ACMA accepts formal undertakings from 2GB in response to breaches
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26 June 2007
ACMA accepts formal undertakings from 2GB in response to breaches
The Australian Communications and Media Authority has accepted formal
undertakings from Harbour Radio Pty Ltd, the licensee of commercial
radio service 2GB Sydney, concerning new training procedures on
vilification in response to a number of breaches of a provision of the
Commercial Radio Codes of Practice 2004 (the code).
In three investigations over the last six months, ACMA has found the
licensee in breach of the vilification provision of the code for
broadcasts that occurred between May and December 2005. Clause 1.3(e)
of the code provides that a licensee must not broadcast a program
which is likely to incite or perpetuate hatred against or vilify any
person or group on the basis of a number of attributes, including
ethnicity.
In response to these findings, 2GB will introduce a comprehensive
training program on vilification intended to ensure its future
compliance with the code. These procedures will supplement the revised
regime that the licensee of 2GB introduced in mid 2006 and means the
licensee's approach on this matter should better align with the code.
The new training is to be provided to all presenters, producers and on-
air staff to the satisfaction of ACMA.
The 2GB Board of Directors will formally review and approve the
compliance program for implementation and the licensee will report to
ACMA throughout the process on the development and application of the
new regime.
If ACMA is not satisfied at any time that the new arrangements will
ensure compliance with the code, ACMA will revisit the matter to
consider the heightened compliance options available to it.
2GB accepts this position and has reiterated its commitment to meeting
its responsibilities under the code.
ACMA welcomes the considered and constructive approach taken by 2GB in
developing a program of activities that specifically addresses ACMA's
concerns.
Media contact: Donald Robertson, ACMA Media Manager on (02) 9334 7980.
Backgrounder
Codes of practice
Codes of practice are developed under the Broadcasting Services Act
1992 (the Act) by industry in consultation with ACMA.
The Act states codes may relate to, among other things:
preventing the broadcasting of programs that, in accordance with
community standards, are not suitable to be broadcast by that section
of the industry.
In developing codes about this matter, community attitudes to the
portrayal in programs of matter that is likely to incite or perpetuate
hatred against, or vilifies, any person or group on the basis of
ethnicity, nationality, race, gender, sexual preference, age, religion
or physical or mental disability are to be taken into account.
ACMA must include a code in the Register of Codes of Practice if a
group representing a section of the industry develops a code and ACMA
is satisfied that it provides appropriate community safeguards; is
endorsed by a majority of the broadcasting service providers in that
section of the industry; and the public have been given an adequate
opportunity to comment on the code.
ACMA can investigate complaints about compliance with a code that is
included in the register.
The commercial radio codes of practice are due to be reviewed in late
2007.
Compliance measures
* For the purpose of exercising its enforcement powers, ACMA will
take into account:
* any relevant objects at section 3 of the Act;
* the regulatory policy at section 4 of the Act;
* the role of ACMA as set out at section 5 of the Act;
* any relevant directions given to the ACMA by the Minister;
* any relevant matters set out in the Act or any other Act; and
* any relevant administrative law obligations.
ACMA will also have regard to any other relevant considerations when
exercising its enforcement powers.
In addition to the matters set out above, ACMA uses its enforcement
powers in accordance with the following principles:
* ACMA recognises the importance of encouraging and facilitating
compliance by all industry participants with statutory obligations;
* ACMA's compliance activities may be both proactive and reactive;
* enforcement decisions must not be influenced by bias, conflicts
of interest or irrelevant considerations (such as gender, race,
religion, political views or affiliation);
* enforcement action should be proportionate to the impact of the
breaches of exercising or risk of future breach;
* any enforcement action should, so far as possible, seek to
address any systemic or ongoing element that may give rise to future
breaches; and
* the circumstances of each breach will be separately considered.
Actions available to ACMA in relation to a breach of a code of
practice include:
* accepting an unenforceable undertaking;
* accepting an enforceable undertaking; and
* imposing an additional condition on the licence.
Actions available to ACMA in relation to breaches of a licence
condition include:
* an infringement notice;
* civil penalties; and
* remedial directions.
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Last update: 26 June 2007 12:54
http://www.aussieseek.com
Hadley, Brian Wilshire and Jim Ball will have to at least appear to be
nice on-air. Jim Ball seems to get away with more as he does midnight
to dawn and there are fewer listeners and no complaints.
http://www.acma.gov.au/WEB/STANDARD//pc=PC_310397
On Jun 26, 11:26 pm, "http://www.aussieseek.com" <nswa...@yahoo.com>
wrote:
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June 26, 2007 - 7:19PM
Sydney radio station 2GB will introduce new training procedures after
three of its commentators breached racial vilification provisions of
the broadcasting code, the broadcast regulator says.
The Australian Communications and Media Authority (ACMA) said Harbour
Broadcasting Pty Ltd, licensee of 2GB, "will introduce a comprehensive
training program on vilification intended to ensure its future
compliance with the code".
ACMA said in its statement the training program met required
compliance measures stemming from three investigations into the
broadcaster during the past six months.
The investigations related to comments made by Alan Jones on his
breakfast program, Brian Wiltshire on his late evening show and
Malcolm T Elliott on his weekend program.
Jones and Wiltshire were found to have broadcast comments likely to
vilify people of Middle Eastern descent and encourage violence around
the time of the Cronulla race riot and retaliatory attacks in December
2005.
Elliott was found to have breached the Commercial Radio Code of
Practice in comments he made about Indonesian judges during
controversy over the jailing of convicted Australian drug smuggler
Schapelle Corby and the so-called Bali Nine.
Earlier this year, ACMA found Jones had breached the code by making
comments "likely to encourage violence or brutality" and "likely to
vilify people of Lebanese background and of Middle Eastern background
on the basis of their ethnicity".
At the time, Macquarie Radio Network chief executive Angela Clark
dismissed ACMA's findings as "seriously flawed and ill-founded".
She said 2GB and Jones were opposed to violence and had repeatedly
said so on air at the time.
Comment was being sought from Harbour Radio on ACMA's latest
statement.
The regulator said 2GB had agreed the new training regime would be
provided to all presenters, producers and on-air staff to ACMA's
satisfaction.
"These procedures will supplement the revised regime that the licensee
of 2GB introduced in mid 2006 and means the licensee's approach on
this matter should better align with the code," it said.
"The 2GB board of directors will formally review and approve the
compliance program for implementation and the licensee will report to
ACMA throughout the process on the development and application of the
new regime.
"If ACMA is not satisfied at any time that the new arrangements will
ensure compliance with the code, ACMA will revisit the matter to
consider the heightened compliance options available to it.
"2GB accepts this position and has reiterated its commitment to
meeting its responsibilities under the code.
"ACMA welcomes the considered and constructive approach taken by 2GB
in developing a program of activities that specifically addresses
ACMA's concerns."
© 2007 AAP
On Jun 26, 11:35 pm, "http://www.aussieseek.com" <nswa...@yahoo.com>