TV networks question ACMA powers following High Court ruling
TV networks are concerned "ACMA can act as policeman, judge and jury" and call for changes to Broadcasting Services Act.
- Published by David Knox
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Commercial Free to Air networks are questioning the media watchdog’s powers and calling for changes to the Broadcasting Services Act, following a ruling in the radio industry.
It follows the High Court ruling that the Australian Communications and Media Authority’s could determine whether a broadcaster has committed a criminal offence and therefore breached its licence condition.
The case surrounds ACMA’s appeal following the 2DAYFM 2012 radio prank, involving Mel Greig and Michael Christian phoning a London hospital impersonating the Queen, which was followed by the death of nurse Jacintha Saldanha.
But TV networks have expressed concern that the ruling overturns the previous Full Federal Court decision which held that the Broadcasting Services Act 1992 (BSA) does not allow the ACMA to investigate possible criminal offences if they have not been proved in a criminal court.
In a statement FreeTV Australia said, “It means that the ACMA, an administrative body, can form opinions about the criminal liability of broadcasters based on the civil standard of proof, ‘the balance of probabilities’, instead of the criminal standard of proof, ‘beyond reasonable doubt’, and make decisions on that basis, with potentially serious implications for broadcasters, including loss of licence.
“Effectively, the ACMA can act as policeman, judge and jury, despite the fact that it is not set-
up to determine criminal law matters.
“Free TV calls on the Government to immediately amend the relevant provisions in the BSA to address the implications of today’s findings for the wider industry.”
“This decision is welcomed by the ACMA,” said ACMA Chairman Chris Chapman. “It provides clarity regarding the operation of the licence condition that prohibits broadcasters from using their broadcasting service in the commission of an offence.”
ACMA is yet to outline what penalties it will enforce against 2DAYFM.
7 Responses
lol, the ACMA can’t even make stations stick to the EPG that they produce themselves, let alone the EPG they’re supposed to produce, I can’t see them having much traction in greater matters
The Tv Networks only have themselves to blame. They have over the past 15 years broken rulles regarding scheduling and toomany ads aswell as their questionable journalism practices. They are out of control. Also considering they have gotten rebates on their liscence fees then they should be scrutanised more closely because that money is going to rich people and investors not australian citizens necesarily. ACMA should certainly have more power.
Of course FreeTV Australia says that. Obviously all those whacks with a lettuce leaf and the staff training that they have to provide every time they break the rules is starting to bite.
ACMA have too much power in the same way that a 1977 Datsun 180B has too much power.
It is becoming increasingly difficult to have any sympathy whatsoever for FTA or PTV networks.
Or, in fact, anyone involved in the dissemination of “information” and providers of “entertainment” in this country (including radio, print and digital).
They all (would love to type this in capitals to emphasis) need to be more accountable for their actions and they all require much tighter/more regulation.
Free TV needs to pull its head in. First, this is the High Court so an appeal is out of the question. Second, 2DAYFM broke the rules by not getting approval from the unwitting participants b4 broadcasting the prank (I have a real problem with calling this a ‘prank’); a chain of events that resulted in the death of an innocent person. There is absolutely no upside in any broadcaster feeling aggrieved. Learn and move on, or hand in your licence… easy peasy.
About time that ACMA had more teeth and has some power to try and control the out of control TV networks with their over runs on time and multiple ads. No wonder the TV networks do not like it.
Maybe they protest too much.
Finally the ACMA is showing some real Guts! The TV stations are calling for changes in the regulations because they’re scared of what the ACMA may do next…. Well, they should be. The FTA stations want it all their own way, with no rules to rein them in. That’s the very last thing that should happen. Commercial(and that now includes SBS) and national TV stations should be subject to the strictest and most severe regulation possible – with no right of appeal whatsoever! As for 2DAY-FM, its licence should definitely be revoked! And again, no right of appeal!