Media, Communications
and the Internet
The Regulatory Framework
by
John Corker, Visiting Fellow,
UNSW Law School
Who is regulated?
► Owners
and controllers of media and
communications organisations
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Print Media
Broadcasters
Telecommunication carriers
Telecommunication service providers
Internet service providers
Internet content hosts
► Creators
and Producers of Content
► Individual end-users
Nov 2010
Rationales for regulation
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Broadcasting’s role of disseminating news and information
Community Standards
 On availability and labelling of content
 Acceptable social behaviour
►
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Competition Policy for access to telecommunications
services
Setting standards for consumer protection
 Billing/credit management/mobile premium services/access to
untimed local calls
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Desire to maintain a diversity of views and opinions
Protection of Intellectual Property
Restrictions on Free Speech
Protection of Privacy
Nov 2010
Rationales for regulation (2)
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Scarcity of radiofrequency spectrum
Efficient use of spectrum
Public Policy on minimising installation disruption
Use of spectrum for essential/emergency and/or public
purposes
Safety
 Personal/cabling rules/connect to wall plug
►
Interoperability
 Number portability
 Efficient use of numbers
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Interference – integrity of signal
International Coordination
Nov 2010
What is regulated?
►
Media Content
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Carriage
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Prohibitions
Labelling
Guidelines
Ethics
Who can carry/broadcast/transmit
Access to telecommunications infrastructure and services
Who can install and where
Use of spectrum
Consumer Protection
 Minimum standards for equipment/cables
 Service provider behaviour
Nov 2010
Methods of regulation
► Direct
regulation (laws , regulators,
regulations, standards, licences with
conditions)
► Co-regulation (codes of practice which could
be approved/endorsed by government or
regulator
► Self Regulation (codes of practice endorsed
by industry)
► Through economic and technological means
Nov 2010
Challenges to regulation
►
Changes in Technology
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Growth of personal computers and clever software
Better cheaper production equipment
Optic fibre, satellites, other broadband infrastructure
Digitisation of content and digital transmission
New mobile devices
Growth of use of the Internet
Changes in the method of delivery and distribution
Growth of niche media
Interactivity of media
The ease of publication and distribution by individuals (DIY
media)
Nov 2010
Some key regulatory concepts
► One
to many (broadcasting)
► One to one (voice telephony)
► Public space/Private space
► Connectivity and Convergence
► The Public Interest
► Degree of Influence
► Creator’s Rights v Fair Use of Ideas
Nov 2010
Some Regulators
►
‘State’ regulators
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Australian Communications and Media Authority (ACMA)
Australian Competition and Consumer Commission (ACCC)
Federal Privacy Commissioner
Classification Board
Industry regulators (required by law)
 Telecommunications Industry Ombudsman (TIO)
►
Industry self regulators
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Australian Press Council
Internet Industry Association (IIA)
Communications Alliance Ltd
Australian Association of National Advertisers (AANA)
Free TV Australia
auDA
Nov 2010
Examples of Direct Regulation
► Industry
Regulation
 The Commonwealth has power to make laws with
respect to postal, telegraphic, telephonic and “other like
services”. under s51(v) of the Australian Constitution
1901.
 Broadcasting Services Act 1992 (Cth)
 Telecommunications Act 1997 (Cth)
 Radiocommunications Act 1992 (Cth)
 Trade Practices Act 1974 (Cth)
 Secondary regulation – standards and licence conditions
made by regulators.
Nov 2010
Direct Regulation (cont)
► Classification
of publications
 Offensive publications
 Sedition and racial vilification
► Copyright
laws (civil law)
► Defamation laws (civil law)
► Contempt of Court (criminal law)
► Tobacco Advertising (civil penalties)
Nov 2010
Examples of co-regulation (with
ACMA)
► Commercial
television code of practice
► Commercial radio code of practice
► Communications Alliance codes/billing code
► IIA Content Code of Practice
► IIA Interactive Gambling Code
► IIA Spam Code
► Mobile Premium Services Code
Nov 2010
Examples of Self Regulation
► AANA
Code of ethics includes a code for
advertising for children
► MEAA Code of ethics for journalists
► Advertising Standards Board hears
complaints about advertisements
► Australian Record Industry Association
governs a code of practice for explicit lyrics
► Alcoholic beverages code
Nov 2010
Permitted Classification Categories
Film - public
exhibition and
DVD
G
PG
M
MA15+
√
√
√
Internet
Content**
Computer
Games
MAV 15+ AV
#
##
R18+
X18+
√
√
√*
√
√
with a
RAS
√
√
√
√
Commercial TV √
√
√
√
with
a RAS
√
Excerpts
allowed
in news
and film
review
programs
Permitted Classification Categories
G
PG
M
MA15+
MAV 15+
Subscription
Broadcasting
√
√
√
√
Not unless
agreed by
Parliament
Subscription
Narrowcasting
√
√
√
√
√
Open
Narrowcasting
√
√
√
√
√
√
√
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SBS TV
√
√
√
√
with an
RAS
√
with time
only if
modified to
restrictions
similar to
commercial TV
ABC TV
R18+
MA15+
√
X18+
Notes
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*X18+ - DVDs only available for sale or hire only in the ACT and
Northern Territory
**Internet Content includes any of the following found online:
 Unmodified content of a film
 A computer game
 An electronic publication same as hard copy print publication.
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#AV is Adult Violence a category created by commercial television to
indicate MA15+ material with strong violence.
## MAV15+ is a category created by SBS to indicate MA15+ with
strong violence.
For subscription broadcasting programs classified R18+ , they cannot
be shown until both houses of Parliament have agreed .
Print publications may be classified Unrestricted, Category 1 Restricted
or Category 2 Restricted.
Pre-school (P) and Children’s (C) are classification zones used only by
commercial TV.
Refuse Classification (RC) is a category that applies to all media. E.g.
Computer games exceeding MA15+ will be refused classification.
Summary
► Diverse
and rapidly changing industries.
► Rationales for traditional approach to regulation
are breaking down in a converging environment
► Think of “regulatory networks” that apply to
specific media and communications activities,
rather than just laws.
► Four major regulatory approaches
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Civil law rights and remedies
Direct Regulation
Co - regulation
Self Regulation
Nov 2010