Media regulation in

Australia

Media influence

Objectives for today

Discuss arguments for and against the regulation of the

media.

Explain types of media regulation.

Examine media regulation organisations in Australia.

Some key terminology

media regulation: control or guidance of mass media

by governments and other bodies

Code of Practice: a set of guidelines and regulations to

be followed by members of an organisation, industry etc.

Why should we regulate the media?

To prevent copycat behavior
FreeTV Australia and Ad Standards Bureau have guidelines for the
advertising of food and beverages, for example, which state they should not
promote an inactive lifestyle.

To protect children from potentially harmful or damaging media content

Classifications are used to do this in Australia by the National Classification
Scheme (G to R18+); these classifications aim to protect children from
material likely to disturb. Also there are restrictions on what can be shown
on TV in at certain times.

To protect audiences from material likely to oend

A classification system with consumer advice - which warns consumers
when a program might contain violence or strong language - means that
adults can make informed decisions about the material they watch.

Why should we regulate the media? (cont.)

To protect cultural identity
In Australia, minimum requirements for the amount of

Australian content on television and radio reflect the belief that overseas
content may erode our cultural identity. The Australian Content Standard
(2005) mandates a 55% quota of Australian content on television.
Commercial radio must broadcast minimum quotas of Australian music (set
out in the Commercial Radio Codes of Practice and Guidelines).

To regulate media ownership

In Australia, we have laws governing foreign media and cross media
ownership to prevent media organisations having too much power.

According to cross media ownership laws, there should be no fewer than five
independent media groups in metropolitan markets. There are also controls
on foreign investment in Australian media organisations (as the media is a
prescribed sensitive sector and it is considered important to a democracy
that Australians are majority owners of media outlets).

Why shouldnt we regulate the media?

Because its the responsibility of parents
Its not the role of the government to act as a nanny. Parents have the
responsibility to set limits on childrens media consumption.

Because its a slippery slope

Once the government regulates free speech in the media, it is a slippery
slope toward government restrictions on free speech in other forums. We
could eventually lose our freedom altogether.

Because its unenforceable

In the borderless media environment created by the Internet, it is
impossible for national government to control content anyway. Therefore,
it is better to use other approaches.
!

Types of regulation

Government regulation

Self-regulation

A process of control by government authorities aimed at ensuring that

media organisations operate within set boundaries.

A process of control that does not involve the government. Rather, the
industry or profession itself carries out the regulation. A Code of
Practice is usually developed that defines the expected behaviours.

Co-regulation

Partnerships between industry and government where industry

develops Code of Practice with legislative backing from Government.

Minister for Communications

Malcolm Turnbull
Minister for Communications

National
Classification
Scheme

The Australian Communications and Media Authority

(ACMA)

This is a government body responsible for regulating:

telecommunications

broadcasting

radio communications

the Internet

Government regulation organisations

Australian Communications and Media Authority
The National Classification Scheme

The Australian Communications and Media Authority

(ACMA)

Responsibilities include:

Promoting self-regulation and competition in the communications

industry while protecting consumers and other users

Fostering an environment in which electronic media users respect

community standards and respond to audiences and other users

Managing access to TV and radio frequency systems

Regulates ownership of commercial media organisations

Representing Australias communication interests internationally

Australian Content Standard (2005)

Childrens Television Standards

Childrens Television Standards

National Classification Scheme

A cooperative arrangement between the Australian Government and the state

and territory governments where the Classification Board classify

films

computer games

certain publications

It is the law that films, computer games and certain publications have to be
classified before they can be sold, hired or publicly shown in Australia.

Members of the Board are appointed by the Governor-General.

The Board does not classify television, the Internet or recorded music.

The Classification Board

Full-time body based in Sydney

Determines the classification and consumer advice that

appears on films, computer games and certain
publications

The Classification Review Board is a separate and

independent body and has different members to the
Classification Board. Its a part-time body and its
members come together to make fresh decisions if they
receive an application for a review.

Consumer advice and classifications

Once they are classified, products must be marked with

classification information. Classification markings are the
coloured symbols on the packaging or advertising for the
product.

Once they are classified,

products must be marked
with classification
information. Classification
markings are the coloured
symbols on the packaging
or advertising for the
product.

How do they make a decision?

Three essential principles form the Board's classification

decisions:

The importance of context

Assessing impact

The six classifiable elements.

The six classifiable elements are themes, violence, sex,

nudity, language and drug use.

Refused classification

Films, games and literature can be refused classification

if the impact of the material puts it outside the
classification system.

It cannot be sold, hired, advertised or legally imported in

Australia.

Media texts are refused classification if they are deemed to

generally offend community standards in the depiction of
violence, sex, drug use or crime or if they depict minors in
a way that is offensive to community standards. They may
also promote (or instruct) crime, violence or drug use.

Self-regulation organisations
Free TV Australia
Advertising Standards Bureau
and others

Free TV Australia

Free TV is an industry body which represents allof

Australia's commercial free-to-air television licensees.
The organisation providesa forum for discussion of
industry matters and is the public voice of the industry on
a wide range of issues.

Free TV Australia

TheCommercial Television Code of Practice covers matters prescribed

in Section 123 of the Broadcasting Services Act and other matters
relating to program content that are of concern to the community
including:

Program classifications;

Accuracy, fairness and respect for privacy in news and current affairs;

Advertising time on television;

Placement of commercials and programs promotions; and

Complaints handling.

Advertising Standards Bureau

Oversees a national system of advertising self-regulation

Free service to handle consumer complaints

Issues might include the use of language, the

discriminatory portrayal of people, concern for children,
portrayals of violence, sex, sexuality and nudity, health
and safety, and marketing of food and beverages to
children

Has a number of codes that govern the content of

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