Codes of Practice 2013

(A) PREAMBLE

1. The Australian Subscription Television and Radio Association Inc. (‘ASTRA’) is the industry body representing those operating television narrowcasting services under class licences in accordance with the provisions of the Broadcasting Services Act 1992 (the Act).

• provided during a limited period of time or to cover a special event;

• because they provide programs of limited appeal;

• a ban on tobacco advertising;

• a requirement to comply with any applicable program standards determined by the Australian Communications and Media Authority (the ‘ACMA’);

3. The purpose of the Codes is to establish specific obligations for narrowcasters within the co-regulatory framework, in relation to programming, handling of complaints, and

where applicable, the classification and placement of programs and customer service.

Narrowcasters will publicise the availability of the ASTRA Codes of Practice at regular intervals in printed program guides and on-air. Subscription narrowcasters will advise subscribers at the time of subscription via the subscription agreement or other alternative means that the Codes (including complaints procedures) are available. Copies of the Codes will be provided to the public on request. The Codes are also available on the ASTRA website www.astra.org.au.

(E) DEFINITIONS:

"disabling device" is a device which allows consumers to disable reception of a particular program or channel by domestic reception equipment.

“drama program” means

or outlines:

(i) developed by a writer or writers; and

(f) a dramatised documentary;

but does not include:

“program” in relation to a broadcasting service, means:

(a) matter the primary purpose of which is to entertain, to educate or to inform an audience; or

GENERAL GUIDELINES FOR PROGRAMMING

1.1 The content of program material and advertisements delivered on narrowcast services will be consistent with standards acceptable to the relevant specific audiences involved.

1.4 Narrowcasters will not broadcast any program which is likely in all the circumstances to provoke, or perpetuate intense dislike, serious contempt or severe ridicule against a person or group of persons on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.

1.5 Narrowcasters will not broadcast a program which is likely in all the circumstances to seriously offend the cultural sensitivity of Aboriginal and Torres Strait Islander people or culturally and linguistically diverse communities in Australia.

1.7 Narrowcasters are subject to relevant Federal and State law when broadcasting interviews and television conversations.

1.8 A narrowcaster will not breach clause 1.2(b), 1.4, 1.5, 1.6(a) or 1.6(c) if a program includes matter said or done reasonably and in good faith:

(a) a reasonable mistake;

(b) reasonable reliance on information supplied by another person;

CODE NO. 2

HANDLING COMPLAINTS

2.5 With the exception of complaints under the Customer Service Code (Code 4), in responding to a written complaint narrowcasters will advise complainants that if they are not satisfied with the narrowcaster’s response, the complaint may be referred to the ACMA.

(Note: see clauses 4.3 and 4.4 for referral of complaints under the Customer Service Code (Code 4)).

For the avoidance of doubt, clause 3.3 does not apply in respect of documentaries and reality programs until the date that is one year after the Codes are registered by the ACMA.

3.2 Written and spoken consumer advice on the reasons for program classification will be given at the commencement of film and drama programs in such cases where the program would be classified as M or higher under the Guidelines. Where the narrowcaster is broadcasting programs predominantly in a language other than English, the narrowcaster will, where practicable, ensure such consumer advice will be provided in the appropriate language.

3.7 Material classified R18+ will be restricted to access by those with appropriate disabling devices.

3.8 Narrowcasters will have particular regard to ensure the protection of children from harmful or distressing material in the selection and scheduling of programs, program promotions and advertisements.

(a) must accurately represent the advertised product or service; (b) will not include ambiguous claims;

(c) (i) in which children are depicted using products (including toys and games) must fairly represent the performance which a child of the age depicted can obtain from those products;

(ii) clearly differentiate between the price of the

product and the price of any accessories;

(b) that any statement about the chance of winning is clear, fair and accurate.

3.12 Subscription narrowcasters will, where practicable, ensure that advertisements broadcast will be consistent with the relevant industry codes applicable to advertising, and:

3.13 Narrowcasters will comply with provisions relating to betting advertising including the promotion of betting odds in Appendix A.

CODE NO. 4

(c) contract period and termination provisions; and

(d) method of billing and credit management.

CREDIT MANAGEMENT AND BILLING

4.4 Subscribers should initially contact the narrowcaster with questions or disputes about credit management and billing. In the event that a subscriber is not satisfied with the outcome of discussions, the narrowcaster will advise the subscriber to contact the relevant consumer advisory service of the state or territory in which the subscriber resides. A list of relevant consumer advisory services is attached to these Codes as Attachment B.

b) in all other cases, five minutes before the broadcast of the first Program that includes the Live Sporting Event,

until 5 minutes after the conclusion of live-to-air coverage of Play.

4. after Play has concluded.

Promotions of Betting Odds during a Live Sporting Event

4. From 8.30pm to 5:00am, a Licensee must not broadcast a Promotion of Betting Odds during Play in a Live Sporting Event but may broadcast a Promotion of Betting Odds other than by a Commentator:

1. before Play has commenced or after Play has concluded; and

2. until 30 minutes after the conclusion of Play.

Representatives of gambling or betting organisations

must not be at or around, or appear to be at or around, the sports venue where the event which is the subject of the Live Sporting Event is taking place.

Content Safeguards

1. mislead or deceive the audience;

2. be directed at children;

7. associate betting or gambling with alcohol.

Restrictions on Low Audience Share Channels

1. on its website; and

2. in any promotional material that includes the Licensee’s pricing and packaging for any Low Audience Share Channel(s). For the avoidance of doubt, above the line advertising campaigns are not subject to this requirement.

1. on a pay-per-view basis;

2. as an alternative subsidiary service associated with a Live Sporting Event that is accessed through an active choice by the viewer (for example, by using a button on a remote control to select data relating to Betting Odds on a particular event); or

17. It will not be a breach of this Appendix if:

1. a failure to comply arises from a Live Sporting Event originating from outside Australia; and

1. the Live Sporting Event has a Scheduled Start of Play; and

2. Play commences at a different time to the Scheduled Start of Play; and

1. a Sports Channel or any Related Channel delivers addressable advertising, in which case the time zone that applies to that Sports Channel and any Related Channels is the time zone in which the viewer is located; or

2. a Sports Channel or any Related Channel which is a Subscription Broadcasting Service or Subscription Narrowcasting Service broadcasts concurrently, or has broadcast concurrently, different content on that Subscription Broadcasting Service or Subscription Narrowcasting Service in different geographical areas, in which case the time zone that applies to that Sports Channel and any Related Channels is the time of the relevant geographical area. Where such an area observes different time zones, the time zone observed by the largest proportion of the population of the area will apply.

21. In this Appendix:

“Accidental” means an unscripted and unplanned reference (including remarks by a Commentator) for which the Licensee does not receive any direct or indirect benefit (whether financial or not, and in addition to any direct or indirect benefit that the Licensee receives for broadcasting the Live Sporting Event).

2. a gambling or betting organisation (including generic information about a gambling or betting organisation’s brand, business or services).

Betting Advertising does not include an advertisement or a reference:

“Betting Odds” means comparative, generally monetary, odds offered in respect of a game or event for a bet on the chance of any occurrence or outcome within that particular game or event, or the overall outcome of the game or event. For the avoidance of doubt, Betting Odds includes comparative odds for horse, harness and greyhound racing.

“Channel Provider” means a person who:

“Exempt Program” means:

1. a program that is not a Related Program of at least 30 minutes duration that is broadcast within a Scheduled Break in Play during a Live Sporting Event or planned suspension of coverage of a Live Sporting Event and is either:

1. the name of a sporting venue;

2. branding on a player’s or official’s uniform; or

1. a delay of less than 90 minutes where broadcast as plausible live without reformatting; and

2. replay material during Play and any Unscheduled Postponements in Play.

For the avoidance of doubt, a live cross as contemplated in this definition will not make the program a Related Program.

“Long Form Live Sporting Events” include:

Where a Low Audience Share Channel exceeds an average metropolitan broadcast television audience share of 0.5% over a period of the three previous consecutive financial years or over all full financial years of its operation (as applicable), the channel will cease to be a Low Audience Share Channel from 1 January of the following year.

Subject to the above, where, at the time of its commencement, a new channel:

3. time outs and substitutions in games such as basketball.

“Promotion of Betting Odds” means a distinct promotional reference that provides Betting Odds and includes any writing, still or moving pictures, signs, symbols or other visual images, or any audible message(s) (or any combination of those things). A Promotion of Betting Odds includes superimposed text and graphics such as banner advertisements and sponsorship logos, spot commercials and paid, clearly identified sponsorship segments presented by person(s) but does not include a reference or material that is:

2. provided to the Licensee by the same Channel Provider; or

3. provided by the Licensee itself.

4. involves or profiles participants in the Live Sporting Event.

A news or current affairs Program will not be a Related Program where the items in b), c) and/or d) form no more than an insubstantial part of the program as a whole.

2. published on the Licensee’s website at least 24 hours prior to broadcast of the Program and notified to providers of electronic program guides at least 24 hours prior to the broadcast of the Program.

“Session” means:

“Sports Channel” means a channel that broadcasts predominantly sports content or is marketed as a sports channel.

“Subscription Broadcasting Service” has the same meaning given in section 16 of the Broadcasting Services Act 1992.

ATTACHMENT A: PROGRAM CLASSIFICATION CATEGORIES

G General

Classifiable elements

THEMES

The treatment of themes should have a very low sense of threat or menace, and be justified by context.

Sexual activity should be very mild and very discreetly implied, and be justified by context.

LANGUAGE

Nudity should be justified by context.

PG Parental Guidance

Classifiable elements

THEMES

The treatment of themes should generally have a low sense of threat or menace and be justified by context.

Sexual activity should be mild and discreetly implied, and be justified by context.

LANGUAGE

Nudity should be justified by context.

M Mature

Impact test

Classifiable elements

The treatment of themes may have a moderate sense of threat or menace, if justified by context.

VIOLENCE

LANGUAGE

Coarse language may be used.

Nudity should be justified by context.

MA15+ Mature Accompanied

Classifiable elements

THEMES

The treatment of strong themes should be justified by context.

Sexual activity may be implied.

LANGUAGE

NUDITY

Nudity should be justified by context.

Impact test

Classifiable elements

THEMES

There are virtually no restrictions on the treatment of themes.

Sexual activity may be realistically simulated. The general rule is

“simulation, yes – the real thing, no”.

NUDITY

Nudity is permitted.

The collection, use, disclosure and storage of a subscriber’s personal information is protected under the federal Privacy Act 1988 (Cth). The Office of the Australian Information Commissioner investigates complaints from individuals about interferences with privacy under the Privacy Act.

STATE & TERRITORY GOVERNMENT AGENCIES

Phone: (02) 6207 3000

Shopfront location:

CANBERRA CITY ACT 2601

New South Wales

1 Fitzwilliam Street

PARRAMATTA NSW 2150

Northern Territory Consumer Affairs

Website: http://www.nt.gov.au/justice/consaffairs

13 Scaturchio St

Casuarina

Mailing Address:

Department of Justice

Website: http://www.fairtrading.qld.gov.au

Phone: 13 74 68

Brisbane QLD 4000

Postal Address:

Website: http://www.ocba.sa.gov.au/

Phone: 131 882

GPO Box 1719

ADELAIDE SA 5001

Head Office:

Level 3, 15 Murray St

Victoria

Consumer Affairs Victoria

113 Exhibition Street

MELBOURNE VIC 3000

Website: http://www.commerce.wa.gov.au/consumerprotection

Phone: 1300 30 40 54

Locked Bag 14

Cloisters Square WA 6850

TTY Service for people with hearing or speech difficulties: 1300 303 609.

Adelaide office

Postal address:

GPO Box 922

Street address:

Level 24

George Street Post Shop

Brisbane Qld 4003

23 Marcus Clarke Street

Canberra ACT 2601

Fax: (02) 6243 1199

Darwin office

Postal address:

GPO Box 3056

Street address:

3rd Floor, AMP Building

GPO Box 1210

Hobart Tas 7001

Level 35, The Tower

360 Elizabeth Street

Melbourne Vic 3001

Ph: (03) 9290 1800

233 Adelaide Terrace

Perth WA 6000

Fax: (08) 9325 5976

Sydney office

Postal address:

GPO Box 3648

Street address:

Level 6, Central Plaza

Townsville Qld 4810

Ph: (07) 4729 2666

Postal Address:

GPO Box 5218

1 Definitions

In this Schedule:

(i) that contains election matter that relates to that election; and

(ii) in respect of the broadcasting of which the relevant licensee has received or is to receive, directly or indirectly, any money or other consideration; or

(b) matter commenting on, or advocating support of, a political party to which a candidate at the election belongs;

(c) matter commenting on, stating or indicating any of the matters being submitted to the electors at the election or any part of the policy of a candidate at the election or of the political party to which a candidate at the election belongs;

(i) the day on which the proposed polling day for the election is publicly announced; or

(ii) the day on which the writs for the election are issued;

(a) if the broadcasting was authorised by a political party:

(i) the name of the political party; and

(ii) the town, city or suburb in which the person lives or, if the person is a corporation or association, in which the principal office of the person is situated; and

(c) the name of every speaker who, either in person or by means of a sound recording device, delivers an address or makes a statement that forms part of that matter.

(ii) if that period ends before the end of the election period in relation to the election or referendum—the day on which that election period ends;

or such longer period as the ACMA, before the end of that period, directs by notice in writing to the broadcaster concerned.

(2) For the purposes of this Schedule (other than paragraph 9(1)(a)), the broadcasting by a community broadcasting licensee of:

(a) community information material or community promotional material; or

is not taken to be the broadcasting of an advertisement.

Part 2—Special conditions

(c) a community broadcasting licensee; or

(d) a subscription television broadcasting licensee; or

(1) In this clause, broadcaster means:

(a) a commercial television broadcasting licensee; or

(2) If:

(a) a broadcaster has a licence that has a licence area; and

(a) a broadcaster has a licence that does not have a licence area; and

(b) an election to a Parliament is to be held; and

(b) an election to a Parliament is to be held; and

(c) the broadcasting service is normally received in the area of Australia to which the election relates;

(b) a commercial radio broadcasting licensee; or

(c) a community broadcasting licensee; or

(4) For the purposes of this clause, a person authorises the broadcasting of political matter only if the person is responsible for approval of the content of the political matter and the decision to present it for broadcasting.

5 Records of matter broadcast

(d) a subscription television broadcasting licensee; or

(e) a person providing broadcasting services under a class licence.

or for such longer period as the ACMA, in special circumstances, directs in writing.

(4) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subclause (3), the person may give to the broadcaster a notice in writing informing the broadcaster that the record may be required for the purposes of the proceedings.

(9) A broadcaster must, without charge, make available to the ACMA, upon request, any specified record made by the broadcaster under subclause (2) that has been retained by the broadcaster (whether or not the broadcaster is, at the time of the request, under an obligation to retain the record).

6 Advertisements relating to medicines

(d) a person providing broadcasting services under a class licence.

(2) A broadcaster must not broadcast an advertisement relating to therapeutic goods that is required to be approved under the Therapeutic Goods Act 1989 unless the text of the advertisement has been so approved.

(ab) in the case of a person who provides an open narrowcasting television service or a subscription television narrowcasting service—the person will comply with subsection 121E(2) (section 121E is about requiring the ACMA’s permission to provide certain television services in regional areas);

(b) the person will comply with program standards applicable to the licence under Part 9 of this Act;

(iii) an open narrowcasting radio service;

transmitted using a digital modulation technique—the licensee will comply with standards under section 130AA (which deals with technical standards for digital transmission);

(e) the person will not use the part of the radiofrequency spectrum covered by paragraph (b) of the definition of broadcasting services bands in subsection 6(1) to provide broadcasting services under the licence.

(2) The provision by a person of a subscription broadcasting service or a subscription narrowcasting service under a class licence is also subject to the condition that subscription fees will continue to be the predominant source of revenue for the service.