How does ACMA decide what's appropriate to show on TV and radio?

In Plain English

The ACMA (Australian Communications and Media Authority) doesn't directly decide what specific content is appropriate for TV and radio. Instead, they set the rules and standards that broadcasters need to follow. These rules are developed considering community standards. The ACMA also handles complaints about content and monitors whether broadcasters are following the rules. They can create program standards and monitor compliance with those standards, as described in the Australian Communications and Media Authority Act 2005.

Detailed Explanation

The ACMA's role in regulating broadcasting content is outlined in section 10 of the Australian Communications and Media Authority Act 2005, which defines the ACMA's broadcasting, content and datacasting functions. Key aspects of this role include:

  • Regulation of broadcasting services: The ACMA regulates broadcasting services in accordance with the Broadcasting Services Act 1992.
  • Development of program standards: The ACMA develops program standards relating to broadcasting in Australia.
  • Monitoring compliance: The ACMA monitors compliance with the codes of practice and program standards.
  • Handling complaints: The ACMA monitors and investigates complaints concerning broadcasting services.
  • Assisting with codes of practice: The ACMA assists broadcasting service providers to develop codes of practice that, as far as possible, are in accordance with community standards.

The ACMA's enforcement guidelines, as detailed in the Broadcasting Services – Enforcement Guidelines of the ACMA 2021, emphasize a strategic, risk-based approach to compliance and enforcement. The ACMA aims to achieve voluntary compliance through engagement with the regulated community. When non-compliance occurs, the ACMA's response is commensurate with the seriousness of the conduct, considering factors such as:

  • Whether the conduct was deliberate, reckless, or inadvertent.
  • Whether the conduct caused or may cause detriment to another person.
  • Whether the conduct indicates systemic issues.
  • The compliance history of the regulated entity.
  • The educative and deterrent effect of taking action.
  • The cooperation of the subject of the investigation.

The Broadcasting Services Act 1992 also outlines processes for complaints regarding broadcasting content. If a person believes a broadcasting service has breached a code of practice, they can make a complaint to the ACMA, as detailed in section 148. The ACMA may investigate the complaint if it deems it desirable to do so, as per section 149. For complaints relating to national broadcasting services by the ABC or SBS, a similar process exists under section 150, with potential action by the ACMA outlined in section 152.

Broadcasters are also required to keep records of certain types of content. For example, Schedule 2 of the Broadcasting Services Act 1992 requires broadcasters to keep records of matter relating to a political subject or current affairs. The ACMA approves the form of these records, as detailed in Approval of Form of Record, specifying that they must be digital records of the actual broadcast.