Information kit—Analog community radio broadcasting licencesHarvey RA1 Licence AreaNOVEMBER 2014

CanberraRed Building Benjamin OfficesChan Street Belconnen ACT

PO Box 78Belconnen ACT 2616

T +61 2 6219 5555F +61 2 6219 5353

MelbourneLevel 32 Melbourne Central Tower360 Elizabeth Street Melbourne VIC

PO Box 13112Law Courts Melbourne VIC 8010

T +61 3 9963 6800F +61 3 9963 6899

SydneyLevel 5 The Bay Centre65 Pirrama Road Pyrmont NSW

PO Box Q500Queen Victoria Building NSW 1230

T +61 2 9334 7700 1800 226 667F +61 2 9334 7799

Copyright notice

http://creativecommons.org/licenses/by/3.0/au/

With the exception of coats of arms, logos, emblems, images, other third-party material or devices protected by a trademark, this content is licensed under the Creative Commons Australia Attribution 3.0 Licence.

We request attribution as: © Commonwealth of Australia (Australian Communications and Media Authority) 2014.

All other rights are reserved.

The Australian Communications and Media Authority has undertaken reasonable enquiries to identify material owned by third parties and secure permission for its reproduction. Permission may need to be obtained from third parties to re-use their material.

Written enquiries may be sent to:

Manager, Editorial and DesignPO Box 13112Law CourtsMelbourne VIC 8010Tel: 03 9963 6968Email: candinfo@acma.gov.au

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Harvey RA1 Licence Area 1How to lodge an application 1

Licence area definition

Licence area map

Technical specifications

Existing broadcasting services

Appendix A—Licence conditions

Appendix B—Community Radio Broadcasting Codes of Practice 2008

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Harvey RA1 Licence Area

Applications are invited for the analog Community Radio Broadcasting Licence for use of the 96.5 MHz frequency in the Harvey RA1 Licence Area.

The ACMA invites applications for the analog community radio broadcasting licence to serve the Harvey RA1 Licence Area in Western Australia. The licence to be allocated is identified as SL1130120.

Applications may only be lodged by not-for-profit companies (including incorporated associations) formed in Australia or an external territory and which represent a community interest.

How to lodge an applicationApplicants must complete the approved application form.

The ACMA will assess all applications on merit, having regard to the matters set out at section 84(2) of the Broadcasting Services Act 1992.

The ACMA does not require applicants to submit petitions from the community in support of their application. Also, the ACMA asks applicants not to encourage members of the community to write separately to the ACMA in support of their application.

Applications marked ‘Harvey Community Radio Licence’ must be lodged by midnight (AEDT) on Sunday 21 December 2014 and addressed to:

The ManagerCommunity Broadcasting and Safeguards SectionAustralian Communications and Media Authority

By mail: PO Box Q500 QUEEN VICTORIA BUILDING NSW 1230

By email: communitybroadcasting@acma.gov.au

By fax: (02) 9334 7799

The ACMA will not accept applications received after the closing date.There is no statutory requirement for the ACMA to publish applications for community radio broadcasting licences received. However, the ACMA usually publishes the names and contact details of applicants on the ACMA website so that interested persons may contact an applicant directly if they wish to obtain a copy of an application.

Please note that the ACMA does not routinely acknowledge receipt of applications.

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Licence area definitionLicence Area - HARVEY RA1Licence Area ID - 1364Community Radio Service Licence numbers: SL1130120

The licence area, in terms of areas defined by the Australian Bureau of Statistics at the Census of 8 August 2006, is:

Area description

Dardanup (S) - Pt A (SLA) WA CD 061511

Harvey (S) - Pt A (SLA) WA CD 061514

WA CD 061501 WA CD 061515

WA CD 061502 WA CD 061516

WA CD 061503 WA CD 061517

WA CD 061504 WA CD 061518

WA CD 061505 WA CD 061605

WA CD 061506 WA CD 061607

WA CD 061507 WA CD 061611

WA CD 061508 WA CD 061615

WA CD 061509 WA CD 061620

WA CD 061510 WA CD 5052305

Note:

Standard terminology used by the Australian Bureau of Statistics:

(SLA) = Statistical Local Area

(CD) = Collection District

(S) = Shire

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Licence area map

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Technical specificationsLICENCE AREA PLAN: Bunbury Radio

Category: Community

General Area Served: Harvey (WA)

Service Licence Number: SL1130120

TECHNICAL SPECIFICATION - FM Radio

Specification Number: TS1133509

Transmitter Site:-

Nominal location: 6HRV FM Site Honeymoon Road HARVEY

Australian Map Grid Zone Easting NorthingReference: 50 400273 6342984

Site Tolerance: Refer to Broadcasting Services (Technical Planning) Guidelines 2007

Emission:-

Frequency Band & Mode: VHF-FM

Carrier Frequency: 96.5 MHz

Polarisation: Vertical

Maximum antenna height: 20 m

Output Radiation Pattern:-Bearing or Sector

(Clockwise direction)Maximum ERP

0°T - 180°T180°T - 210°T210°T - 270°T270°T - 300°T300°T - 360°T

10 W200 W400 W200 W10 W

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Existing broadcasting servicesOverlapping radio and television services

Category of broadcasting service

Nature of programming

Tele

visi

on s

ervi

ces

ABC National General programming including news, information, education, entertainment and arts

SBS National Multilingual programming including news, education and entertainment

WOW Commercial General programming including news, information and entertainment

SDW Commercial General programming including news, information and entertainment

SSW Commercial General programming including news, information and entertainment

Rad

io s

ervi

ces

6ABCFM93.3 MHz National ABC Classic FM (Bunbury)—classical music

6BUN95.7 MHz Commercial Hot FM (Bunbury)—general programming

including news, information and entertainment

6EL621 kHz Commercial Spirit (Bunbury)—general programming

including news, information and entertainment

6JJJ94.1 MHz National

ABC Radio Triple J (Bunbury)—general programming with a local and national perspective including news, entertainment and music.

6PNN1152 kHz National ABC News Radio—news programming

6RN1269 kHz National

ABC Radio National (Busselton)—general programming with a national perspective including news, information and entertainment

6TZ963 kHz Commercial Radio West (Bunbury)—general programming

including news, information and entertainment

6BS684 kHz National

ABC Local Radio (Bunbury)—general programming with a local perspective including news, information and entertainment

6WF720 kHz National

ABC Local Radio (Perth)—general programming with a local perspective including news, information and entertainment

96.5 FM96.5 MHz

Temporary community

Harvey community radio—programming for the general community interest

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Appendix A—Licence conditionsExtract from the Broadcasting Services Act 1992

Schedule 2—Standard conditions

Part 1—Interpretation

1 Definitions

In this Schedule:

Classification Board means the Classification Board established by the Classification (Publications, Films and Computer Games) Act 1995.

election means an election to a Parliament or a local government authority of a State or Territory.

election advertisement, in relation to an election, means:(a) an advertisement:

(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) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a person or persons and indicating that the person is a candidate, or one or more of the persons is or are candidates, at the election; or(c) an announcement containing a statement to the effect that a program that is to be or has been broadcast is or was sponsored by a particular political party where a candidate at the election belongs to that party.

election matter, in relation to an election, means matter of any of the following kinds:

(a) matter commenting on, or soliciting votes for, a candidate at the election;(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;(d) matter referring to a meeting held or to be held in connection with the election.

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election period means:(a) in relation to an election to the Legislative Council of Tasmania, or an ordinary election to the Legislative Assembly of the Australian Capital Territory—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and(b) in relation to any other election to a Parliament—the period that starts on:

(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;whichever happens first, and ends at the close of the poll on

the polling day for the election; and(c) in relation to an election to a local government authority—the period that starts 33 days before the polling day for the election and ends at the close of the poll on that day; and(d) in relation to a referendum whose voting day is the same as the polling day for an election to the Parliament of the Commonwealth—the election period in relation to that election; and(e) in relation to any other referendum—the period that starts 33 days before the voting day for the referendum and ends at the close of voting on that day.

person includes a political party, a corporation and any other association (whether incorporated or unincorporated).

political matter means any political matter, including the policy launch of a political party.

radiocommunications device has the same meaning as in the Radiocommunications Act 1992.

referendum means the submission to the electors of a proposed law for the alteration of the Constitution, whether or not the proposal to make the submission has been announced.

relevant period, in relation to an election, means the period that commences at the end of the Wednesday before the polling day for the election and ends at the close of the poll on that polling day.

required particulars, in relation to a political matter that is broadcast, means:

(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 principal office of the political party is situated; and

(iii) the name of the natural person responsible for giving effect to the authorisation; and

(b) if the broadcasting of the political matter was authorised by a person other than a political party:

(i) the name of the person who authorised the broadcasting of the political matter; and

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(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.

required period, in relation to the keeping of a record in relation to political matter, means:

(a) subject to paragraph (b), the period of 6 weeks commencing on the day on which the matter was broadcast; or(b) if the matter relates to an election or referendum and was broadcast during the election period in relation to the election or referendum—the period commencing on the day on which the matter was broadcast and ending:

(i) at the end of the period referred to in paragraph (a); or(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 Interpretation—certain things do not amount to broadcasting of advertisements

(1) For the purposes of this Schedule (other than paragraphs 7(1)(a), 8(1)(a), 9(1)(a), 10(1)(a) and 11(1)(a)), a person is not taken to broadcast an advertisement if:

(a) the person broadcasts matter of an advertising character as an accidental or incidental accompaniment to the broadcasting of other matter; and(b) the person does not receive payment or other valuable consideration for broadcasting the advertising matter.

(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(b) a sponsorship announcement that acknowledges financial support by a person of the licensee or of a program broadcast on a service provided under the licence, whether or not the announcement:

(i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or

(ii) promotes activities, events, products, services or programs of the person; or

(c) material that announces or promotes a service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the service or services provided under the licence;

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is not taken to be the broadcasting of an advertisement.

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Part 2—Special conditions

3 Broadcasting of political or controversial material

(1) In this clause, broadcaster means:(a) a commercial television broadcasting licensee; or(b) a commercial radio broadcasting licensee; or(c) a community broadcasting licensee; or(d) a subscription television broadcasting licensee; or(e) a person providing broadcasting services under a class licence.

(2) If, during an election period, a broadcaster broadcasts election matter, the broadcaster must give reasonable opportunities for the broadcasting of election matter to all political parties contesting the election, being parties which were represented in either House of the Parliament for which the election is to be held at the time of its last meeting before the election period.

(3) This clause does not require a broadcaster to broadcast any matter free of charge.

3A Broadcasting of election advertisements

(1) In this clause, broadcaster means:(a) a commercial television broadcasting licensee; or(b) a commercial radio broadcasting licensee; or(c) a community broadcasting licensee; or(d) a subscription television broadcasting licensee; or(e) a person providing broadcasting services under a class licence.

(2) If:(a) a broadcaster has a licence that has a licence area; and(b) an election to a Parliament is to be held; and(c) the licence area overlaps, contains or is contained in the area of Australia to which the election relates;

the broadcaster must not broadcast under the licence an election advertisement in relation to the election during the relevant period.

(3) If:(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(c) a broadcasting service under the licence is normally received in the area of Australia to which the election relates;

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of that service.

(4) If:(a) a broadcaster provides a broadcasting service under a class licence; and

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(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;

the broadcaster must not broadcast an election advertisement in relation to the election during the relevant period as part of the service.

4 Identification of certain political matter

(1) In this clause, broadcaster means:(a) a commercial television broadcasting licensee; or(b) a commercial radio broadcasting licensee; or(c) a community broadcasting licensee; or(d) a subscription television broadcasting licensee; or(e) a person providing broadcasting services under a class licence.

(2) If a broadcaster broadcasts political matter at the request of another person, the broadcaster must, immediately afterwards, cause the required particulars in relation to the matter to be announced in a form approved in writing by the ACMA.

(3) A broadcaster must, in relation to political matter broadcast at the request of another person, keep a record of the name, address and occupation of the person or, if the person is a company, the name and the address of the principal office of the person for the required period and must give to the ACMA any particulars of the record that the ACMA, by written notice, requires.

(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

(1) In this clause, broadcaster means:(a) a commercial television broadcasting licensee; or(b) a commercial radio broadcasting licensee; or(c) a community broadcasting licensee; or(d) a subscription television broadcasting licensee; or(e) a person providing broadcasting services under a class licence.

(2) If a broadcaster broadcasts matter relating to a political subject or current affairs, being matter that is in the form of news, an address, a statement, a commentary or a discussion, the broadcaster must cause a record of the matter to be made in a form approved in writing by the ACMA.

(3) Subject to this clause, a broadcaster must retain in his or her custody a record so made for a period of:

(a) 6 weeks from the date on which the matter was broadcast; or(b) if a complaint has been made about the matter—for 60 days from the date on which the matter was broadcast;

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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.

(5) If such a notice is given to a broadcaster in respect of a record, the broadcaster must, subject to this clause, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined.

(6) If the proceedings are not instituted within a period of 3 months after the notice is given to the broadcaster, subclause (5) ceases to apply to the record at the end of that period.

(7) The obligation imposed by this clause on a broadcaster to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court.

(8) If the ACMA is of the opinion that a matter of which a record has been made under this clause is of sufficient historic interest to justify its being permanently preserved, the ACMA may direct in writing a person who has custody of the record to deliver it for safe keeping to a person or authority specified by the ACMA, and the person to whom the direction is given must comply with the direction but is entitled to fair compensation.

(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

(1) In this clause, broadcaster means:(a) a commercial television broadcasting licensee; or(b) a commercial radio broadcasting licensee; or(c) a subscription television broadcasting licensee; or(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.

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Part 5—Community broadcasting licences

9 Conditions applicable to services provided under community broadcasting licences

(1) Each community broadcasting licence is subject to the following conditions:

(a) the licensee will not, in contravention of the Tobacco Advertising Prohibition Act 1992, broadcast a tobacco advertisement within the meaning of that Act;(b) the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;(c) the licensee will comply with program standards applicable to the licence under Part 9 of this Act;(ca) the licensee will comply with standards under section 130A (which deals with technical standards for digital transmission);(caa) if the licensee provides a digital community radio broadcasting service under the licence—the licensee will comply with any standards under section 130AA (which deals with technical standards for digital transmission);(cb) the licensee will comply with subsection 130V(1) (which deals with industry standards);(d) the licensee will, if the Minister, by notice in writing given to the licensee, so requires broadcast, without charge, such items of national interest as are specified in the notice;(e) the licensee will, if the Minister notifies the licensee in writing that an emergency has arisen which makes it important in the public interest that persons authorised by the Minister have control over matter broadcast using the licensee’s broadcasting facilities, allow those persons access to and control over those facilities;(f) the licensee will not use the broadcasting service or services in the commission of an offence against another Act or a law of a State or Territory;(g) the licensee will not broadcast a program that has been classified RC or X 18+ by the Classification Board;(ga) the licensee will not broadcast films that are classified as “R 18+” unless the films have been modified as mentioned in paragraph 123(3A)(b);(h) the licensee will commence the provision of at least one broadcasting service within one year of being allocated the licence or within such longer period as is notified in writing by the ACMA;(i) the licensee will comply with the requirements of clauses 3, 3A, 4, 5 and 6;(j) the licensee 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 a community broadcasting service under the licence unless the service is a digital community radio broadcasting service;

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(k) if a television licence area plan applies to the licence area—the licensee will comply with subsection 26AA(3).

(2) Each community broadcasting licence is also subject to the following conditions:

(a) the licensee will remain a suitable licensee;(b) the licensee will continue to represent the community interest that it represented at the time when the licence was allocated or was last renewed;(c) the licensee will encourage members of the community that it serves to participate in:

(i) the operations of the licensee in providing the service or services; and

(ii) the selection and provision of programs under the licence;(d) the licensee will provide the service or services for community purposes;(e) the licensee will not operate the service or services for profit or as part of a profit-making enterprise.

(2AA) Paragraph (2)(e) does not prevent a designated community radio broadcasting licensee from holding shares in a digital community radio broadcasting representative company (within the meaning of the Radiocommunications Act 1992).

(2A) Each community broadcasting licence is also subject to the condition that the licensee will not provide community broadcasting services under the licence outside the licence area of the licence unless:

(a) the provision of those services outside that licence area occurs accidentally; or(b) the provision of those services outside that licence area occurs as a necessary result of the provision of community broadcasting services within the licence area; or(c) both:

(i) the licensee satisfies the ACMA that the provision of those services outside that licence area occurs in exceptional circumstances; and

(ii) the ACMA has given permission in writing; or(d) all of the following subparagraphs apply:

(i) the first-mentioned licensee satisfies the ACMA that there is a person (the eligible person) who is in a community broadcasting licence area (the second licence area) that is not the same as the first-mentioned licence area and who is not receiving adequate reception of a community broadcasting service or services provided by a community broadcasting licensee for the second licence area;

(ii) the provision of the first-mentioned services outside the first-mentioned licence area occurs only to the extent necessary to provide adequate reception of the first-mentioned services to the eligible person;

(iii) the ACMA has given permission in writing.

(2B) Each community broadcasting licence that has been transferred is also subject to the condition that the transferee must, within

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7 days after the transfer, notify the ACMA of the transfer. A notification must be in accordance with a form approved in writing by the ACMA.

(3) A community broadcasting licensee may broadcast sponsorship announcements on a particular community broadcasting service. However, they must not run in total for more than:

(a) if the licensee is a community television broadcasting licensee—7 minutes in any hour of broadcasting on that service; or(b) in any other case—5 minutes in any hour of broadcasting on that service.

(4) A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks.

(5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:

(a) material that publicises programs to be broadcast by the licensee;(b) material that promotes the licensee’s products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;(c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind;(d) sponsorship announcements consisting of moving text that is overlaid on a test pattern.

(6) Paragraph (1)(b) applies to a community broadcasting service targeted, to a significant extent, to one or more remote Indigenous communities as if the words “for which the licensee receives any consideration in cash or in kind” were inserted after “advertisements”.

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Appendix B—Community Radio Broadcasting Codes of Practice 2008Contents

Introduction

a. Backgroundb. Guiding principlesc. Legal obligationsd. Australian Communications and Media Authority (ACMA)e. Sector organisations

Codes

Code 1: Our responsibilities in broadcasting to meet community interestCode 2: Principles of diversity and independence Code 3: General programmingCode 4: Indigenous programmingCode 5: Australian musicCode 6: SponsorshipCode 7: ComplaintsCode 8: Codes of Practice review

Appendicesappendices attached to the Codes are for guidance only and do not form part of the Codes

1: Codes of Practice Checklist2: Codes of Practice Announcement Example3: Rights and Responsibilities of Volunteers Example4: Procedures for Disciplinary Action and Dismissal of Volunteers Example5: Reporting suicide and mental illness responsibly6: Music Policy Example7: Sponsorship Policy Example8: Codes of Practice Checklist

Introduction

a. Background

Community broadcasting plays a vital role in Australia as a unique sector operating together with commercial broadcasters and national broadcasters such as the Australian Broadcasting Corporation (ABC) and the Special Broadcasting Service (SBS). The sector actively promotes community access and participation and volunteers are largely responsible for the operations of community broadcasting stations. The stations vary significantly depending on the audience and community interest they serve,. These stations include those focusing on particular geographic areas, Indigenous, ethnic, Radio for the Print Handicapped, religious, gay and lesbian, and youth, as a few examples.

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The Broadcasting Services Act 1992 (the Act) outlines the legal framework for community broadcasting and explains the role the sector plays in delivering diverse media services that reflect a sense of Australian identity, character and cultural diversity. The Community Radio Codes of Practice (the Codes) set out the guiding principles and policies for programming on community broadcasting stations. They also outline the operational standards for stations that hold a community broadcasting licence. The Codes do not replace the licence conditions in the Act; they are complementary and we are legally obliged to follow both the licence conditions and the Codes.

Under Section 123 of the Act, industry groups must develop the Codes in consultation with the Australian Communications and Media Authority. The Codes may cover programming requirements, fairness and accuracy in news and current affairs reporting, complaints handling and sponsorship, among other matters. The Codes outline that the sector organisation representing the majority of licensees will be responsible for coordinating a review of the Codes. As such, during 2008 the Community Broadcasting Association of Australia (CBAA) coordinated the review process.

NOTE: Appendices attached to the Codes are for guidance only and do not form part of the Codes.

b. Guiding principles

Community broadcasters are united by six guiding principles. We will work to:

Promote harmony and diversity and contribute to an inclusive, cohesive and culturally-diverse Australian community

Pursue the principles of democracy, access and equity, especially for people and issues not adequately represented in other media

Enhance the diversity of programming choices available to the public and present programs that expand the variety of viewpoints broadcast in Australia

Demonstrate independence in programming as well as in editorial and management decisions

Support and develop local arts and music Increase community involvement in broadcasting.

Throughout the Codes, community broadcasting licensees are referred to as 'we' or 'our'. The terms are legally binding.

c. Legal obligations

Each community broadcasting station has legal obligations that relate to programming and station operations. The Broadcasting Services Act 1992 (the Act) outlines a number of licence conditions and some program standards that apply to all stations.

Key provisions in the Act require community broadcasters to:

provide community broadcasting services for the benefit of the community and not operate them to make a profit,

continue to represent the community interest that it represented when the licence was allocated or last renewed, although a licensee can apply to change that community interest at renewal,

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encourage community access and participation in all aspects of station operations, from programming to management, and

only broadcast sponsorship announcements, rather than advertising, which total no more than five minutes in any hour of broadcasting.

d. Australian Communications and Media Authority (ACMA)

The broadcasting regulator, the Australian Communications and Media Authority (ACMA), is responsible for ensuring that community broadcasting stations meet the licence conditions in the Act and requirements outlined in the Codes. Some other key responsibilities of ACMA are to:

Promote a system whereby broadcasters take responsibility for making sure they meet the licence conditions and the requirements in the Codes,

Make sure that electronic media maintain community standards,

Manage spectrum allocation and make sure that a range of media services is provided in all areas, and

Administer the licence allocations and renewals process, including for temporary community broadcasting licences.

ACMA investigates complaints made on issues relating to licence conditions or the Codes. The complaints procedure is detailed in Code 7. The order in which complaints are dealt with is outlined in the following table:

Type of complaint: Steps in handling complaint A station's choice of programming

Station’s responsibility according to its policies and procedures under Code 2 or 3.

Disputes among station volunteers and members

Station’s responsibility according to its policies and procedures under Code 1. Sector organisations may be able to provide some assistance.

Internal conflict resolution Station’s responsibility according to its policies and procedures under Code 1. Sector organisations may be able to provide some assistance.

Internal management or constitution matters

Consult the State or Territory Office of Fair Trading or Consumer Affairs Department. Sector organisations may be able to provide some assistance.

Defamation claims against station

Seek own legal advice.

e. Sector organisations

Community broadcasting organisations exist to provide support and advice to their members. They include national, state and regionally-based organisations and those focused on special interests or communities. These organisations also work to influence the regulatory environment through lobbying, advocacy and briefing government.

None of these sector organisations regulates community broadcasting. They have no legal role to play in monitoring complaints, solving disputes or ensuring that community broadcasters meet their legal obligations. However, collectively they contribute information and ideas to the Codes of Practice review, in consultation with ACMA, and may assist stations to meet their legal obligations.

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A list of current membership-based community broadcasting sector organisations can be found at http://www.cbonline.org.au/.

Code 1: Purpose

Our responsibilities in broadcasting to meet our community interest

To make sure that community radio stations operate according to the guiding principles and within a framework of sound corporate governance

1.1 Each community radio station will be controlled and operated by an independent body that represents its community interest.

1.2 We will have in place written corporate governance policies and procedures that support management, financial, and technical operations to meet all legal requirements.

1.3 We will have training in place to ensure that everyone is aware of his or her legal obligations and is able to effectively participate in providing the service.

1.4 We will have written policy documents in place that outline:(a) the principles of financial membership,(b) the rights and responsibilities of financial members within the organisation, and(c) the rights and responsibilities of the organisation to financial members.A register of financial members will also be kept and made available to ACMA on request.

1.5 We will have written policies and procedures in place to effectively deal with internal conflict.

1.6 We will have policies and procedures in place to handle complaints from our members and volunteers. See Code 7: Complaints for more information.

1.7 We will broadcast at least one on-air announcement each week that contains information about the Codes and where listeners can get a copy. A copy of the announcement is to be made available to ACMA on request.

References:

o Appendix 1: Codes of Practice checklist. o Appendix 2: Codes of Practice announcement example

Code 2: Purpose

Principles of diversity and independence

To make sure that community radio stations have written policies and procedures in place that promote diversity and encourage community participation

2.1 Our station will make sure that people in our community who are not adequately served by other media are encouraged and assisted to participate in providing our

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service. We will have in place policies and procedures to support this commitment. We will document evidence of our efforts to encourage community participation.

2.2 Our policies and procedures will include mechanisms to enable active participation by our community in station management, programming and general operations.

2.3 We will have policy documents in place that outline:

(a) the principles of volunteering,(b) the rights and responsibilities of volunteers within the organisation,(c) the rights and responsibilities of the organisation to volunteers, whether they are members or not, and(d) grounds and procedures for the dismissal of volunteers.

2.4 All policy documents will be freely available.

2.5 In all station activities and our behaviour we will oppose and break down prejudice on the basis of ethnicity, race, language, gender, sexuality, age, physical or mental ability, occupation, religious, cultural or political beliefs.

References:

o Appendix 3: Volunteer rights and responsibilities example. o Appendix 4: Procedures for disciplinary action and dismissal of

volunteers example.

Code 3: Purpose

General programmingTo encourage programming that reflects our community interest and guiding principles

3.1 Our community radio station will not broadcast material that may:

(a) incite, encourage, or present for its own sake violence or brutality,(b) mislead or alarm listeners by simulating news or events,(c) present as desirable the use of illegal drugs, the misuse of tobacco or alcohol as well as other harmful substances, and(d) glamorise, sensationalise, or present suicide as a solution to life problems. In particular, broadcast material should not provide explicit details about themethod and/or location of a suicide attempt or death.

3.2 We will attempt to avoid censorship where possible. However, in our programming decisions we will consider our community interest, context, degree of explicitness, the possibility of alarming the listener, the potential for distress or shock, prevailing Indigenous laws or community standards and the social importance of the broadcast.

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3.3 We will not broadcast material that is likely to stereotype, incite, vilify, or perpetuate hatred against, or attempt to demean any person or group, on the basis of ethnicity, nationality, race, language, gender, sexuality, religion, age, physical or mental ability, occupation, cultural belief or political affiliation. The requirement is not intended to prevent the broadcast of material which is factual, or the expression of genuinely held opinion in a news or current affairs program or in the legitimate context of a humorous, satirical or dramatic work.

3.4 We will have programming practices that protect children from harmful material but will avoid concealing the real world from them.

3.5 We will follow applicable privacy laws by:(a) respecting people’s legitimate right to protection from unjustified use of material which is obtained without consent or through an invasion of privacy, (b) only broadcasting the words of an identifiable person where:

(i) that person has been told in advance that the words may be broadcast, or(ii) it was clearly indicated at the time the recording was made that the material would be broadcast, or(ii) in the case of words that have been recorded without the knowledge of a person, that person has indicated his/her agreement prior to broadcast.

3.6 News, current affairs (including news updates and promotions), documentaries, feature programs and interviews shall:

(a) provide access to views not adequately represented by other broadcasting sectors,(b) present factual material accurately and ensure that reasonable efforts are made to correct substantial errors of fact as quickly as possible,(c) clearly distinguish factual material from commentary and analysis,(d) present news in such a way that it does not create public panic or unnecessary distress to listeners, and(e) represent viewpoints fairly without having a misleading emphasis, editing out of context or withholding relevant and available material.

3.7 Community broadcasters play a vital role in broadcasting emergency information. Community radio stations with the ability to offer emergency broadcasts will:

(a) have procedures in place to enable appropriate local emergency broadcasts, (b) liaise with appropriate emergency and essential service organisations, and(c) ensure the accuracy of emergency information.

References:

o Appendix 5: Reporting suicide and mental illness responsibly – resources available.

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Code 4: Purpose

Indigenous programming and coverage of Indigenous issues

To acknowledge the unique status of Indigenous peoples as the first Australians and to offer a way to demonstrate respect for their cultures and customs. In the Code ‘Indigenous Australians’ refers to the Aboriginal and Torres Strait Islander peoples of Australia

4.1 We will seek to involve and take advice from Indigenous Australians in the production of programs focusing on Indigenous Australians and issues. Where possible, we will consult the appropriate Indigenous media organisation broadcaster on appropriate forms of communication.

4.2 When reporting on Indigenous peoples and issues, we will take care to verify and observe the best way to respect culture and customs by:

(a) considering regional differences, that is, be mindful of differences between Indigenous local groups, (b) using appropriate words and phrases in referring to Indigenous peoples and their regional groups,(c) seeking proper advice on how to best respect Indigenous bereavement customs when reporting on people who are recently deceased, and(d) using suitable words and phrases when reporting on the social and emotional well-being of Indigenous people.

References:

o For more information on Indigenous cultural protocols for media workers see http://www.abc.net.au/indigenous

Code 5: Purpose

Australian music

To reflect the commitment of community radio stations to develop Australian music and provide opportunities for performers to have their work regularly broadcast

5.1 In selecting Australian music for broadcast in each month we will consider our community interest.

5.2 Of all music programming, we will broadcast at least:

(a) 25 per cent of Australian music, except for ethnic and classical music stations, and(b) 10 per cent of Australian music for ethnic and classical music stations.

Australian music played is calculated as a percentage of all music played over a calendar month.

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5.3 The requirements above do not include music used in sponsorship announcements, programs, or station promotions.

References:

o Appendix 6: Music policy example.

Code 6: Purpose

Sponsorship To complement the licence condition in the Act relating to sponsorship announcements

6.1 We will have in place a written sponsorship policy that reflects the licence condition in the Act. This includes:

(a) broadcasting no more than five minutes of sponsorship announcements in one hour, and(b) tagging each announcement to acknowledge the financial and/or in-kind support of the sponsor.

6.2 Sponsorship will not be a factor in deciding who can access broadcasting time.

6.3 We will make sure editorial decisions affecting the content and style of individual programs are not influenced by program or station sponsors.

6.4 We will ensure that editorial decisions affecting the content and style of overall station programming are not influenced by program or station sponsors.

6.5 The general programming guidelines in Code 3 also apply to sponsorship announcements.

References:

o Appendix 7: Sponsorship policy example o See also ACMA’s Community Broadcasting Sponsorship Guidelines

2008 at http://www.acma.gov.au/

 

Code 7: Purpose

Complaints To outline our legal requirements relating to complaint handling

7.1 We acknowledge the rights of our listeners, members and volunteers to make complaints in writing about alleged non-compliance with both the licence conditions in the Act and the requirements outlined in the Codes.

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7.2 We will make every reasonable effort to resolve complaints, except where a complaint is clearly frivolous, without sufficient grounds or not made in good faith.

7.3 We will ensure that:

(a) complaints will be received by a responsible person in normal office hours and receipt is acknowledged in writing,(b) complaints will be conscientiously considered, investigated if necessary, and responded to substantively as soon as possible,(c) complaints will be responded to in writing within 60 days of receipt, as required by the Act, and the response will include a copy of the Codes, and(d) complainants are advised in writing that they have the right to refer their complaint about a Code matter to ACMA provided they have first:

(i) formally lodged their complaint with the licensee in writing, and(ii) received a substantive response from the licensee and are dissatisfied with this response, or have not received a response from the licensee within 60 days after making the complaint.

A written complaint or response can be a letter, fax, or email.

7.4 A responsible person of the licensee will maintain a record of complaints and responses for at least two years from the date of the complaint.

7.5 The record of complaints and responses will be made available to ACMA on request.

References:

o Appendix 8: Complaints policy example o See also ACMA’s Complaints about programs: How to make a

complaint about radio and television programs brochure at http://www.acma.gov.au/

Code 8: Purpose

Codes of Practice review

To ensure that the Codes continue to reflect changing community standards and remain relevant in the contemporary media environment

8.1 The community radio sector, as coordinated by the sector organisation representing the majority of licensees, will review the Community Radio Codes of Practice every three to five years in consultation with other sector organisations.

8.2 Before any changes are made to the Codes, the sector, as represented by the sector organisation representing the majority of licensees, will consult with other sector organisations and ACMA. The organisation will strive to seek agreement with the majority of community broadcasting stations and incorporate public feedback before the Codes are provided to ACMA for registration under the Act.

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