On 26 May 2013, the Prime Minister promised
that ‘all promotions of odds by gambling companies and
commentators will be banned during the broadcast of live sports matches, under
new rules’.
The Government has demanded that Australian commercial TV
broadcasters amend their codes to ensure a reduction in the promotion and advertising
of gambling—especially live odds—during broadcasts of sport.
Codes of Practice
Section
123 of the Broadcasting
Services Act 1992 (the Act) provides that a ‘Code of Practice’
may be developed by a group representing a particular section of the
broadcasting industry. An industry body, FreeTV,
performs this role for commercial television operators and has developed the Commercial Television Industry
Code of Practice. The regulator, the Australian Communications
and Media Authority (ACMA), registered the Code in 2010, having been satisfied
that the Code provides appropriate community safeguards for the matters covered
by the Code; that the Code is endorsed by a majority of commercial television
operators; and that the public was given the opportunity to comment on the Code,
as required by subsection 123(4) of Act.
Recently, FreeTV concluded consultations on
amendments to the Code to deal with the advertising of live odds during sports
broadcasts. The announcement of the Prime Minister, however, refers to
‘gambling’ and not merely ‘live-odds’, indicating that the Government does not
consider that FreeTV’s proposed Code amendments go far enough.
ACMA
ACMA’s
statutory functions include assisting ‘broadcasting service providers…to
develop codes of practice that, as far as possible, are in accordance with
community standards’ and ‘to monitor compliance with those codes of practice’;
‘to develop program standards’ and ‘to
monitor compliance with those standards’ under its embodying legislation.
The Minister may give written
directions of a ‘general nature’ to the ACMA in relation to the performance
of these functions and the exercise of its powers, which must be published in
the Government Gazette.
Program Standards
Section 125 of the Act gives ACMA the power to determine ‘program standards’ if a Code of
Practice is not in place or there is convincing evidence that it is failing to
safeguard community standards, and if ACMA is satisfied that it should
determine a standard in the matter. ACMA must seek public comment before
creating a standard, and publish it in the Government Gazette.
Breach of Code of
Practice
A person may make a complaint that a Code of Practice has
been breached. Then ACMA must investigate the complaint when it is not
frivolous or vexatious. ACMA may make a finding that the Code of Practice has
been breached.
Compliance with a Code of Practice is not a condition of a
licence. However, under section 44 of the
Act, ACMA may impose a condition on a license that the broadcaster is to comply
with a Code of Practice.
Breach of Program
Standards
Compliance with a Program Standard is a condition of
commercial television broadcasting licences under Schedule 2, clause 7 of the
Act.
The Government will seek to legislate if the industry does
not elect to develop an adequate Code of Practice.
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