How do I complain about something I saw on TV that I found offensive?
Here's how to complain about offensive content you saw on TV, explained in plain English and with more detail:
In Plain English
If you're offended by something you saw on TV, you can complain to the Australian Communications and Media Authority (ACMA). However, there are a few things to keep in mind:
- First, complain to the TV station: You usually need to complain to the TV station first and give them a chance to respond. If you don't get a response within 60 days, or you're not happy with their response, then you can take your complaint to ACMA.
- Know the rules: TV stations have codes of practice about what's acceptable. Your complaint should be about something that violates these codes.
- ACMA decides: ACMA will investigate if they think it's worth it. They don't have to investigate every complaint.
Detailed Explanation
Complaints regarding offensive material broadcast on television are handled under the Broadcasting Services Act 1992. Here's a breakdown of the process, according to the legislation:
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Initial Complaint to the Provider:
- You must first lodge a complaint with the provider of the broadcasting service (i.e., the TV station) as per section 148 of the Broadcasting Services Act 1992.
- The complaint must relate to program content or compliance with a code of practice that applies to those services and is included in the Register of codes of practice.
- If there is a relevant code of practice relating to the handling of complaints of that kind, the complaint was made in accordance with that code of practice.
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Escalation to ACMA:
- According to section 148 of the Broadcasting Services Act 1992, you can only complain to ACMA if one of the following applies:
- You haven't received a response from the TV station within 60 days of making the complaint.
- You did receive a response within that period, but you consider it inadequate.
- According to section 148 of the Broadcasting Services Act 1992, you can only complain to ACMA if one of the following applies:
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ACMA's Discretion to Investigate:
- Even if you meet the above conditions, ACMA isn't obligated to investigate. Section 149 of the Broadcasting Services Act 1992 states that "The ACMA may investigate the complaint if the ACMA thinks that it is desirable to do so."
- ACMA is more likely to investigate if the complaint relates to a breach of the Broadcasting Services Act 1992, its regulations, or a license condition (section 147).
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Codes of Practice:
- Complaints often revolve around breaches of codes of practice. These codes cover a range of issues, including program content.
- Datacasting licensees also have codes of practice that deal with community concerns, such as violence, sexual conduct, offensive language, and portrayals that incite hatred (section 123 of the Broadcasting Services Act 1992).
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ACMA Action:
- If ACMA investigates and finds the complaint justified, they can take action as outlined in section 152 of the Broadcasting Services Act 1992.