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Parliamentary Proceedings Broadcasting Amendment Bill 2013

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2013

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

SENATE

 

 

PARLIAMENTARY PROCEEDINGS BROADCASTING AMENDMENT BILL 2013

 

 

 

EXPLANATORY MEMORANDUM

 

 

(Circulated by the authority of Senator N Xenophon)



 

PARLIAMENTARY PROCEEDINGS BROADCASTING AMENDMENT BILL 2013

 

Background

The purpose of this Bill is to prevent the Joint Committee on the Broadcasting of Parliamentary Proceedings from making a condition prohibiting the use of Parliamentary footage for the purposes of satire or ridicule.

 

Under the Parliamentary Proceedings Broadcasting Act 1946 , the Joint Committee on the Broadcasting of Parliamentary Proceedings may determine the conditions under which Parliamentary proceedings can be re-broadcast. To date, the conditions made by the Committee have prevented the use of excerpts of proceedings from being used for the purposes of satire or ridicule. The conditions were last revised in 1994.

 

The new requirement included in this Bill does not prevent the Joint Committee from determining conditions that apply to all re-broadcasting of Parliamentary procedures and which cover requirements such as context, fairness and accuracy.

 

 

1.       Short title

This clause is a formal provision and specifies that the short title of the Bill, once enacted, may be cited as the Parliamentary Proceedings Broadcasting Amendment Act 2013.

 

2.       Commencement

This clause provides for the commencement of the Act on the day after the Act receives Royal Assent.

 

3.       Schedules

This clause states that each Act specified within a Schedule to this Bill is amended or repealed as set out by the provisions of the Bill.

 

4.       Schedule 1

This Schedule amends section 14 of the Parliamentary Proceedings Broadcasting Act 1946 , which allows the Joint Committee to determine conditions under which Parliamentary proceedings can be re-broadcast. This section specifically prohibits re-broadcasting of proceedings if these conditions are not met.

 

The Bill inserts a new subsection into section 14, which prohibits the Joint Committee from determining a condition that would prevent the re-broadcasting of Parliamentary proceedings for the purposes of satire or ridicule.



 

Statement of Compatibility with Human Rights

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

 

Parliamentary Proceedings Broadcasting Amendment Bill 2013

 

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 .

 

 

Overview of the Bill/Legislative Instrument

The Bill amends the Parliamentary Proceedings Broadcasting Act 1946 to prevent the Joint Committee on the Broadcasting of Parliamentary Proceedings from making a condition prohibiting the use of Parliamentary footage for the purposes of satire or ridicule .

 

Human rights implications

This Bill engages the right to freedom of opinion and expression as set out in articles 19 and 20 of the International Covenant on Civil and Political Rights (ICCPR).

 

The Bill seeks to expand this right as it allows Parliamentary proceedings to be re-broadcast in a wider range of circumstances. Specifically, it allows re-broadcasting for the purposes of satire or ridicule, and so allows for a greater freedom of expression and opinion in those circumstances.

 

 

Conclusion

The Bill is compatible with human rights as it seeks to enforce the rights of freedom of opinion and expression through facilitating access to footage of Parliamentary proceedings.