Media, Communications and the Internet The Regulatory Framework by John Corker, Visiting Fellow, UNSW Law School

Nov 2010 Who is regulated? ► Owners and controllers of media and communications organisations  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 ► Broadcasting’s role of disseminating news and information ► Community Standards  On availability and labelling of content  Acceptable social behaviour ► Competition Policy for access to telecommunications services ► Setting standards for consumer protection  Billing/credit management/mobile premium services/access to untimed local calls ► 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) ► 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 ► Interference – integrity of signal ► International Coordination

Nov 2010 What is regulated? ► Media Content  Prohibitions  Labelling  Guidelines  Ethics ► Carriage  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  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 ►O►O►O►One to many (broadcasting) ►O►O►O►One to one (voice telephony) ►P►P►P►Public space/Private space ►C►C►C►Connectivity and Convergence ►T►T►T►The Public Interest ►D►D►D►Degree of Influence ►C►C►C►Creator’s Rights v Fair Use of Ideas

Some Regulators ► ‘State’ regulators  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  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  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

Permitted Classification Categories GPGMMA15+MAV 15+ ## AV # R18+X18+ Film - public exhibition and DVD √√√√√√* Internet Content** √ with a RAS Computer Games √√√√ Commercial TV √√√√√ Excerpts allowed in news and film review programs

Permitted Classification Categories GPGMMA15+MAV 15+R18+X18+ Subscription Broadcasting √√√√ Not unless agreed by Parliament Subscription Narrowcasting √√√√√ with an RAS Open Narrowcasting √√√√ with time restrictions similar to commercial TV √ only if modified to MA15+ ABC TV √√√√ SBS TV √√√√√

Notes ► ► *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. ► ► #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.

Nov 2010 Summary ►D►D►D►Diverse and rapidly changing industries. ►R►R►R►Rationales for traditional approach to regulation are breaking down in a converging environment ►T►T►T►Think of “regulatory networks” that apply to specific media and communications activities, rather than just laws. ►F►F►F►Four major regulatory approaches CCCCivil law rights and remedies DDDDirect Regulation CCCCo - regulation SSSSelf Regulation