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Broadcasting Services Amendment (Media Ownership) Bill 2002

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2987

REVISED 2

2002-2003

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Broadcasting Services Amendment (Media Ownership) Bill 2002

 

 

(R1)  Schedule 2, page 37 (after line 8), after item 8, insert:

8AA  Before section 150

Insert:

150A  Action by ABA in relation to a broadcasting service where complaint justified

             (1)  If, having investigated a complaint, the ABA is satisfied that:

                     (a)  the complaint was justified; and

                     (b)  the ABA should take action under this section to encourage a provider of a broadcasting service to comply with the relevant code of practice;

the ABA may, by notice in writing given to a provider of a broadcasting service, recommend that it take action to comply with the relevant code of practice and take such other action in relation to the complaint as is specified in the notice.

             (2)  That other action may include broadcasting or otherwise publishing an apology or retraction or providing a right of reply.

             (3)  The ABA must notify the complainant of the results of such an investigation.

150B  ABA may report to Minister on results of recommendation

             (1)  If:

                     (a)  the ABA has made a recommendation to a provider of a broadcasting service under section 150A; and

                     (b)  the provider of a broadcasting service has not, within 30 days after the recommendation was given take action that the ABA considers to be appropriate;

the ABA may give the Minister a written report on the matter.

             (2)  The Minister must cause a copy of the report to be laid before each House of the Parliament within 7 sitting days of that House after the day on which he or she received the report.

[complaints procedure applies to all broadcasters]

(2)     Schedule 2, page 37 (after line 8), after item 8, insert:

8AB  At the end of subsection 152(2)

Add “or providing a right of reply”.

[right of reply]

(R3)  Schedule 2, item 4, page 14 (after line 6), at the end of subsection 61F(2), add:

            ; and (d)  the entities, or parts of the entities, that run those media operations, where those media operations involve a television station and one or more daily newspapers in the same market, have established an editorial board for the news and current affairs operation of the television station which will:

                              (i)  have complete editorial control over the news and current affairs output of the television station, subject only to a right of veto by the entity over any story which is likely to expose the entity to a successful legal action for damages; and

                             (ii)  consist of three members, one appointed by the entity, one elected by the staff of the news and current affairs operation, and an independent chair appointed by agreement between the entity and the Authority; and

                            (iii)  have the power to appoint or dismiss the news editor, who in turn shall have the power to appoint or dismiss all staff of the news and current affairs operation within the budget set by the entity; and

                            (iv)  abide by any commercial objectives set by the entity and approved by the Authority consistent with the objectives of this Act and this section.

[editorial separation]

(4)     Schedule 1, page 3 (line 2) to page 4 (line 10), to be opposed .

[foreign control]

(5)     Schedule 2, page 5 (line 2) to page 38 (line 27), to be opposed .

[cross-media rules]