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Australian Government Media Reform ACMA/ITU International Training Program 8 September 2006 Jenny Brigg and Lesley Osbo

Australian Government Media Reform ACMA/ITU International Training Program 8 September 2006 Jenny Brigg and Lesley Osborne. INTRODUCTION. Australian Government Media Reform discussion paper released on Tuesday 14 March 2006. New Media Framework for Australia released on 13 July 2006.

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Australian Government Media Reform ACMA/ITU International Training Program 8 September 2006 Jenny Brigg and Lesley Osbo

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  1. Australian GovernmentMedia ReformACMA/ITU International Training Program 8 September 2006Jenny Brigg and Lesley Osborne

  2. INTRODUCTION • Australian Government Media Reform discussion paper released on Tuesday 14 March 2006. • New Media Framework for Australia released on 13 July 2006. • Parliamentary tablingof draft amendments to the Broadcasting Services Act 1992 (the BSA)anticipated later this year.

  3. PRESENTATION OUTLINE • Overview of Government Media Reform Agenda • Brief Historic Overview • Current Legislation • Proposed Legislative Changes • Policy Changes • Transition to Digital Television

  4. MEDIA REFORM OVERVIEW • Remove broadcasting foreign ownership restrictions • Relax current restrictions on cross-media • Protect local content • Introduce broader enforcement powers for ACMA • Introduce use-it-or-lose-it component to Anti-siphoning list • Encourage digital broadcasting take-up

  5. BRIEF HISTORIC OVERVIEW • 1935 Media control limits for commercial radio • 1951 Foreign ownership limits for broadcasting • 1992 Foreign ownership limits for Pay TV • 1992 Removal of foreign ownership limits for radio • 1987 Cross-media control limits introduced • 1994 the Minister publishes 1st ‘anti-siphoning’ list. • 2001 Digital television broadcasting introduced

  6. CURRENT LEGISLATION- Media Control The following media control rules will continue to apply: • Two-to-a-licence area control limit for Radio • One-to-a-licence area control limit for TV • Combined licence area population for TV not to exceed 75% • Control of both TV & datacasting transmitter prohibited

  7. CURRENT LEGISLATION- Foreign Ownership • A foreign person not to be in a position to control TV • 2 or more foreign persons must not have company interests in commercial TV that exceed 20% • Not more than 20% of the directors of each commercial TV licensee may be foreign persons

  8. CURRENT LEGISLATION- Cross-Media A person must not be in a position to exercise control of: • A commercial television broadcasting licence and a commercial radio broadcasting licence in the same licence area • A commercial TV broadcasting licence and a newspaper that is associated with the licence area of the licence • A commercial radio broadcasting licence and a newspaper that is associated with the licence area of the licence

  9. CURRENT ENFORCEMENT POWERS • ACMA’s current enforcement powers in relation to broadcasting matters include the power to: • Issue a notice • Suspend or cancel a licence • Refer a person for criminal prosecution • Impose licence conditions • Make standards

  10. PROPOSED LEGISLATIVE CHANGES • Remove broadcasting foreign ownership restrictions • Relax current restrictions on cross-media • Protect local radio content • Extend local content requirement for regional TV • Broader enforcement powers for ACMA

  11. Remove Foreign Ownership Restrictions • Media-specific foreign ownership restrictions in the BSA to be removed. • Newspaper-specific foreign ownership restrictions to be removed from the Foreign Acquisitions Takeover Act 1975. • The media to remain a ‘sensitive sector’ under foreign investment policy • Direct foreign investment in media sector subject to approval by Treasurer.

  12. Relax Current Cross-Media Restrictions • Cross media control limit to be replaced by threshold test (minimum of 5 independently controlled media entities in metropolitan licence areas and 4 in regional licence areas). • Commercial licences not delivered via broadcasting services bands exempted from control laws.

  13. Protect Local Content (Radio) • Local Content Plans (minimum local content levels for regional commercial radio) will be required where: • A licensee becomes part of a cross-media group • There is a change in control of the licence • The format of the service is narrowed • The Minister directs ACMA to consider imposing local content requirements

  14. Protect Local Content (TV) • The local content licence condition requirement for regional TV licensees (currently affects mainland eastern states of Australia) is to be extended to include Tasmania. • The licence condition requires minimum levels of local content including: • news • local community service announcements • local emergency warnings

  15. Broader Enforcement Powers for ACMA • ACMA’s current enforcement powers are to be extended to include the power to: • Impose civil penalties (where only criminal penalties currently available) • Obtain injunctions where commercial broadcasting services are provided without an appropriate licence • Accept enforceable undertakings from industry • Issue infringement notices for minor breaches of BSA related to reporting requirements

  16. POLICY CHANGES Free-to-air television broadcasters have first right to bid for events on Anti-siphoning list (the list) (includes sporting events). • From 1 January 2007, a use-it-or-lose-it component will be introduced for sports events on the the list. • The scheme will identify criteria against which the ‘use’ of sports rights will be measured. • If free-to-air broadcasters don’t ‘use’ the sports rights, events could be removed from the list.

  17. TRANSITION TO DIGITAL TELEVISION • Digital terrestrial television broadcasting (DTTB) available to 96 percent of Australians • 20 percent household penetration of DTTB • 33 percent including subscription television • New digital switch target 2010 - 2012 • Digital Action Plan (DAP) to drive take-up of DTTB

  18. NEW DIGITAL CONTENT • Open up two reserved digital channels - new mobile television or new in-home services • Commercial free-to-air television - one standard definition multichannel from 2009 • Full multichannelling at time of digital switchover • Commercial free-to-air - one high definition multichannel from 2007 (removing simulcast requirement) • Remove restrictions on types of programming which can be shown on ABC and SBS multichannels

  19. DIGITAL ACTION PLAN (1) • DAP to be released in late 2006 with necessary tasks to achieve analogue switch off • Challenges for DDTB in Australia • High dependence on terrestrial free-to-air television • Horizontal market for individual DTTB equipment purchases • Limited new services

  20. DIGITAL ACTION PLAN (2) • Variety of tasks for government, broadcasters, retailers and consumers • DCITA, ACMA and possible new switch over body (as in UK) • Focus on moving the market • ACMA’s role to date planning of digital transmission and research • ACMA future role – planning, regulation and research

  21. RELATED RESEARCH TASKS (DIGITAL) • Trends in awareness and adoption • Fieldwork studies into various impediments to DTTB uptake – residential equipment; multi-unit dwellings • Consumer information and education • Forward planning for the digital dividend

  22. DO YOU HAVE ANY QUESTIONS?

  23. THE END

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