Convergence Review
ASTRA submissions to the Convergence Review:
• Submission on Draft Terms of Reference January 2011
• Submission on the Convergence Review Framing Paper June 2011
• Submission on the Convergence Review Emerging Issues Paper August 2011
• Final Submission to the Convergence Review, including supporting report from Deloitte Access Economics November 2011
For further details see ASTRA’s Convergence Review page
Live betting odds in sports broadcasts
On 27 May 2011 The Government announced that it “will work with the sporting and betting industries to reduce and control the promotion of live odds during sports coverage through amendments to their existing industry codes”. Racing broadcasts will be exempt from the new restrictions. The broadcasting industry will be required to introduce self-regulatory measures by June 2012 to address this issue. The media release is available here
The Government is also undertaking a review of the Interactive Gambling Act 2001. ASTRA made a submission to this review, and is in continuing discussion with the DBCDE on this issue
Anti-Siphoning
20 August 2009: the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced the release of a discussion paper ‘Sport on Television: A Review of the Anti-siphoning Scheme in the Contemporary Digital Environment’.
ASTRA provided a submission in October 2009 which can be viewed here.
26 November 2010: the Minister announced reforms to the anti-siphoning list. Links to the details are available below.
• The Minister’s announcement
• Details of the new anti-siphoning list
• ASTRA’s position on anti-siphoning
• ASTRA’s response to the announcement
21 December 2010: The Minister made the Broadcasting Services (Events) Notice (No.1) 2010, coming into effect on 23 December 2010. The Notice introduces a new interim anti-siphoning list to replace the previous list due to expire at the end of 2010.
Next Steps: Cabinet has required the Minister to develop a legally binding mechanism to ensure that ‘blockbuster’ AFL and NRL games are televised on free-to-air channels.
The implementation of the Government’s proposed reforms will require amendments to the Broadcasting Services Act 1992. The new anti-siphoning list is expected to come into force once the amendments have been passed. The Government is currently consulting with industry stakeholders, including ASTRA, regarding the detail of the proposed anti-siphoning legislation. Legislation is expected to be introduced early in 2012.
See ASTRA's webpage on Anti-siphoning for more information.
Media Access Review/Captioning
April 2008: The Department of Broadband, Communications and the Digital Economy released a discussion paper in relation to access to electronic media by the hearing and vision impaired.
November 2009: DBCDE released a Discussion Report outlining possible approaches to improve audio description and caption levels in Australia. ASTRA provided a submission to the review 29 January 2010 which can be viewed here.
3 December 2010: The Minister for Broadband, Communications and the Digital Economy tabled the Media Access Review final report ’Access to Electronic Media for the Hearing and Vision-Impaired‘. The final report contains 22 recommendations to improve audio description and caption levels in Australia on free-to-air and subscription television, film in cinemas, DVDs and audiovisual content on the internet, including that broadcasting legislation be amended to include captioning levels for subscription television, and requirements for minimum standards for captioning quality. Further information on the Media Access Review can be found on the DBCDE website.
ASTRA is currently in consultations with the Government regarding proposed captioning legislation, and is involved in consultations with the ACMA regarding captioning quality guidelines.
Legislation to implement new captioning requirements is expected to be introduced into Parliament early in 2012.
22 February 2012: The Minister announced a trial of audio description technology by the ABC would commence by the middle of 2012. Further information can be found on the DBCDE website.
See ASTRA's webpage on Captioning for more information.
Australian Law Reform Commission National Classification Scheme Review
On 29 February, the Australian Law Reform Commission (ALRC) released the Final Report of its review of classification in Australia.
Further information is available on the ALRC Website.
Information on the National Classification Scheme is available on the Australian Government’s Classification website
ASTRA submissions:
See ASTRA's webpage on Classification for more detail on classification of content.
Privacy
Broadcaster Privacy Guidelines
In August 2011he ACMA announced a review of the privacy guidelines for broadcasters. The Guidelines were made by the ACMA in August 2005 to assist broadcasters to better understand their obligations relating to privacy as set out in the various broadcasting industry codes of practice. This is the first review of the guidelines since their commencement. Further information on the ACMA website
ASTRA made a submission to this review in October 2011.
On 23 December 2011 the ACMA released new privacy guidelines for broadcasters, which include additional guidance for broadcasters on how the broadcasting codes protect the privacy of Australians, whether or not in a public place. The guidelines also deal with consent, children, public figures, material in the public domain and public interest. Further information on the ACMA website.
Privacy cause of action
In September 2011 the Minister for Privacy and Freedom of Information, Brendan O’Connor, released an Issues Paper discussing the Australian Law Reform Commission’s (ALRC) proposal for legislation to allow Australians to take civil legal action if their privacy has been seriously invaded. Further information is available on the website of the Department of Prime Minister and Cabinet.
ASTRA made a submission to the issues paper in November 2011.
Digital Dividend and future use of broadcast spectrum
Size and location of the digital dividend
In January 2010 the Government released its Digital Dividend Green Paper in relation to spectrum freed up as the result of the transition between analog and digital television. Further information can be found here.
ASTRA provided a submission to the Department of Broadband, Communications and the Digital Economy on 26 February 2010 which can be viewed here.
In June 2010 the Minister for Broadband, Communications and the Digital Economy, Senator Stephen Conroy, announced that the Government will release 126MHz of spectrum as a digital dividend. The digital dividend will be released as a contiguous block of spectrum in the upper ultra-high frequency (UHF) band, comprising the frequency range 694 to 820 MHz inclusive.
In July 2010 the Minister made the Australian Communications and Media Authority (Realising the Digital Dividend) Direction 2010, providing policy direction to the Australian Communications and Media Authority (ACMA) in relation to the re-planning (“re-stacking”) of digital television channels to clear digital dividend spectrum.
Digital Channel re-stack
In March 2011 the ACMA released “Clearing the Digital Dividend”, a discussion paper focusing on the process of clearing free to air digital TV services from the digital dividend spectrum, commonly known as ‘restack’. It sets out the proposed objectives and planning principles that will govern the preparation of channel plans for the restack, and is seeking input from the broadcasting industry and other interested stakeholders. ASTRA made a submission in response to the discussion paper, available here. Further information is available on the ACMA website
On 26 May 2011, the Broadcasting Legislation Amendment (Digital Dividend and Other Measures) BillAct 2011 came into effect. The BillAct would amends broadcasting legislation to provide the ACMA with wider planning and enforcement powers to undertake the planning and stacking of digital television channels needed to achieve the digital dividend.
Future use of broadcast spectrum
In October 2010 the Australian Communications and Media Authority released a discussion paper ‘Spectrum reallocation in the 700MHz digital dividend band’ which can be viewed here. ASTRA made a submission in response to the discussion paper, available here.
In May 2011 the ACMA released discussion papers regarding the reallocation of digital dividend spectrum and future spectrum for mobile broadband use.
- Draft Reallocation Recommendations in the 700 MHz (694-820 MHz) and 2.5 GHz (2500-2570 and 2620-2690 MHz) bands – available here
- Designation of the 2.5 GHz mid-band gap for spectrum licensing – The 2.5 GHz band is currently used by broadcasters for electronic new gathering purposes. This paper seeks comment on proposed future arrangements for the 2.5GHz band that are to be included in the recommendation by the ACMA to the Minister regarding the reallocation of digital dividend spectrum. Further information is available here
4 July 2011: ASTRA made a submission to the ACMA Towards 2020: Future Spectrum Requirements for Mobile Broadband, available here. Read the ACMA discussion paper at www.acma.gov.au
15 July 2011: ASTRA made a submission to the designation of the 2.5GHz mid-band gap discussion paper, available here.
1 November 2011: The Minister for Broadband, Communications and the Digital Economy The Minister for Broadband, Communications and the Digital Economy has made spectrum re-allocation declarations for the digital dividend spectrum in the 700 MHz and 2.5 GHz bands. A spectrum re-allocation declaration under section 153B of the Radiocommunications Act 1992 is a statutory requirement as part of the process to auction digital dividend spectrum. The declarations are available here:
• Radiocommunications (Spectrum Re-allocation) Declaration No. 1 of 2011
• Radiocommunications (Spectrum Re-allocation) Declaration No. 2 of 2011
In November 2011 ASTRA made a “submission” to the ACMA draft frequency band plan for television outside broadcast spectrum. Further information is available on the ACMA website.
On 5 December 2011 the Broadcasting Services Amendment (Review of Future Uses of Broadcasting Services Bands Spectrum) Act 2011 came into effect, amending the Broadcasting Services Act 1992 to defer until 1 January 2013 the statutory review (under section 35A of the BSA) of whether to allocate one or more additional commercial television broadcasting licences, and to broaden the scope of the review to take into account alternative uses of broadcasting services bands spectrum. Further information on the Act is available here.
Satellite Earth Stations
21 October 2011: ASTRA made a submission to the ACMA Satellite Earth Stations sitings discussion paper. Further information is available on the ACMA website
24 November 2011: ASTRA made a submission to the ACMA Licensing for Earth Receive Stations Consultation Paper. Further information is available on the ACMA website