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Action on content complaints and investigations: October to December 2021

Accessed broadcast matters

We completed 39 assessments

Commenced investigations

Our assessments led to 16 investigations

Finalised invetigations

We finalised 8 investigations

Breach finding

There were 6 investigations with breach findings

 

Assessments

The co-regulatory framework set out in the Broadcasting Services Act 1992 allows broadcasters to respond to and resolve all complaints about alleged breaches of broadcasting codes of practice before we become involved. We operate as a complaints-handling escalation body for complaints 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 one.

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

Assessment decisions

Assessment decisions

Please note: The number of assessments may not equal the number of complaints received, as multiple complaints may lead to a single assessment. Assessments may also be undertaken in the absence of a complaint.

Assessment decisions by sector

Assessment decisions by sector

Investigations finalised

Investigations finalised

Investigations finalised by sector

Investigations finalised by sector

Average time taken to finalise closed investigations as at 31 December 2021

Average time taken to finalise closed investigations as at 31 December 2021

Provisions investigated

We receive and investigate 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-606

Multiple dates March 2021

TCN Nine Pty Ltd

Multiple complaints about content of various episodes of Married at First Sight.

  • 2.1.1: Classification

Radiocommunications Licence Conditions Determination 2015 (Narrowcasting)

BI-601

N/A

Myall Coast Radio

Allegation the station was not providing a service of limited appeal.

  • 4.8(a): LPON narrowcasting

Provisions of Schedule 2 of the BSA

BI-563

N/A

Noosa District Community FM Radio Association Inc

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-564

N/A

Hawkesbury Radio Communications Association 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)(b): Represent the community interest
  • 9(2)(c)(i): Encouraging participation in operations

BI-589

N/A

Windsor-Hawkesbury Community Radio

Allegation that a community broadcaster was not representing the community interest.

  • 9(2)(b): Represent the community interest

BI-635

N/A

Prime Television (Northern) Pty Ltd

Prime Television (Southern) Pty Ltd

Prime Television (Victoria) Pty Ltd

Self-report of non-compliance with regional television local programming requirements.

  • Paras 61CW(3)(a) and (b): local programming requirements for aggregated regional commercial television licensees
  • 7(2)(ba): Will comply with local programming requirements

BI-607

25/06/2021

Foxtel

Allegation of tobacco advertising during live broadcasts of the 2021 Bahrain and Imola Formula One Grand Prix.

  • 10(1)(a): Prohibition on tobacco advertising

Provisions of Part 9D of the BSA

BI-616

1–4 July 2021

Nine Network

Allegation that a captioning service was not provided for Nine News broadcast between 1 and 4 July 2021.

  • 7(1)(o): Will comply with the rules and standards
  • s 130ZR(1): Compliance with captioning standard
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