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Action on content complaints and investigations: April to June 2022

Accessed broadcast matters

We completed 64 assessments

Commenced investigations

Our assessments led to 7 investigations

Finalised invetigations

We finalised 14 investigations

Breach finding

There were 9 investigations with breach findings

 

Assessments

The co-regulatory framework is set out in the Broadcasting Services Act 1992. It gives broadcasters the chance to respond to – and resolve – all complaints about alleged breaches of broadcasting codes before we get involved. Within the framework, we operate as a complaints escalation body for complaints that are not resolved by broadcasters. We do an assessment to decide if we investigate further.

We assess all complaints that allege a breach of broadcasting codes of practice where the complainant:

  • has been to the broadcaster and isn’t satisfied with the response
  • has not received a response.

We also assess all complaints that allege a breach of:

  • licence conditions
  • standards
  • the online content service provider rules.

 

Assessment decisions

Assessment decisions

 

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 30 June 2022

Average time taken to finalise closed investigations, as at 30 June 2022

Finalised investigations

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 provided in the first column.

 

Investigation number

Date of broadcast / broadcaster

Description

Provisions investigated

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

BI-610

29/10/2021

WIN Television Qld Pty Ltd

Allegation of a lack of impartiality in a report on WIN News Townsville about the ‘Save Our Voices’ campaign to amend legislation governing regional television broadcasters.

  • 3.4.1: Present news fairly and impartially

BI-611

5/11/2021

Prime Television (Southern) Pty Ltd

Allegation of a lack of impartiality in a report on Prime7 News Wagga about the ‘Save Our Voices’ campaign to amend legislation governing regional television broadcasters.

  • 3.4.1: Present news fairly and impartially

BI-618

25/7/2021

Channel Seven Sydney Pty Ltd

Broadcast of a gambling advertisement during a live sporting event (Tokyo Olympic Games).

  • Appendix 3, Cl 3.1: Commercial relating to betting or gambling during a live sporting event

BI-626

25/09/2021

Golden West Network Pty Ltd

Broadcast of a gambling advertisement during a live sporting event (AFL Grand Final).

  • Appendix 3, Cl 3.1: Gambling advertisements not permitted before 8.30 pm

BI-633

24/07/2021 to 1/08/21

Channel Seven Sydney Pty Ltd

Broadcast of a gambling advertisement during a live sporting event (Tokyo Olympic Games).

  • Appendix 3, Cl 3.1: Gambling advertisements before 8.30 pm
  • Appendix 3, Cl 3.4: Gambling advertisements after 8.30 pm

Provisions of the ABC Code of Practice (and associated standards) 2019

BI-613

21/12/20 and 5/01/2021

Australian Broadcasting Corporation

Allegation that segments on The World Today and AM about COVID-19 vaccinations for Palestinians lacked accuracy and were misleading.

  • 2.1: Accuracy

Provisions of Schedule 2 of the BSA and of the Community Radio Broadcasting Codes of Practice 2008

BI-600

N/A

Lake Macquarie FM Inc

Allegation that a community broadcaster was not encouraging community participation in the operations, and failed to provide an adequate response to a complaint.

  • 9(2)(c)(i): Encouraging participation in operations
  • Code 3: General programming
  • Code 7: Complaint handling

Provisions of Schedule 2 of the BSA

BI-565

N/A

Tamworth Broadcasting Society Inc

Allegation that a community broadcaster was exceeding the sponsorship limit.

  • 9(3)(b): Will not exceed 5 minutes per hour of sponsorship announcements

BI-614

N/A

Beaudesert Community Radio Group Inc

Station not on air – not providing a service.

  • 9(2)(d): Provide service for a community purpose

BI-636

N/A

Orange Community Broadcasters Limited

Allegation that a community broadcaster was breaching advertising licence conditions.

  • 9(1)(b) Advertising

Provisions of Part 9D of the BSA

BI-615

21/07/2021

Mildura Digital Television Pty Ltd

Allegation that there was a lack of captioning on the Judge Judy program.
  • 130ZR(1)(a): Provide a captioning service for programs transmitted on main channel between 6 am and midnight daily

Provisions of Part 9D and of Schedule 2 of the BSA

BI-629

24/4/2021

Channel Seven Sydney Pty Ltd

Allegation that an episode of Dancing with the Stars was broadcast with poor quality captioning.
  • 130ZZD(2)(b): Record keeping
  • 130ZZ A(4): Captioning Standard
  • 7(1)(o) of Schedule 2: Licence condition to comply with Part 9D

Broadcasting Services (Online Content Service Provider Rules) 2018

BI-634

7Plus

Self-reported streaming of gambling advertisements during Tokyo Olympic Games.
  • 12: Gambling promotional content before 8.30pm
  • 15: Gambling promotional content after 8.30pm
  • 21: Record keeping

Please note: This table does not include one investigation that was finalised without a finding being made.

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