The document discusses media regulation in Australia. It describes the system of self-regulation where industry bodies create codes of practice for television networks, radio broadcasters, subscription services, print media and advertisers. These codes govern areas like content classification, advertising standards and complaints handling. It also discusses the government regulator, the Australian Communications and Media Authority (ACMA), which oversees various areas of media operations, promotes self-regulation and handles complaints. The ACMA website provides information on making complaints and details past investigations into breaches of broadcasters' codes.
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Presented by Adrian Grilli, Managing Director, Joint Radio Company Ltd (JRC) at UK Spectrum Policy Forum Cluster 2 meeting on 9th Sep. on 'Public-Private sharing'
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Progress Update & Transportation
More information at: http://www.techuk.org/about/uk-spectrum-policy-forum
All rights reserved
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This presentation by Australia was made during the discussion “Independent sector regulators and competition” held at the 68th meeting of the OECD Working Party No. 2 on Competition and Regulation on 2 December 2019. More papers and presentations on the topic can be found at oe.cd/isrc.
Commercial and Economic Regulation
1
Economic context
Key terms and concepts
Key Players in Australia
Principles of Regulation
Self regulation?
This lecture
2
Australia is a developed country rich in natural resources :Mining and farming major exports
Major service industries: financial services, tourism, transport, communication and education
Major Trade partners: China, japan, Korea, US and UK
Increasingly shaped and influenced by golbal economy and reducing trade barriers
Economy
Australia has a mixed free enterprise economy and as Australia has joined the word economy it has significantly de-regulated a number of industries such as banking and aviation. Has moved faway from the idea of government as delivering primary services toa view that government is guide to policy similar to many Western democracies
3
As economy has grown markets have increasingly gone from predominantly state and regional to national ones
Has led to need to harmonize Australian laws in key areas e,g Australian Consumer law
Since 1970s has moved away from protectionism sought to promote a more competitive environment by allowing foreign entrants into market e.g aviation and banking
National economy
World is increasingly inter-connected and Australia is impacted by developments around the world
“globalisation”: trend towards crossing of national boundaries facilitated by internet, multi-national corporations, NGOs and mass media
Economic globalisation driven by WTO which in turn drives domestic policies
Impacts on regulatory responses e.g. legislation to respond to challenges of the internet, harmonised IP laws, privacy laws
Global context
Australian Senate : has made it difficult to move ahead on major reforms e.g Medicare co-payment
Government debt
Growth in sectors other than mining poor
High cost economy (particularly energy costs)
Need for more foreign investment
Management of scare resources :particularly water
Climate Change
More support for innovation, particularly small business
Strengthen Relationships with Trade Partners
Appropriate Regulation
Some Economic Challenges
Corporate entities are primary economic vehicle in Australia
Corporation:
separate legal entity recognised under legislation
Owned by shareholders
Managed by board who delegates responsibility usually to CEO
Economic operators
Are others: sole traders(individuals trading on own) and partnerships
7
Regulation may refer to:
legal rules imposed by government, the courts, regulators and industry
enacted law: legislation made by parliament and delegated legislation.
may also be more broadly defined as “Any rule endorsed by government where there is an expectation of compliance”.
The term “regulations” refers to specific legal rules or can refer specifically to provisions of delegated legislation or rules in respect of which the government expects compliance
What is regulation?
Various definitions
8
Regulators” bodies tasked by gove.
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2. What is Media Regulation?
https://www.youtube.com/watch?v=MDHt8Kzf7ls
3. Self-Regulation & Codes of Practice
• Industry associations created by Australian commercial media
providers to represent their interests.
• Also formed to lobby governments for media reform that would help
their companies function much more effectively and return better
profits.
• Such bodies include:
▫ Free TV Australia (represents FTA TV networks)
▫ Commercial Radio Australia (represents commercial radio
broadcasters)
▫ Australian Subscription Television and Radio Association (or
ASTRA, represents subscription TV & Radio)
▫ Australian Press Council (represents print media)
▫ Australian Association of National Advertisers (represents
advertising industry)
4. Self-Regulation & Codes of Practice
• On top of government policy, the previously mentioned
bodies abide by rules & regulations agreed upon by
members of their industry.
• These are called ‘codes of practice’.
• An example of this is the FTA TV industry operating
under a different set of regulations. This includes:
▫ governing program classifications
▫ reporting in news & current affair programs
▫ time spent on advertising
▫ classification & placement of commercials and the handling
of complaints.
5. Standards of Public Media Orgs
Like the industry
codes of practice,
the ABC charter
sets standard that
the broadcaster
must follow.
8. Australian Communications and Media
Authority (ACMA)
• Federal government funded body (est. 2005) that
oversees various areas & practices of Aus Media
operations including: TV, Radio and Internet.
• Responsibilities:
▫ Promoting self-regulation and competition within the industry
while protecting consumers & users.
▫ Maintaining an environment where electronic media respects
community standards and responds to audience & user needs.
▫ Managing access to the radiofrequency spectrum.
▫ Representing Australia’s communications interests
internationally.
9. ACMA Questions
• Examine the ACMA website to find and outline
(in your own words) the procedure for making a
complaint against a broadcaster.
• Examine the ACMA website to find details of a
past investigation into a breach of a
broadcaster’s code of practice. What happened
in the breach and what was the outcome?
• http://www.acma.gov.au/