Broadcasting Services Act 1992: Licensing, Anti-Siphoning and Content Standards

Licensing categories and ACMA

The Broadcasting Services Act 1992 (BSA) establishes the licensing framework administered by the Australian Communications and Media Authority (ACMA). Licence categories include commercial television, commercial radio, subscription television, community broadcasting and open narrowcasting. These licences are subject to conditions designed to meet the regulatory policy objectives outlined in section 4 of the BSA. These objectives include diversity, Australian content and protection of children. Spam Act 2003: consent, identification, unsubscribe

ACMA’s broadcasting functions are not its sole responsibility. They sit alongside its responsibilities under the Telecommunications Act 1997, Telecommunications (Consumer Protection and Service Standards) Act 1999 and Radiocommunications Act 1992. This reflects the interconnected nature of broadcasting and telecommunications regulation in Australia.

Media control and ownership rules, detailed in Part 5 of the BSA, are also administered by ACMA. These rules limit cross-media concentration and foreign ownership, aiming to maintain a diverse media landscape.

Content standards and codes of practice

Broadcasters are subject to content standards relating to program classification, advertising during children’s viewing periods, accuracy in news and current affairs, and protection of viewers from harmful content. These standards are largely managed through industry codes of practice. Industry bodies, such as Free TV Australia and Commercial Radio Australia, develop these codes, which are then registered by the Australian Communications and Media Authority (ACMA) under Part 9 of the Broadcasting Services Act 1992. eSafety basic online safety expectations are also relevant considerations for content.

Commercial free-to-air television broadcasters must meet Australian content quotas, requiring them to broadcast at least 55% Australian content between 6am and midnight. Specific quotas apply to first-release drama, documentary, and children’s content. Subscription television services operate under a drama expenditure scheme, requiring them to spend at least 10% of their total programming budget on new Australian drama.

ACMA has the authority to register industry codes, investigate breaches, and enforce compliance. If industry codes are inadequate or fail to deliver appropriate standards, ACMA can directly determine content standards.

Anti-siphoning and prominence regimes

The Broadcasting Services Act 1992 includes an anti-siphoning scheme under Part 10A. This scheme ensures that listed events, such as the AFL Grand Final, NRL Grand Final, Olympic Games, and cricket, are available on free-to-air television. The current list of events is detailed in the Broadcasting Services (Anti-Siphoning List) Instrument 2024, which commenced on 17 December 2024. This instrument expands the list to include women’s sporting events and Para-sports events that were not previously included.

Amendments to the BSA in 2024 introduced a prominence regime. This regime mandates that regulated TV devices prominently display free-to-air TV apps. Biometric information privacy act: FRT guide The specific requirements for prominence are outlined in the Broadcasting Services (Minimum Prominence Requirements) Regulations 2024.

These regulations provide detailed guidance on how regulated TV devices must present free-to-air TV apps to ensure visibility for viewers.

ACMA enforcement

The Australian Communications and Media Authority (ACMA) is responsible for enforcing the Broadcasting Services Act 1992. ACMA has a range of enforcement options available, including issuing warnings, giving remedial directions, accepting enforceable undertakings, imposing additional licence conditions, and applying civil penalties. In serious cases, ACMA can also suspend or cancel a broadcasting licence.

Civil penalties for breaches of content standards can be substantial. The amount of these penalties is indexed and can be up to approximately AUD 626,000 per body corporate contravention. ACMA’s compliance and enforcement policy adopts a risk-based, escalation approach, ensuring responses are proportionate to the nature of the breach. Broadcasters are typically given the opportunity to respond to complaints before ACMA investigates. Australian Human Rights Commission Act 1986: process may be relevant in some content complaints.

Decisions made by ACMA can be reviewed by the Administrative Review Tribunal (ART, formerly the AAT). This provides a mechanism for parties to challenge ACMA’s findings and enforcement actions.