Radio & Television Regulation

Radio & Television

Complaints and Investigations

Phyllis FongACMA7 September 2006

Introduction

Radio & Television Complaints and Investigations Section:

• Respond to broadcasting complaints

• Conduct investigations into valid broadcasting complaints

• Conduct reviews of codes of practice

• Assess applications for section 21 opinions

Co-regulation• Industry sectors develop codes of practice

• ACMA maintains a public register

• Currently 9 broadcasting codes (subscription broadcast TV, subscription narrowcast radio & TV, open narrowcast radio & TV, community radio & TV, commercial radio & TV

• National broadcasters (ABC/SBS) notify their codes to ACMA

Co Regulation

• Commercial TV – Free TV Australia• Commercial radio – Commercial Radio

Australia• Community radio & TV – Community

Broadcasting Association of Australia• Subscription – Australian Subscription TV

& Radio Association• Open narrowcast radio – Australian

Narrowcast Radio Association

Broadcasting Investigations

• Initiated by ACMA (section 170 of BSA)

• Directed by Minister (section 171 of BSA)

• Complaints relating to offences against BSA or regulations, or alleging breach of licence condition

• Complaints relating to code matters where complainant has first complained to broadcaster

Volume o complaints and investigations for 2004-05:

• Phone complaints – 2,219

• Written complaints – 684

• Investigations started – 132

• Investigations completed – 153 (59 = breach findings, 94 = non-breach findings)

When we receive a complaint• Complaints relating to offences against

BSA or regulations, or alleging breach of licence condition come directly to ACMA

• Complaints relating to code matters first go to broadcaster (60 days, inadequate)

• Establish if within jurisdiction and not frivolous, vexatious or not made in good faith

Conducting an investigation

• If proper process has been followed, open an investigation

• Write to licensee and ask for comments regarding compliance and copy of broadcast where relevant

• Review material, assess against licence condition or code, draft report

• Clear and finalise report

Enforcement action

• Check if licensee has breached same licence condition or same code provision in last two years

• If first breach, accept steps taken by licensee to remedy breach

• If several breaches, escalate to ACMA for enforcement action, which must be commensurate with seriousness of breach

Enforcement Action

Breach of licence condition:

• Obtain voluntary written undertaking

• Issue notice under section 141 of BSA

• Provide report to DPP to consider instigating prosecution

Breach

Breach of code of practice:

• Hold meeting with licensee company

• Obtain a voluntary written undertaking

• Impose an additional licence condition to comply with the code

Publication• ACMA must notify complainants of results of

investigation into complaint• ACMA may publish report but not obliged• Not required to publish if publication would

disclose confidential material or likely to prejudice fair trial of a person

• Any publication subject to s.180 of BSA• ACMA generally publishes full reports of breach

investigations; for non-breach findings, only details of complaint and finding are currently published