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Action on content complaints and investigations: October to December 2022

Accessed broadcast matters

We completed 22 assessments

Commenced investigations

Our assessments led to 2 investigations

Finalised invetigations

We finalised 11 investigations

Breach finding

There were 11 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 escalate complaints not resolved by broadcasters. We do an assessment to decide if we investigate further.

We assess all complaints about potential breaches of broadcasting codes where the person making the complaint:

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

We also look at all complaints that allege a breach of:

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

 

Assessment decisions

Chart 1

 

Assessment decisions by sector

Chart 2

 

Investigations finalised

Chart 2

 

Investigations finalised by sector

Chart 4

 

Average time taken to finalise closed investigations, as at 31 December 2022

Chart 5

Finalised investigations

The table below shows finalised broadcasting investigations and the relevant provisions. Breaches found during this period are shown in bold. We’ve provided links to investigation reports 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-645

Multiple dates

Southern Cross Communications Pty Ltd (SCA)

Allegation that the Outsiders program (in particular, the Weather and the Sceptics’ Ice Age Watch segment) contained inaccurate information regarding climate change.
  • 3.3.1: Accuracy and fairness
BI-646

Multiple dates

Network Investments Pty Ltd (WIN)

Allegation that the Outsiders program (in particular the Weather and the Sceptics’ Ice Age Watch segment) contained inaccurate information regarding climate change.
  • 3.3.1: Accuracy and fairness
Provisions of the Commercial Radio  Code of Practice 2017 (revised 2018)
BI-630

1/09/2021 and 3/09/2021

Commonwealth Broadcasting Corporation Pty Ltd

Allegation that comments by Kyle Sandilands on Kyle and Jackie O about paralympians were derogatory and offensive, and subsequent comments by a journalist were threatening.
  • 2.1.4: Incite hatred or sever ridicule on grounds of disability
  • 2.2: Decency
  • 10.11: Complaint handling
  • 10.12: Complaint handling
 
BI-631

20/04/2021

Australian Broadcasting Corporation

Allegations of a lack of accuracy and impartiality on 2 Four Corners programs about Fox News.
  • 2: Accuracy
  • 4: Impartiality
  • 5: Fair and honest dealing
Provisions of the Subscription Broadcast Television Industry Codes of Practice 2013
BI-647

Multiple dates

Foxtel Cable Television Pty Ltd

Allegation that the Outsiders program (in particular the Weather and the Sceptics’ Ice Age Watch segment) contained inaccurate information regarding climate change.
  • 2.2(a)(i): Accuracy
  • 2.2(a)(ii): distinguish factual material from commentary and analysis

 

Provisions of the Subscription Narrowcast Television Code of Practice 2013
BI-628

1/09/2021 and 24/09/2021

Foxtel Cable Television Pty Ltd

Allegation that statements about COVID-19 vaccines and treatments lacked accuracy on two Daystar programs (Joni Table Talk and Ministry Now).
  • 1.2: Accuracy
Provisions of the Community Radio Broadcasting Codes of Practice 2008
BI-642

N/A

Millicent Community Access Radio Inc

Allegations that the licensee is not responding to complaints about factual inaccuracies.
  • Code 7: Complaint handling
Provisions of Part 9D of the BSA
BI-620

12/06/2021

Channel Seven Melbourne Pty Ltd

Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard.
  • Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard
  • Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D
BI-621

11/06/2021

General Television Corporation Pty Ltd

Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D.
  • Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard
  • Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D

BI-643

 

04/06/2021

Channel Seven Brisbane Pty Ltd

Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard.
  • Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard
  • Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D
BI-644

04/06/2021

Channel Seven Brisbane Pty Ltd

Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D.
  • Subsection 130ZZA(4) of Part 9D: Commercial TV broadcaster to comply with the captioning standard
  • Paragraph 7(1)(o) of Schedule 2: licence condition to comply with Part 9D
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