Senator BOB BROWN (Leader of the Australian Greens) (2:49 PM) —My question is to the Minister for Communications, Information Technology and the Arts. Is Senator Coonan aware of the decision by Commercials Advice Ltd—otherwise called CAD—on Thursday to allow an ad featuring Tim Flannery, the eminent Adelaide scientist, for the SolarShop in Adelaide, in which he said, ‘Climate change is the greatest threat facing humanity today’? Is the minister aware that the decision to allow the ad to go ahead was reversed on Friday because CAD said it was problematic? Can the minister say what the government’s view is of opinion being censored in advertisements on Australian television, particularly when it comes from such an eminent person as Dr Flannery? Is the minister aware of commercial considerations infesting decisions about private TV ads? Is there a market for what can and cannot be said by such an authority?

The PRESIDENT —That is a very long question.

Senator COONAN (Minister for Communications, Information Technology and the Arts) —Thank you to Senator Brown for the question. I am aware of the article that appeared in Adelaide’s Sunday Mail—and it may have been in the Herald Sun also—which featured a claim that an advertisement featuring Dr Tim Flannery was censored by Commercials Advice Ltd, which is a division of Free TV Australia. It is alleged in the article that Dr Flannery opened a commercial for solar panels by saying, ‘Climate change is the greatest threat facing humanity today.’ As the senator may be aware, Commercials Advice Ltd reviews all commercials broadcast on commercial free-to-air television and ensures that the advertisements adhere to applicable legislation, including the Trade Practices Act, where statements are not permitted to be made that are false and misleading or likely to mislead and deceive.

I have sought the advice of Free TV Australia on this matter. At the time that my advice was sought, Free TV had stated that the SolarShop commercials had not been rejected. As you quite rightly say, Senator Brown, there has been a subsequent decision. Commercials Advice had at the time sought clarification from SolarShop on a number of issues to ensure that such statements would not be false, misleading or deceptive. Free TV has stated that discussions with SolarShop continued and in fact were successful. Clearance of the advertisement was then given. I think that comprehensively deals with your question.

Senator BOB BROWN —Mr President, I ask a supplementary question. I ask about the outrageous attempt at censorship by CAD last Friday. Is the minister aware that the Prime Minister of Britain, Mr Tony Blair, who is visiting here at the invitation of Prime Minister Howard, has said that climate change is a greater threat to humanity than terrorism? Will the minister review the ability of CAD to censor advertisements which contain opinion from anybody? Is it not true that if opinion is to be censored in advertisements we will end up with ad-free TV in Australia?

Senator Abetz interjecting—

Senator COONAN (Minister for Communications, Information Technology and the Arts) —I can only really—

Senator Bob Brown —Mr President, on a point of order: Senator Abetz’s interjection about the Holocaust is entirely distasteful to me. I know he will not withdraw it, but I think he should think about it again.

The PRESIDENT —I am sorry, I did not hear the interjection. Senator Abetz, if you did make an improper—

Senator Abetz interjecting—

The PRESIDENT —Order, Senator! If you did make an improper allegation, I ask you to withdraw it.

Senator Abetz —Mr President, in response to Senator Bob Brown’s assertion that any opinion should be allowed in advertisements, I asked, across the chamber to him: would he allow Holocaust naysayers to have their opinions broadcast as well? Of course, that is where he comes undone.

The PRESIDENT —Interjections across the chamber are disorderly anyway and I ask senators to be more mindful of their interjections.

Senator COONAN —I will repeat that it is incorrect to state that Commercials Advice had rejected commercials submitted for approval. Commercials Advice, as Senator Bob Brown probably knows, reviews all commercials broadcast on commercial free-to-air and it reviews them for statements of fact. All statements of fact in a commercial must be either substantiated or amended as necessary so that the factual claim is not open to question. As Senator Bob Brown would know, it is not for reasons of censorship but for reasons of law that statements must not be false, misleading or deceptive and in contravention of the Trade Practices Act. In this case, Commercials Advice did seek further advice in relation to two of their commercials as a routine procedure that many advertisements go through before receiving approval from Commercials Advice.