Interview: Donald Robertson, Media Manager, Australian Broadcasting Authority: 4th September 2003

After a month of negotiation, Media Man Australia secures this in depth interview with Donald Robertson.

Donald explains the background and role of the ABA in the Australian communications industry and provides answers the questions you wanted to know.


What are your aims and objectives?

1. When Parliament passed the Broadcasting Services Act in 1992, it set out the objectives for broadcasting regulation (section 3). These objectives express Parliament's intentions for and expectations of broadcasting regulation. I attach a copy of these objects, together with what the Act says about regulatory policy and the role of the ABA. The ABA's vision statement is a regulatory environment in which accessible, diverse and responsible electronic media services thrive.

3 Objects of this Act
(1) The objects of this Act are:

(a) to promote the availability to audiences throughout Australia of a diverse range of radio and television services offering entertainment, education and information; and

(aa) to promote the availability to audiences and users throughout Australia of a diverse range of datacasting services; and

(b) to provide a regulatory environment that will facilitate the development of a broadcasting industry in Australia that is efficient, competitive and responsive to audience needs; and

(ba) to provide a regulatory environment that will facilitate the development of a datacasting industry in Australia that is efficient, competitive and responsive to audience and user needs; and

(c) to encourage diversity in control of the more influential broadcasting services; and

(d) to ensure that Australians have effective control of the more influential broadcasting services; and

(e) to promote the role of broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity; and

(f) to promote the provision of high quality and innovative programming by providers of broadcasting services; and

(fa) to promote the provision of high quality and innovative content by providers of datacasting services; and

(g) to encourage providers of commercial and community broadcasting services to be responsive to the need for a fair and accurate coverage of matters of public interest and for an appropriate coverage of
matters of local significance; and

(h) to encourage providers of broadcasting services to respect community standards in the provision of program material; and

(i) to encourage the provision of means for addressing complaints about broadcasting services; and

(j) to ensure that providers of broadcasting services place a high priority on the protection of children from exposure to program material which may be harmful to them; and

(ja) to ensure that international broadcasting services are not provided contrary to Australia's national interest; and

(k) to provide a means for addressing complaints about certain Internet content; and

(l) to restrict access to certain Internet content that is likely to cause offence to a reasonable adult; and

(m) to protect children from exposure to Internet content that is unsuitable for children; and

(n) to ensure the maintenance and, where possible, the development of diversity, including public, community and indigenous broadcasting, in the Australian broadcasting system in the transition to digital broadcasting.

4 Regulatory policy
(1) The Parliament intends that different levels of regulatory control be applied across the range of broadcasting services, datacasting services and Internet services according to the degree of
influence that different types of broadcasting services, datacasting services and Internet services are able to exert in shaping community views in Australia.

(2) The Parliament also intends that broadcasting services and datacasting services in Australia be regulated in a manner that, in the opinion of the ABA:

(a) enables public interest considerations to be addressed in a way that does not impose unnecessary financial and administrative burdens on providers of broadcasting services and datacasting services; and

(b) will readily accommodate technological change; and

(c) encourages:

(i) the development of broadcasting technologies and datacasting technologies, and their application; and

(ii) the provision of services made practicable by those technologies to the Australian community.

(3) The Parliament also intends that Internet content hosted in Australia, and Internet carriage services supplied to end users in Australia, be regulated in a manner that:

(a) enables public interest considerations to be addressed in a way that does not impose unnecessary financial and administrative burdens on Internet content hosts and Internet service providers; and

(b) will readily accommodate technological change; and

(c) encourages:

(i) the development of Internet technologies and their application; and

(ii) the provision of services made practicable by those technologies to the Australian community; and

(iii) the supply of Internet carriage services at performance standards that reasonably meet the social, industrial and commercial needs of the Australian community.

(3A) This section does not apply to Part 8B (which deals with international broadcasting services).

5 Role of the ABA
(1) In order to achieve the objects of this Act in a way that is consistent with the regulatory policy referred to in section 4, the Parliament:

(a) charges the ABA with responsibility for monitoring the broadcasting industry, the datacasting industry and the Internet industry; and

(b) confers on the ABA a range of functions and powers that are to be used in a manner that, in the opinion of the ABA, will:

(i) produce regulatory arrangements that are stable and predictable; and

(ii) deal effectively with breaches of the rules established by this Act.

(2) Where it is necessary for the ABA to use any of the powers conferred on it by this Act to deal with a breach of this Act or the regulations, the Parliament intends that the ABA use its powers, or a combination of its powers, in a manner that, in the opinion of the ABA, is commensurate with the seriousness of the breach concerned.

(3) This section does not, by implication, limit the functions and powers of:

(a) the Australian Communications Authority; or

(b) the Australian Competition and Consumer Commission; or

(c) any other body or person who has regulatory responsibilities in relation to the Internet industry.

What are the biggest issues you deal with?

2. The biggest issues the ABA deals with include the planning and licensing of new services; the determination of program standards and licence conditions for commercial TV and radio; the registration of codes of practice for broadcasting and internet services; the investigation of
complaints about broadcasting and internet services and the administration of the ownership and control rules for broadcasters.

What have been the biggest positive changes in the ABA in the past few years?

3. One of the biggest positive changes in the ABA in the past few years was the completion of the radio planning task begun in 1992 (with nearly 1500 new radio transmitters planned). Another is the planning of channels for television broadcasters to provide digital TV services (alongside the current analog services). The year in review section of the ABA's annual report is a good source of the ABA's year by year achievements, see
http://www.aba.gov.au/abanews/annRpt/index.htm

Why are internet broadcasting and publishing laws in Australia different to those overseas, such as in the United States?

4. The ABA administers a 'co-regulatory' scheme for Internet content. The scheme aims to address community concerns about offensive and illegal material on the Internet and, in particular, to protect children from exposure to material that is unsuitable for them.

Because of the global nature of the Internet, international co-operation is a key requirement for effective regulation. The Broadcasting Services Act 1992 charges the ABA with the responsibility to liaise with regulatory and other relevant bodies overseas about co-operative arrangements for the regulation of the Internet industry, including (but not limited to) collaborative arrangements to develop multilateral codes of practice and Internet labelling technologies. In the course of implementing Australia's co-regulatory scheme for Internet content, the ABA has participated in a wide range of international regulatory forums and networks.

The ABA has had particular regard to the operation of the Safer Internet Action Plan (SIAP) of the European Union (EU), which has objectives and elements similar to the Australian co-regulatory scheme. The plan is comprised of strategies in the areas of hotlines, filtering, and education and awareness.

Have or will we ever see the end of "cash for comment"?

5. As a result of the ABA's commercial radio inquiry, the ABA put in place program standards that make the practice of undisclosed 'cash for comment' a breach of a commercial radio broadcaster's licence. Licensees who breach the standards run the risk of losing their licence, see
http://www.aba.gov.au/radio/content/standards/index.htm

What are some notable examples of the ABC's Media Watch getting it wrong? eg incorrect or perhaps bias reporting

6. The ABA's role with regard to Media Watch, or any other ABC TV or radio program, is to investigate unresolved complaints form viewers and listeners. The ABA has not found any breach of the ABC code of practice by Media Watch in the years 2001-02 or 2002-03.

In the long term, will the ABC go with an advertising model?

7. The issue of funding of the ABC or advertising on the ABC is not a matter within the ABA's jurisdiction.

Explain how material is classified? (question changed to match up with the information provided. ABA notified).

8. All material submitted for classification is viewed, read or played by members of the Classification Board, who then decide what classification category a film, publication or computer game should fall into, based on the content of the material. The Board follows state and commonwealth legislation which outlines what type of content is acceptable within each classification category, see http://www.oflc.gov.au/content.html?n=118&p=60

How does the ABA make a positive difference to the lives of everyday Australians?

9. The ABA hopes to make a positive difference to the lives of everyday Australians by facilitating a regulatory environment in which accessible, diverse and responsible electronic media services thrive.

...end.

Editors note: Perhaps our most in depth interview to date concerning the Australian telecommunications business to date. For further understanding of the industry examine the website links listed, in addition to reading the interviews with other key Australian telecommunications figures. We publicly thank the ABA for their time, effort and goodwill in making this interview possible.

Links:

Australian Broadcasting Authority

Office of Film & Literature Classification

Other related interviews:

Derek Wilding - Communications Law Centre

Peter Webb, Digital Broadcasting Australia

Bruce Arnold, Caslon Analytics

Paul Budde, BuddeComm

Lee Tien, Electronic Frontier Foundation

Australian Broadcasting Corporation, Peter Clancy

ABC Press Releases:

How News Is Made In Australia - May 2001

ABA - Current Press Releases