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Action on content complaints and investigations: April to June 2021

Accessed broadcast matters

We assessed 41 matters

Commenced investigations

We commenced 9 investigations

Finalised invetigations

We finalised 9 investigations

Breach finding

There were 8 investigations with breach findings

Decisions to formally investigate a complaint

We assess all complaints that allege a breach of broadcasting industry codes of practice where the complainant has been to the broadcaster first and is not satisfied with the response, or has not received a response.

We also assess all complaints that allege a breach of licence conditions, standards or the online content service provider rules.

 

Assessment decisions

Graph 1

Formal investigations commenced or not commenced by sector

Graph 2

Investigations finalised

Graph 3

Investigations finalised by sector

Graph 4

Average time taken to finalise closed investigations as at 30 June 2021

Graph 5

Provisions investigated

The ACMA receives and investigates complaints about:

  • licence conditions
  • program standards
  • codes of practice
  • online content rules.

Broadcasting codes of practice investigations usually assess a broadcast against more than one provision of the relevant code.

The table below shows finalised broadcasting investigations and the relevant provisions. Breaches found during this period are shown in bold. Links to investigation reports are made available once a report is published.

Investigation number

Date of broadcast / broadcaster

Description

Provisions investigated

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

BI-579

18/11/2020

Channel Seven Adelaide Pty Ltd

Allegation that a report about a motorcycle collision was inaccurate

  • 3.3.1: Accuracy

BI-583

14/10/2020

TCN Channel Nine Pty Ltd

Allegation that a segment promoting McDonalds did not appropriately disclose a commercial arrangement

  • 4.11: Disclose a commercial arrangement

Provisions of the Subscription Broadcast Codes of Practice 2013

BI-586

Foxtel Cable Television Pty Ltd

 

Allegation of live streaming of gambling advertisements in conjunction with a live sporting event

  • Clause 2 Appendix A: Betting advertising

Provisions of Schedule 2 to the BSA

BI-544

24/11/2019

WIN Television NSW Pty Limited

Allegation that the captioning of the NCIS program was of poor quality and a failure to meet record keeping obligations

  • 7(1)(o): Comply with rules and standards
  • ss 130ZR(1)(b): Provide a captioning service for programs transmitted on main channel between 6 am and midnight daily
  • ss130ZZA(4): Captioning standards
  • ss130ZZD(2)(b): Record-keeping requirements

BI-547

N/A

Eastern Community Broadcasters Incorporated

Allegation that a community broadcaster was not representing the community interest, encouraging community participation in the operations or selection and provision of programs, or providing the service for community purposes

  • 9(2)(b): Continue to represent the community interest
  • 9(2)(c)(i): Encouraging participation in operations
  • 9(2)(c)(ii): Encouraging participation in selection and provision of programs
  • 9(2)(d) Providing the service for community purposes

BI-578

N/A

Sutherland Shire Community Radio Association Inc

Allegation that a presenter on 2SSR is being paid to promote local businesses on his program

  • 9(1)(b): Advertising
  • 9(2)(e): Not for profit

BI-562

N/A

Albany Community Radio Inc

Allegation that a community broadcaster was not representing the community interest and was not encouraging community participation in the operations of the service

  • 9(2)(b): Represent the community interest
  • 9(2)(c)(ii): Encouraging participation in selection and provision of programs

BI-585

21/02/2021

Swan Television 7 Radio Broadcasters Pty Ltd

Allegation that a West Australian Labor election advertisement broadcast the audio of required particulars at such a speed as to be incomprehensible

  • 4(2): Identification of political matter
  • 7(1)(j): Comply with subclause 4(2)

Provisions of Part 9D of the BSA

 

BI-553

1/04/2020 and 13/04/2020

Network Ten (Melbourne) Pty Limited

Allegation that captioning for 2 episodes of the 10 News First program was faulty.

  • 7(1)(o): Comply with rules and standards
  • ss 130ZR(1)(b): Provide a captioning service for programs transmitted on main channel between 6 am and midnight daily
  • ss130ZZA(4): Captioning standards
         

 

The table below shows finalised online content service provider investigations and the relevant provisions. Breaches found during this period are shown in bold.

 

Investigation number

Online content provider

Description

Provisions investigated

Broadcasting Services (Online Content Service Provider Rules) 2018

 

BI-586

Kayo

 

Allegation of live streaming of gambling advertisements in conjunction with a live sporting event

  • Part 3: Prohibition of gambling promotional content

 

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