What happens if a TV station breaks the rules about what they can broadcast?
In Plain English:
If a TV station messes up and broadcasts something they shouldn't, like breaking the rules about content during kids' programs or not following anti-terrorism guidelines, there can be consequences. The Broadcasting Services Act 1992 and related standards lay out what can happen. The ACMA (Australian Communications and Media Authority) can issue warnings, suspend or even cancel the station's license. Also, the station might have to pay a penalty, which can be a lot of money, especially if they keep doing the wrong thing. In some cases, the Federal Court can step in and make orders to stop the station from breaking the rules again.
Detailed Explanation:
Several sections of the Broadcasting Services Act 1992 and related instruments outline the consequences of breaching broadcasting regulations:
- Breach of Licence Conditions: If a commercial television broadcasting licensee breaches a condition of their licence, the ACMA may issue a notice to suspend the licence for up to 3 months or cancel the licence as per section 143 of the Broadcasting Services Act 1992. The licensee must be given written notice of the intention to suspend or cancel and a reasonable opportunity to make representations.
- Failure to Comply with a Notice: If a commercial television broadcasting licensee fails to comply with a notice issued by the ACMA under section 141 of the Broadcasting Services Act 1992, the ACMA can suspend the licence for up to 3 months or cancel it, as per section 143 of the Broadcasting Services Act 1992.
- Civil Penalties: Section 142A of the Broadcasting Services Act 1992 states that failure to comply with a notice under section 141 is a civil penalty provision. A separate contravention occurs for each day the non-compliance continues.
- Breaches related to anti-siphoning: Part 10B of the Broadcasting Services Act 1992 establishes the anti-siphoning scheme.
- Minimum Prominence Requirements: Under subsections 130ZZN(1) and (2) of the Broadcasting Services Act 1992, a manufacturer of a regulated television device, or a related body corporate of the manufacturer, may be liable to a civil penalty if they supply the device, and the device does not comply with the minimum prominence requirements prescribed by Part 2 of the Broadcasting Services (Minimum Prominence Requirements) Regulations 2024; or do not take reasonable steps to ensure that the device continues to comply with those requirements after the device is supplied.
- Television Licence Area Plan (TLAP) Violations: A commercial television broadcasting licensee must not transmit commercial television broadcasting services otherwise than in accordance with a TLAP (subsection 26AA(1) of Schedule 2 to the Broadcasting Services Act 1992). Breaching this condition is an offence and subject to a civil penalty (subsections 139(1) and 140A(1) of the Broadcasting Services Act 1992).
- Anti-Terrorism Requirements: Under the Broadcasting Services (Anti-terrorism Requirements for Television Narrowcasting Services) Standard 2021, licensees must not broadcast programs that advocate terrorism, recruit for terrorist groups, or finance terrorism. Compliance with this standard is a licence condition.
- Federal Court Orders: Section 95u of the Political Broadcasts and Political Disclosures Act 1991 empowers the Federal Court of Australia to make orders to prevent contraventions of sections 95b, 95c, 95d, 95e or 95s.