A new Commercial Television Industry Code of Practice (Code) took effect on 1 December 2015, replacing the previous code registered in 2009.

The Code was developed by Free TV Australia, the industry group representing commercial free-to-air broadcasters, in consultation with the public, and is registered with the Australian Communications and Media Authority (ACMA).

The Code can be viewed in full here.

Key areas of the Code

The Code regulates the following key areas of commercial television broadcasting:

  • classification, classification zones and proscribed material;
  • news and current affairs;
  • disclosure of commercial arrangements;
  • time limits on non-program matter;
  • scheduling/placement of commercials and other non-program matter; and
  • complaints handling.

Reasons for renewal of the Code

The Code was updated to increase simplicity and to provide a renewed focus on key safeguards in the provision of television content, with a particular focus on accuracy, privacy, vilification/ discrimination and classification.

The ACMA considers that the Code more accurately reflects the contemporary media environment. In particular, the Chairman of the ACMA, Chris Chapman, has stated that:

[t]he new code reflects the reality that television is operating in a new, digital era in which content can be viewed from a wide variety of sources and on a wide variety of platforms. The digital era has brought many challenges for broadcasters, and there were aspects of the previous code which made it difficult for them to respond and innovate. The digital era has also brought challenges for viewers, and the new code is designed to assist them to better manage their own viewing in an environment in which responsibility will be increasingly shared between government, industry and, importantly, viewers (citizens). We have worked with Free TV to ensure the code was well adapted for this new environment while retaining core viewer safeguards.

What does this mean for commercial television broadcasters?

The Code will continue to operate alongside the Broadcasting Services Act 1992 (Cth), other ACMA Standards and regulatory requirements.

Commercial television broadcasters and other relevant parties should ensure that they are aware of and in compliance with the new and continuing obligations set out in the Code, which can be briefly summarised as follows:

  • Classification and proscribed material

Most material broadcast on television must be classified and scheduled in accordance with specified classification zones.

A key difference between the Code and its predecessor is that there has been a move to less restrictive time zones, with the changes permitting PG programming all day and earlier M and MA15+ time zones.

The aim of these amendments is to provide increased programming flexibility for television broadcasters, while incorporating a range of protections to limit the exposure of children to potentially unsuitable materials, including specific rules for content after 7.30 pm and advertising placement restrictions, which are dealt with in section 2 of the Code.

  • News and current affairs

Broadcasters must present factual matters accurately and must not misrepresent viewpoints. News must also be fair and impartial, although current affair programs are not required to be impartial and may take a particular stance on issues.

  • Disclosure of commercial arrangements

A factual program that endorses or features products or services as part of a commercial arrangement must disclose that fact. Disclosure can be made in-program, in credits, on the program's website, or in some other way that adequately alerts viewers to the arrangement.

  • Advertising time limits and restrictions

The Code makes no changes to advertising time limits, but continues to limit the amount of commercial and promotional matter that can be scheduled in any hour, with lower overall limits applying between 6pm and midnight.

The Code also continues to apply restrictions on advertising of products and services of particular community concern or sensitivity, including: alcohol; betting and gambling; adult services; and X18+/R18+ rated films or video games.

This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.