "control" of the company. The monitoring of media ownership is delegated to the ACMA
182:, was established by the Act. It was given the express purpose to regulate broadcasting licenses for commercial television and radio, and "... public interest considerations...", whilst "...not unnecessary financial and administrative burdens on providers of broadcasting services”.
508:. The government argued that the media landscape 'in the face of digitisation' required Australian media to be able to grow unrestricted in order to maintain competitiveness against a growing demand for internet services to be integrated into traditional media platforms.
165:
Broadcasting services are defined as any ‘service that delivers television programs or radio programs’ to consumers. This excludes services that involve ‘no more than data, or no more than text’ as well as ‘point-to-point’ services such as dial-up internet.
578:
e-safety commissioner was introduced through the
Enhancing Online Safety Act 2015 (Cth). This legislation operates parallel to the Broadcasting Services Act 1992 with the commissioner’s role involving establishing internet industry codes of practice.
1244:
635:
assessing factors of media diversity. A public interest test would 'assess proposed changes in the control of content' and restrictions on broadcasting enterprises. The concept of a public interest test was dismissed by the
475:
In 2007, the restrictions on cross-media ownership were relaxed with The
Broadcasting Services Amendment (Media Ownership) Act 2007 (Cth) in which the situation of an 'unacceptable media diversity situation' was introduced.
1046:
520:
The 75% was also abolished with the Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017. The rule had dictated that broadcasting companies cannot have more than a '75% audience reach' within a license area.
572:
services. The amendment introduces datacasting licences and restrictions overseen by the ACMA. Schedule 7 was implemented in 2007 and aims to regulate online content. The amendment introduces a new role for the
789:
1102:
Parliament of Australia, 2018. Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017, Bills Digest No. 99, 2017–18, Australian Government, Canberra. Available at: <
954:
1089:
Department of Communications, Information Technology, and the Arts, 2004. Review of the operation of schedule 5 to the Broadcasting Services Act 1992. Australian Government, Canberra. Available at: <
540:
The bill also introduced the theoretical situation where the level of media diversity becomes 'unacceptable'. The ACMA would be required to enforce the new regulations and step in where necessary.
145:
The legislation aims to regulate the availability and content of Australian broadcasting services including television, radio, and online platforms. The key objectives of the legislation include:
1024:
1236:
586:
In 2004, a report into the operation of schedule 5 (the regulation of online broadcasting services) observed several recommendations to be considered by parliament. These include:
1042:
976:
500:'A person cannot control more than two of the regulated media platforms (commercial television, commercial radio and associated newspapers) in any commercial radio licence area.’
1141:
Jones, P, 2005. Freedom of the Press: Under Threat Forum - Freedom of Speech: Contemporary Issues, University of New South Wales Law Journal, 28(3). Available at <
1128:
Lingerwood, C, 2002. Reactive, Not Proactive: Recent Trends in Australian Broadcasting Regulation, A Journal of Policy Analysis and Reform, 9(1). Available at <
950:
674:
568:
mechanism in which content can be reported for breaching established codes of practice. Schedule 6 was implemented in 2003 and provides regulation of
185:
ACMA is provided with the role of ensuring all industry codes of practice for broadcasting regulation comply with the objectives of the Act, and if
496:
One of the central protections from the concentration of broadcasting companies is described as the '2 out of 3' rule which is defined in the act:
1016:
1194:
312:(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and
272:(b) except in the case of a community service announcement—has not previously been broadcast to the local area during an eligible period; and
602:
Monitor the emerging broadcasting services such as multimedia messaging services to ensure regulation can be provided with minimal amendment.
175:
1282:
823:
Jones, R, 1991. Foreign ownership limits on Australia's electronic media, Communications Law Bulletin, 11(1), 26-27. Available at: <
1060:
839:
Australian Human Rights and Equal Opportunity Commission, 2002. ‘Internet Regulation in Australia’, Australian Government, Canberra. <
766:
702:
991:
972:
667:
The call for a Royal Commission was supported by the Senate committee following a parliamentary inquiry into media diversity in 2021.
533:'a minimum of five separate traditional media 'voices' in metropolitan radio license areas and four in regional radio license areas'.
152:
Providing the Australian market for broadcasting services with increased regulation to maintain competitive and responsive content.
559:
The rule is described in the act as a 'statutory control rule'. The rule remains in place following the 2017 broadcasting reform.
1221:
137:
Network sought foreign equity in early 1990 but had been limited by restrictions on foreign ownership within the ancestral Act.
1172:"Convergence and media ownership – The merits of repealing the '2 out of 3 rule' and adopting a national public interest test"
467:
which involves a case-by-case oversight to determine the individuals who are in control of respective broadcasting companies.
1214:"House of Representatives e-Petitions: Petition EN1938 - Royal Commission to ensure a strong, diverse Australian news media"
866:
814:
Commonwealth of Australia, 1988, Parliamentary debates: House of Representatives: official Hansard, Tuesday, 12 April 1421.
878:
66:
590:
The improvement of filtering technologies to restrict overseas content not subject to a regulated classification system.
932:
1171:
1103:
179:
1272:
840:
1090:
1277:
852:
ACMA, 2021. Local Tv content in regional areas Australian Communications and Media Authority. Available at <
574:
529:
The Broadcasting Services Amendment (Media Ownership) Act 2007 (Media Ownership Bill) proposed a 5/4 voices rule:
1142:
412:
605:
Promote the convergence of the Internet Content Rating Association with the Australian Classification board.
1116:
877:
Broadcasting Services Act 1992 (Cth), Schedule 1: Control and ownership of company interests: Available at
639:
for its subjectivity in individuals or organisations concluding what can be considered of public interest.
723:
610:
provide a clear set of principles on which to base regulatory measures for future broadcasting services.
548:
This rule pertains to any license area and restricts any individual from having control over more than:
198:
content on individuals, places, organisations, events, and issues pertaining to respective communities.
381:
223:(a) is broadcast during an eligible period by a licensee covered by subsection 61CW(1) or 61CX(1); and
189:
fails to provide adequate protections, the authority then intervenes to develop new codes of practice.
1154:
Baird, M, 2002. Review of Cross-media ownership: a background briefing, INCITE Journal. Available at:
393:
895:"Regulating for Broadcasting Diversity: Balancing Economic and Social Values in the Public Interest"
593:
Promote Internet service providers to provide a ‘family-friendly ISP program’ on an ‘opt-out basis’.
824:
186:
232:(d) meets such other requirements (if any) as are set out in the local programming determination.
129:
Prior to the Act, the primary legislation in regulating Australia’s broadcasting services was the
596:
Support the investment of a community education program focusing on child safety on the internet.
106:
38:
1115:
eSafety Commissioner, 2021. Out legislative functions. eSafetyCommissioner. Available at: <
488:
The ACMA's register for foreign stakeholders currently has 76 registered foreign stakeholders.
1155:
906:
894:
130:
350:
118:
1195:"Media ownership deregulation in the United States and Australia: in the public interest?"
853:
121:
and the specific conditions which must be met before they are authorised for publication.
8:
505:
867:
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/bsa1992214/s61cy.html
879:
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/bsa1992214/sch1.html
790:"Advertising loophole means plebiscite campaign ads won't need to be factually correct"
292:(b) has not previously been broadcast to the local area during an eligible period; and
249:(b) has not previously been broadcast to the local area during an eligible period; and
226:(b) has not previously been broadcast to the local area during an eligible period; and
110:
1237:"Senate report calls for royal commission-like judicial inquiry into media diversity"
1213:
902:
758:
694:
636:
451:
102:
55:
49:
652:
623:
1104:
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1718a/18bd099
340:
841:
https://humanrights.gov.au/our-work/publications/internet-regulation-australia#4
1091:
https://apo.org.au/sites/default/files/resource-files/2018-06/apo-nid179851.pdf
660:
149:
Promoting a diverse range of entertainment, education, and information content.
1266:
922:
485:
held in Television or radio as well as any newspapers within licensed areas.
1143:
https://www.unswlawjournal.unsw.edu.au/wp-content/uploads/2017/09/28-3-4.pdf
924:
30:
664:
the most signatures a House of Representatives petition has ever received.
626:
in radio as companies holding majority of their fields potential audience.
619:
615:
430:
73:
599:
Promote and ensure the cooperation of ISP’s with law enforcement agencies.
569:
375:
155:
Ensuring the availability of significant local content in regional areas.
1129:
1117:
https://www.esafety.gov.au/about-us/who-we-are/our-legislative-functions
651:
introduced an e-petition to the House of Representatives calling for a
648:
399:
363:
656:
418:
387:
161:
Providing a means for consumer complaints regarding internet content.
114:
973:"Broadcasting Legislation Amendment (Broadcasting Reform) Bill 2017"
369:
537:
The rule remains in place following the 2017 broadcasting reform.
405:
109:, which broadly covers issues relating to content regulation and
825:
http://classic.austlii.edu.au/au/journals/CommsLawB/1991/16.html
655:
into Australian media diversity. The petition directly targets
865:
Broadcasting Services Act 1992 (Cth), SECT 61CY: Available at
1043:"Broadcasting Services Amendment (Media Ownership) Bill 2006"
899:
Monash University Faculty of Law Legal Studies Research Paper
229:(c) depicts people, places or things in the local area; and
1156:
https://search.informit.org/doi/abs/10.3316/agispt.20020994
970:
1211:
1040:
854:
https://www.acma.gov.au/local-tv-content-regional-areas
543:
923:
Australian Communications and Media Authority (2021).
158:
Preventing harmful material being exposed to children.
315:(c) relates directly to the licensee’s licence area.
295:(c) relates directly to the licensee’s licence area.
647:In November 2020, Former Australian Prime Minister
504:In 2017, the rule was repealed from the act by the
675:Regulations on television programming in Australia
1017:"Nine-Fairfax merger: Why is it such a big deal?"
1264:
309:(a) is broadcast during an eligible period; and
289:(a) is broadcast during an eligible period; and
269:(a) is broadcast during an eligible period; and
246:(a) is broadcast during an eligible period; and
1182:: 401–416 – via Swinburne Research Bank.
1061:"Media ownership reform back in the spotlight"
1199:Research Paper Index, Parliament of Australia
336:Regional broadcasting license areas include:
176:Australian Communications and Media Authority
252:(c) relates directly to the local area; and
951:"Media and broadcasting in the digital age"
767:Office of Parliamentary Counsel (Australia)
703:Office of Parliamentary Counsel (Australia)
325:Regional broadcasters must receive either:
1041:Parliament of Australia (6 October 2006).
29:
992:"What does the Nine-Fairfax merger mean?"
787:
457:Remote and Central Eastern Australia TV2.
439:Remote Central and Eastern Australia TV1;
1234:
1169:
989:
892:
491:
470:
275:(c) relates directly to the local area.
1176:Telecommunications Journal of Australia
979:from the original on 14 September 2017.
629:
1265:
1235:Yosufzai, Rashida (9 December 2021).
1192:
1165:
1163:
1130:https://www.jstor.org/stable/43199188
1085:
1083:
1081:
1036:
1034:
966:
964:
944:
942:
918:
916:
888:
886:
1247:from the original on 9 December 2021
971:Australian Parliament House (2017).
948:
835:
833:
753:
751:
749:
747:
745:
544:One to a market/Two to a market rule
515:
479:
332:720 points in a period of six weeks.
1283:Acts of the Parliament of Australia
1224:from the original on 12 April 2021.
935:from the original on 12 April 2020.
642:
213:Points for each minute of material
67:States and territories of Australia
13:
1160:
1078:
1031:
1027:from the original on 15 July 2021.
990:McDuling, John (7 December 2018).
961:
957:from the original on 31 July 2019.
939:
913:
883:
781:
461:
427:South West and Great Southern TV1;
16:Act of the Parliament of Australia
14:
1294:
1049:from the original on 2 June 2019.
830:
742:
724:"Broadcasting content regulation"
192:
180:Australian Broadcasting Authority
1212:Parliament of Australia (2020).
759:"Broadcasting Services Act 1992"
695:"Broadcasting Services Act 1992"
169:
1228:
1205:
1186:
1148:
1135:
1122:
1109:
1096:
1053:
1009:
983:
871:
788:Liz Burke (13 September 2016).
763:Federal Register of Legislation
699:Federal Register of Legislation
524:
1193:Jolly, Rhonda (24 July 2007).
859:
846:
817:
808:
716:
687:
255:(d) is not covered by item 1.
95:Broadcasting Services Act 1992
24:Broadcasting Services Act 1992
1:
1170:Niloufer, Selvadurai (2012).
730:. Department of Communication
680:
562:
346:Southern New South Wales TV1;
124:
117:. The law stipulates what is
445:South Eastern Australia TV3;
7:
436:Remote and Regional WA TV1;
359:Western Victoria TV1 ;
356:Eastern Victoria TV1 ;
10:
1299:
552:one television license or;
140:
996:The Sydney Morning Herald
581:
82:
72:
62:
44:
37:
28:
23:
341:Northern New South Wales
202:Point System Allocation
187:industry self-regulation
50:No. 110, 1992 as amended
1273:Mass media in Australia
893:Windholz, Eric (2017).
448:Northern Australia TV3;
107:Parliament of Australia
39:Parliament of Australia
1278:1992 in Australian law
535:
502:
329:90 points per week or;
728:Australian Government
531:
498:
492:The '2 out of 3' rule
471:Cross-Media Ownership
307:Other material that:
267:Other material that:
178:(ACMA), formerly the
131:Broadcasting Act 1942
119:political advertising
949:Wils, Tyson (2021).
630:Public Interest Test
575:classification board
925:"Foreign ownership"
901:. 2017/02: 99–124.
506:Turnbull government
203:
769:. 24 February 2022
622:in Television and
555:two radio licenses
201:
63:Territorial extent
1065:www.allens.com.au
909:– via SSRN.
637:Howard government
516:75% coverage rule
480:Foreign Ownership
452:Western Australia
442:Western Zone TV1;
323:
322:
90:
89:
1290:
1257:
1256:
1254:
1252:
1232:
1226:
1225:
1209:
1203:
1202:
1201:– via APH.
1190:
1184:
1183:
1167:
1158:
1152:
1146:
1139:
1133:
1126:
1120:
1113:
1107:
1100:
1094:
1087:
1076:
1075:
1073:
1071:
1057:
1051:
1050:
1038:
1029:
1028:
1023:. 26 July 2018.
1013:
1007:
1006:
1004:
1002:
987:
981:
980:
968:
959:
958:
946:
937:
936:
920:
911:
910:
890:
881:
875:
869:
863:
857:
850:
844:
837:
828:
821:
815:
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806:
805:
803:
801:
785:
779:
778:
776:
774:
755:
740:
739:
737:
735:
720:
714:
713:
711:
709:
691:
657:News Corporation
653:Royal Commission
643:Royal Commission
624:Village Roadshow
204:
200:
58:
52:
33:
21:
20:
1298:
1297:
1293:
1292:
1291:
1289:
1288:
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1263:
1262:
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1260:
1250:
1248:
1233:
1229:
1210:
1206:
1191:
1187:
1168:
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1153:
1149:
1140:
1136:
1127:
1123:
1114:
1110:
1101:
1097:
1088:
1079:
1069:
1067:
1059:
1058:
1054:
1039:
1032:
1015:
1014:
1010:
1000:
998:
988:
984:
969:
962:
947:
940:
929:www.acma.gov.au
921:
914:
891:
884:
876:
872:
864:
860:
851:
847:
838:
831:
822:
818:
813:
809:
799:
797:
786:
782:
772:
770:
757:
756:
743:
733:
731:
722:
721:
717:
707:
705:
693:
692:
688:
683:
645:
632:
584:
565:
546:
527:
518:
494:
482:
473:
464:
462:Media Ownership
408:/Sunraysia TV1;
195:
172:
143:
127:
111:media ownership
56:No. 110 of 1992
54:
48:
17:
12:
11:
5:
1296:
1286:
1285:
1280:
1275:
1259:
1258:
1227:
1218:www.aph.gov.au
1204:
1185:
1159:
1147:
1134:
1121:
1108:
1095:
1077:
1052:
1030:
1008:
982:
960:
938:
912:
882:
870:
858:
845:
829:
816:
807:
796:. News Limited
780:
741:
715:
685:
684:
682:
679:
678:
677:
661:Rupert Murdoch
644:
641:
631:
628:
618:in newspaper,
607:
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600:
597:
594:
591:
583:
580:
564:
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557:
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469:
463:
460:
459:
458:
455:
449:
446:
443:
440:
437:
434:
428:
425:
424:Riverland TV1;
422:
416:
411:Mount Gambier/
409:
403:
397:
391:
385:
379:
373:
367:
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354:
347:
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265:
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219:
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194:
193:Content quotas
191:
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126:
123:
88:
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35:
34:
26:
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15:
9:
6:
4:
3:
2:
1295:
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1215:
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1196:
1189:
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1125:
1118:
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1056:
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1044:
1037:
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1026:
1022:
1018:
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997:
993:
986:
978:
974:
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952:
945:
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926:
919:
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904:
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826:
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811:
795:
791:
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748:
746:
729:
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719:
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541:
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170:The Authority
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