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We completed 32 assessments |
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Our assessments led to 8 investigations |
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We finalised 5 investigations |
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There were 3 investigations with breach findings |
Assessments
The co-regulatory framework set out in the Broadcasting Services Act 1992, provides broadcasters with an opportunity to respond to and resolve all complaints about alleged breaches of broadcasting codes of practice before the ACMA becomes involved. Within the co-regulatory framework, we operate as a complaints-handling escalation body for complaints that are not resolved by broadcasters. At that point, we conduct a complaint assessment to decide whether to investigate further.
We assess all complaints that allege a breach of broadcasting codes of practice where the complainant has been to the broadcaster 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.
Enhanced reporting of complaints and assessments
In our Annual report 2020–21, we updated our reporting methodology to better reflect the co-regulatory framework and to enhance transparency about the number of complaints and assessments completed in the reporting period. Complaints or contacts about alleged breaches of the broadcasting codes of practice that we receive before they have gone to the broadcaster are now reported as ‘enquiries’. This quarterly report does not include details of the enquiries received or actioned in the quarter.
Assessment decisions
The number of assessments may not equal the number of complaints received as multiple complaints may lead to a single assessment, or assessments may be undertaken in the absence of a complaint.
Assessment decisions by sector
Investigations finalised
Investigations finalised by sector
Average time taken to finalise closed investigations as at 30 September 2021
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.
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Investigation number |
Date of broadcast / broadcaster |
Description |
Provisions investigated |
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|---|---|---|---|---|---|
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Provisions of the Subscription Television Codes of Practice 2013 |
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5/04/2021 Foxtel |
Broadcast of a gambling advertisement during a live sporting event (self-reported) |
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Provisions of the ABC Code of Practice (and associated standards) 2019 |
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25/08/2020 Australian Broadcasting Corporation |
Allegation that a program encouraging Australians to reduce their carbon footprint presented data without sufficient context and lacked impartiality |
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Provisions of Schedule 2 of the BSA and of the Community Radio Broadcasting Codes of Practice 2008 |
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BI-560 |
N/A Fraser Coast Community Radio Inc |
Allegation that a community broadcaster was not encouraging community participation in the operations or selection and provision of programs, broadcast inaccurate information and failed to provide an adequate response to a complaint |
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N/A Bayside Community Radio Association Inc
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Allegation that a community broadcaster is not encouraging community participation in operations. |
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Provisions of Part 9D of the BSA |
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13 August 2020 and 26 August 2020 |
Allegation that the captioning service provided for two episodes of the 10 News First program was of poor quality. |
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