Legal

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Codes & Complaints


Introduction

All commercial radio stations operate under the authority of licences issued by the Australian Communications and Media Authority (ACMA).  Ownership and use of those licences is subject to a number of different legislative instruments as well as the general law.

This page provides an overview of the industry-specific legislation which regulates programs broadcast by commercial radio stations.  The overriding purpose of this legislation is to ensure that all programs broadcast on commercial radio stations are in accordance with prevailing community standards.


The tiered approach to regulation

A tiered approach is used to regulate commercial radio programs.  Some of this regulation is in the form of licence conditions found in the principal legislation known as the Broadcasting Services Act 1992 (BSA).

Under a co-regulatory scheme established by the BSA, the commercial radio industry has also developed the Commercial Radio Codes of Practice (Codes).  The Codes deal with other subject matter not dealt with by the licence conditions.  The Codes are registered by ACMA and are therefore binding on all commercial radio licensees. See the links to the Codes at the bottom of this page.

ACMA also has residual power, under the BSA, to determine program standards if it is satisfied that the Codes are not operating to provide “appropriate community safeguards” in relation to specific subject matter dealt with in the Codes.  Once issued, program standards operate as licence conditions binding on all commercial radio licensees.


The BSA

The BSA defines a commercial radio broadcasting service as one that:

* provides programs that appear to be intended to appeal to the general public;
* provides programs that can be received by commonly available equipment and are made available free to the general public;
* is usually funded by advertising revenue; and
* is operated for profit or as part of a profit-making enterprise.

All commercial radio broadcasting licences must be operated in accordance with the licence conditions set out in Schedule 2 of the BSA.  A breach of these licence conditions can result in the licensee being ordered pay to fines or the suspension or cancellation of the broadcasting services licence.


The Codes

The Codes were last reviewed and registered by ACMA in June 2010.  This followed a 3 year period of consultation between Commercial Radio Australia and it’s members, the general public and ACMA. An additional Code has nw been registered - Code 9: Live Hosted Entertainment Programs

The Codes deal with, amongst other things, taste and decency, accuracy and fairness in news and current affairs, advertising, Australian music, broadcasts of emergency information and a formal complaints handling process.

For more information on the complaints process under the Codes, please see below.


The Standards

On 21 November 2000, following the Commercial Radio Enquiry, the Australian Broadcasting Authority determined three program standards - see links below.  The program standards are:

* the Broadcasting Services (Commercial Radio Advertising) Standard 2000;
* the Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000; and
* the Broadcasting Services (Commercial Radio Compliance Program) Standard 2000.

 


Complaints process under the Codes

Code 5 of the Codes contains a complaints handling process. A listener who reasonably believes that a commercial radio program has breached the Codes is able to complain to the relevant station.

The complaint cannot be anonymous, must be in writing and must provide enough information to enable the station to investigate the complaint and provide a response.

The reference to ‘in writing’ means a letter or fax. You can also download and use the generic listener complaints template below - see link below.

A station which receives a proper written complaint has a mandatory obligation to respond to that complainant within a set period of time. If the complainant is not satisfied with the station’s response, he or she can refer the complaint to ACMA. Please do not send any complaints to Commercial Radio Australia as they have no role to play in the complaints process.


Commercial Radio Codes of Practice & Guidelines - Sept 2011
- PDF   
Developed by the industry and registered by ACMA in accordance with section 123 of the Broadcasting Services Act

Broadcasting Services (Commercial Radio Advertising) Standard 2000 - PDF  
Requires radio advertisements to be clearly distinguishable from all other programs

Broadcasting Services (Commercial Radio Compliance Program) Standard 2000 - PDF  
Requires each licensee to develop and implement a compliance training program dealing with the BSA, Standards and the Codes  

Broadcasting Services (Commercial Radio Current Affairs Disclosure) Standard 2000 - PDF  
Requires certain disclosures about the sponsorship of current affairs programs and announcers by third parties

Listener Complaint Form - PDF  
Can be used by listeners to make a complaint to a station that a program broadcast by the station breached the Codes


 

LOCAL NEWS

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State plea to Canberra again
22/02/2012

Another plea by Premier Jay Weatherill to the Gillard Government to do everything possible to save the Murray. Mr Weatherill believes its crucial the proposed rescue plan for the Murray-Darling Basin [ ... ]


Wrong place at the wrong time
22/02/2012

A non suspicious grassfire in Highland Valley has seen police make an unexpected find. They were on the property on the 15th of this month when they spoke to a man who lives there. His premises were [ ... ]


Punter’s in - Sport
22/02/2012

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Victor tourism worries
20/02/2012

There’s concern over the absence of the award winning horse drawn tram – and an alternative - to and from Granite Island. Locals say it’ll hurt tourism in Victor Harbor. They’ve criticised the [ ... ]


Hills fatality
20/02/2012

Police are seeking witnesses after a fatal motorcycle crash in the Hills. The middle aged rider’s machine and a car collided on Lobethal Road near Forest Range on Saturday. Meanwhile, a P-plater w [ ... ]


School canteen changes
20/02/2012

Some public schools are being forced to outsource canteen services because of a junk food ban and a lack of volunteers. A report this morning says 11 of the state's public schools have already done so [ ... ]


River Murray warning
20/02/2012

A warning that River Murray water used for drinking and irrigation will become increasingly salty under the proposed Murray-Darling Basin Plan. The Wentworth Group of scientists has made the predicti [ ... ]


Youth Parliament
20/02/2012

And less than a week to go until applications close for the YMCA Youth Parliament. The key message is: ‘make a difference and get involved as it’s a difference to make a difference in our communit [ ... ]


Attention shack owners
16/02/2012

The Local Government Association is seeking feedback to an Opposition bill which it says will greatly assist shack owners. Already Alexandrina Council is behind Liberal MLC Michelle Lensink’s priva [ ... ]


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AFL: Preview: Saints, Swans, Cats
23/02/2012

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23/02/2012

Injured Australian all-rounder Mitch Marsh feels he may have to limit his bowling load when he returns from a back injury expected to rule him out for the next six months....


Cricket: Warriors 151 all out
23/02/2012

Mitchell Starc has ripped through Western Australia's batting line-up, taking four wickets for New South Wales to help bowl out the Warriors for just 151 in Wednesday's Ryobi One-Day Cup game at the W [ ... ]


Basketball: Irving rallies Cavs
23/02/2012

Cleveland's rookie guard Kyrie Irving scored two last-second free-throws to clinch a 101-100 win over Detroit in the NBA on Tuesday (local time)....


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23/02/2012

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Tennis: Dulgheru, Dulko make exits
23/02/2012

Romanian Alexandra Dulgheru was a surprise loser to Silvia Soler-Espinosa at the Monterrey Open in Mexico on Tuesday (local time)....


COMMUNITY

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18/02/2012

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RADIO CLASSIFIEDS ‘SMS’ ITEMS – 11/2/12
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NAME SUBURB B/S SMS ITEMS (11/2/12) PHONE NO. Colleen Strathalbyn S New ink cartridges to suit Canon Pixma MP970. 5 colours + 2 large black. Worth around $180. Sell $120. Also give away f [ ... ]


Impounded Dogs – 6/2/12 to 8/2/12
08/02/2012

Council currently have several dogs impounded: Female, White & black coloured American Staffordshire Bull Terrier (found on Cawte Street, Murray Bridge). Female, Tan & Black coloured Rhodesian Ridgeb [ ... ]


Impounded Dogs – 6/2/12 to 9/2/12
08/02/2012

Council currently have several dogs impounded: Female, White & black coloured American Staffordshire Bull Terrier (found on Cawte Street, Murray Bridge). Female, Tan & Black coloured Rhodesian Ridge [ ... ]


LOST & FOUND – 6/2/12
06/02/2012

LOST DOG (Reported 6/2/12) DESCRIPTION: Female desexed (Kelpie Cross looking dog – size of a Jack Russell) black all over with with white on belly. Wearing disk ‘Tiny Pup’ with phone  [ ... ]


LOST & FOUND – 6/2/12
06/02/2012

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LOCAL EVENTS

5MU 70’s Street Party
16/02/2012

The much anticipated 5MU prize draw for the winning 70’s Street Party address will be announced next Tuesday with Sundo and Barry Martin at 8.45am – and again in Afternoon Delight. Good luck!


TINTINARA WATER SECURITY FORUM – 29/2/12
13/02/2012

A Free Water Security Forum will be held on Wednesday the 29th of February at the Tintinara Hall, Becker Terrace, Tintinara. The day begins at 9am with registration available from 8:30am and include [ ... ]


SOUTHERN FLEURIEU CANCER SUPPORT GROUP ‘BOTTLES & CANS WANTED’
13/02/2012

During the month of February the Southern Fleurieu Cancer Support Group are collecting bottles and cans. Money raised will be used to purchase a small car to taxi Cancer patients to their appointment [ ... ]


RELAY FOR LIFE ‘GARAGE SALE’ – 26/2/12
13/02/2012

Relay for Life are having a ‘Garage Sale’ on Saturday the 25th and Sunday the 26th February at 6 Bayview Road, Port Elliot. Sale begins at 8:30am and all proceeds will be donated to The Cancer C [ ... ]


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COUNCIL NEWS

Let us entertain you at Murray Bridge Town Hall
27/01/2012

Due to numerous requests from residents who would like to see affordable daytime performances in the Murray Bridge Town Hall, the Rural City of Murray Bridge is pleased to announce that a series of mo [ ... ]


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09/01/2012

    Over recent years, the State Government through the Department of Planning, Transport and Infrastructure has been working with the Rural City of Murray Bridge on the future ownership and man [ ... ]


SUNDO'S BIG BREAKFAST

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      AUDIO

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      HEALTH & WELLBEING

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      CELEBRITY

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