2010-2011-2012

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

 

 

 

THE SENATE

 

 

 

 

 

 

 

 

 

SPECIAL BROADCASTING SERVICE AMENDMENT (NATURAL PROGRAM BREAKS AND DISRUPTIVE ADVERTISING) BILL 2012

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of Senator Scott Ludlam, Australian Greens Senator for Western Australia)

SPECIAL BROADCASTING SERVICE AMENDMENT (NATURAL PROGRAM BREAKS AND DISRUPTIVE ADVERTISING) BILL 2012

 

 

 

OUTLINE

 

The Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012 amends the Special Broadcasting Service Act 1991 to phase out advertising within television programs.

 

 

SCHEDULE 1

 

Under Schedule 1, from 1 January 2013 to 31 December 2015, the SBS will only be able to broadcast advertisements and sponsorship announcements under subsection 45(2) of the SBS Act during periods before programs commence, after programs end or during “natural program breaks” within the meaning of the new definition of that expression that is proposed to be inserted by Schedule 1.

 

From that date, SBS won’t be able to have “forced” in-program breaks. This is intended to bring current practice at the station back in line with the intentions of Parliament when the Special Broadcasting Service Act 1991 was originally debated.

 

 

SCHEDULE 2

 

Under Schedule 2, from 1 January 2014 to 31 December 2015:

 

1.       Under proposed s 45A to be inserted by that Schedule, there will be a limit on the number of “natural program breaks” (within the meaning of the new definition of that expression proposed to be inserted by Schedule 1) in which advertisements and other non-program material may be broadcast. SBS will be limited to one such natural program break per program. This won’t apply to sporting event broadcasts.

2.       Under proposed s 45B to be inserted by that Schedule, if SBS chooses not to broadcast advertisements during natural program breaks (within the meaning of the new definition of that expression proposed to be inserted by Schedule 1) in television programs screened between 6pm and 2am each day, SBS is entitled to payments in accordance with the regulations. This won’t apply in relation to natural program breaks in sporting event broadcasts.

 

SCHEDULE 3

Under Schedule 3, under the proposed s 45A to be inserted by that Schedule that will apply from 1 January 2016, there cannot be any breaks in programs other than sporting event broadcasts. This means that SBS will be prevented (under subsection 45(2) of the SBS Act) from broadcasting advertisements and sponsorship announcements during a program (except in sporting event broadcasts) because there will be no “natural program breaks” (within the meaning of the new definition of that expression proposed to be inserted by Schedule 1).

 

 

 

FINANCIAL IMPACT STATEMENT

 

Nil.

 

Human rights implications

This Bill/Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Bill/Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive Advertising) Bill 2012

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

Inasmuch as the increasing saturation of public space with intrusive commercial messages could be construed as infringing on human rights, the measures contained in this bill will act to reduce or ameliorate these infringements.