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Action on content complaints and investigations: January to March 2023

Accessed broadcast matters We completed 25 assessments
Commenced investigations Our assessments led to 5 investigations
Finalised invetigations We finalised 5 investigations
Breach finding There were 4 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 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 look at all complaints that allege a breach of:

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

 

Assessment decisions

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Assessment decisions by sector

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Investigations finalised

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Investigations finalised by sector

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Average time taken to finalise closed investigations, as at 31 March 2023

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Finalised investigations

The table below shows finalised broadcasting investigations and the relevant provisions. Breaches found during this period are shown in bold. We have 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-649

21/03/2022

TCN Channel Nine Pty Ltd

Allegation that a report breached the privacy of a person involved in a neighbour dispute.

  • 3.5.1: privacy
Provisions of the ABC Codes of Practice 2023

BI-650

16/04/2022

Australian Broadcasting Corporation 

Allegation that a news report presented factual content in a way that was misleading
  • 2.2: accuracy
Provisions of the Community Radio Broadcasting Codes of Practice 2008 and provisions of Schedule 2 to the BSA

BI-575

N/A

Noosa District Community FM Radio Community Association Inc (4NSA)

Allegations that a community broadcaster did not represent the community interest, encourage participation, or respond to complaints.
  • 9(2)(b): Represent the community interest
  • 9(2)(c)(i): Encourage participation in operations
  • 9(2)(c)(ii): Encourage participation in selection and provision of programs
  • 2.1: Community participation policy
  • 2.5: Oppose and breakdown prejudice
  • 4.1: Seek to involve and take advice from Indigenous Australians.
  • 7.2 Complaint handling
  • 7.3 Complaint handling 

BI-653

N/A

2 HHH FM Ltd

Allegations that a community broadcaster did not comply with licence conditions about advertising, sponsorship announcements, and participation in operations.
  • 9(1)(b): prohibition on advertising
  • 9(3)(b): time limit on sponsorship announcements
  • 9(2)(c)(i) Encourage participation in operations
Provisions of the Broadcasting Services (Online Content Service Provider Rules) 2018

BI-652

22/05/2022

Streamotion Pty Ltd

Allegations that gambling advertisements were streamed in an AFL game prior to 8.30pm. 
  • 12: gambling promotional content during live sport 
  • 21(1): record keeping
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