Action on content complaints and investigations: October to December 2020

We assessed 50 matters

We commenced 17 investigations

We finalised 12 investigations

There were 8 investigations with breach findings

Provisions of the Commercial Television Industry Code of Practice 2015 (revised 2018)

BI-552

10/02/20 / General Television Corporation Pty Ltd

Allegation that a Nine News report about a car crashing into a house revealed the identity of the occupants as police officers, putting them at risk.

• 3.5.1: Privacy

BI-557

29/11/20 / Channel Seven Melbourne Pty Ltd

Allegation that a Seven News report about a school lacked accuracy and impartiality, and breached the privacy provisions.

• 3.3.1: Accuracy
• 3.4.1: Impartiality
• 3.5.1: Privacy

BI-559

18/05/20 / Channel Seven Sydney Pty Ltd

Allegation that The Morning Show broadcast a BIG W advertorial without disclosing a commercial arrangement.

• 4.1.1: Disclosure of commercial arrangements

BI-568

5/08/20 / Network Investments Pty Ltd

Allegation that the Alan Jones program inaccurately reported on measures to reduce COVID-19 infections and encouraged people to break laws relating to restrictions to prevent infection.

• 2.3.3: Exercise care in in selecting material for broadcast
• 3.3.1: Accuracy

Provisions of the National Broadcaster (ABC and SBS) Codes

BI-541

8/07/2019 / ABC

Allegation that Four Corners report ‘Cash Splash’ about water efficiency projects on the Murrumbidgee River lacked accuracy and impartiality.

• 2.1 and 2.2: Accuracy
• 4.1 and 4.5: Impartiality

Provisions of the Commercial Radio Code of Practice March 2017 (Revised 2018)

BI-566

17/06/20 / Radio 3AW Melbourne Pty Ltd

Allegations that the 3AW Drive program incited hatred and belittled First Nations people.

• 2.1.4: incite serious contempt, severe ridicule on the basis of race

Provisions of the Community Radio Broadcasting Codes of Practice 2008

BI-554

N/A / 3RIM Inc

Allegation that a community broadcaster failed to provide an adequate response to a complaint

• 2.1: encourage and assist participation in provision of service, have community participation policy
• 7.3: Complaint handling

Provisions of Schedule 2 to the BSA

BI-534

N/A / Inner North Eastern Community Radio Incorporated

Allegation that a community broadcaster was not encouraging community participation in the operations or selection and provision of programs.

• 9(2)(c)(i): encouraging participation in operations
• 9(2)(c)(ii): encouraging participation in selection and provision of programs

BI-550

N/A / Creative Community Radio Inc

Allegation that a community broadcaster was not representing the community interest, and was not providing the service for community purposes.    

• 9(2)(b): will continue to represent the community interest
• 9(2)(d) providing the service for community purposes

Other provisions of the BSA

BI-573

N/A / 11 ARN licensees

Allegation that ARN licensees did not notify of the change of control within 10 business days of becoming aware of the event.

HT&E Finance Pty Ltd did not notify that it was in a position to exercise control of the licences within 10 business days of becoming aware of being in that position.

• ss 63(1): will notify change in control
• ss 64(1):  will notify of being in a position to exercise control of a commercial radio broadcasting licence within 10 business days of becoming aware of being in that position in a form approved in writing.] (This provision was repealed on 12/12/2019).

BI-576

1/4/2020 to 30/06/2020

Southern Cross Austereo

Licensee requested forbearance for 9 licences for non-compliance with certain local content and local presence obligations.

• 8(2)(c): will comply with licence condition
• ss 61CD(1): minimum service standards
• ss 61CP: will comply with approved local content plan