1. Media, Communications and the Internet The Regulatory Framework by John Corker

2. GENL0230 - Summer 2007 Who is regulated? Owners and controllers of media and communications organisations Owners and controllers of media and communications organisations Print Media Print Media Broadcasters Broadcasters Telecommunication carriers Telecommunication carriers Telecommunication service providers Telecommunication service providers Internet service providers Internet service providers Internet content hosts Internet content hosts Creators and Producers of Content Creators and Producers of Content Individual end-users Individual end-users

3. GENL0230 - Summer 2007 Rationales for regulation Broadcastings role of disseminating news and information Broadcastings role of disseminating news and information Community Standards Community Standards On availability and labelling of content On availability and labelling of content Acceptable social behaviour Acceptable social behaviour Competition Policy for access to telecommunications services Competition Policy for access to telecommunications services Scarcity of radiofrequency spectrum Scarcity of radiofrequency spectrum Setting standards for consumer protection Setting standards for consumer protection Desire to maintain a diversity of views and opinions Desire to maintain a diversity of views and opinions Protection of Intellectual Property Protection of Intellectual Property Restrictions on Free Speech Restrictions on Free Speech Protection of Privacy Protection of Privacy

4. GENL0230 - Summer 2007 What is regulated? Media Content Media Content Prohibitions Prohibitions Labelling Labelling Guidelines Guidelines Ethics Ethics Carriage Carriage Who can carry/broadcast/transmit Who can carry/broadcast/transmit Access to telecommunications infrastructure and services Access to telecommunications infrastructure and services Consumer Protection Consumer Protection Minimum standards for equipment Minimum standards for equipment Service provider behaviour Service provider behaviour

5. GENL0230 - Summer 2007 Methods of regulation Direct regulation (laws, regulators, regulations, standards, licences with conditions) Direct regulation (laws, regulators, regulations, standards, licences with conditions) Co-regulation (codes of practice which could be approved/endorsed by government or regulator Co-regulation (codes of practice which could be approved/endorsed by government or regulator Self Regulation (codes of practice endorsed by industry) Self Regulation (codes of practice endorsed by industry) Through economic and technological means Through economic and technological means

6. GENL0230 - Summer 2007 Challenges to regulation Changes in Technology Changes in Technology Growth of personal computers and clever software Growth of personal computers and clever software Better cheaper production equipment Better cheaper production equipment Optic fibre, satellites, other broadband infrastructure Optic fibre, satellites, other broadband infrastructure Digitisation of content and digital transmission Digitisation of content and digital transmission New mobile devices New mobile devices Growth of use of the Internet Growth of use of the Internet Liberalisation of telco markets Liberalisation of telco markets Infrastructure monopolies Infrastructure monopolies Changes in the method of delivery Changes in the method of delivery Growth of niche media Growth of niche media Interactivity of media Interactivity of media The ease of publication and distribution by individuals (DIY media) The ease of publication and distribution by individuals (DIY media)

7. GENL0230 - Summer 2007 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 Creators Rights v Fair Use of Ideas

8. Some Regulators State regulators State regulators Australian Communications and Media Authority (ACMA) Australian Communications and Media Authority (ACMA) Australian Competition and Consumer Commission (ACCC) Australian Competition and Consumer Commission (ACCC) Federal Privacy Commissioner Federal Privacy Commissioner Office of Film and Literature Classification (OFLC) (now DCITA) Office of Film and Literature Classification (OFLC) (now DCITA) Industry regulators (required by law) Industry regulators (required by law) Telecommunications Industry Ombudsman (TIO) Telecommunications Industry Ombudsman (TIO) Industry self regulators Industry self regulators Australian Press Council Australian Press Council Internet Industry Association (IIA) Internet Industry Association (IIA) Communications Alliance Ltd Communications Alliance Ltd Australian Association of National Advertisers (AANA) Australian Association of National Advertisers (AANA) Free TV Australia Free TV Australia auDA auDA

9. GENL0230 - Summer 2007 Examples of Direct Regulation Industry 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. 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) Broadcasting Services Act 1992 (Cth) Telecommunications Act 1997 (Cth) Telecommunications Act 1997 (Cth) Radiocommunications Act 1992 (Cth) Radiocommunications Act 1992 (Cth) Trade Practices Act 1974 (Cth) Trade Practices Act 1974 (Cth) Secondary regulation – e.g. cash for comment licence conditions on radio 2UE and standards which applies to all commercial radio broadcasters Secondary regulation – e.g. cash for comment licence conditions on radio 2UE and standards which applies to all commercial radio broadcasters

10. GENL0230 - Summer 2007 Direct Regulation (cont) Classification of publications Classification of publications Offensive publications Offensive publications Sedition and racial vilification Sedition and racial vilification Copyright laws (civil law) Copyright laws (civil law) Defamation laws (civil law) Defamation laws (civil law) Contempt of Court (criminal law) Contempt of Court (criminal law) Tobacco Advertising (civil penalties) Tobacco Advertising (civil penalties)

11. GENL0230 - Summer 2007 Examples of co-regulation (with ACMA) Commercial television code of practice Commercial television code of practice Commercial radio code of practice Commercial radio code of practice Australian Communications Industry Forum consumer codes/billing code Australian Communications Industry Forum consumer codes/billing code IIA Content Code of Practice IIA Content Code of Practice IIA Interactive Gambling Code IIA Interactive Gambling Code IIA Spam Code IIA Spam Code

12. GENL0230 - Summer 2007 Examples of Self Regulation AANA Code of ethics includes a code for advertising for children AANA Code of ethics includes a code for advertising for children MEAA Code of ethics for journalists MEAA Code of ethics for journalists Advertising Standards Board hears complaints about advertisements Advertising Standards Board hears complaints about advertisements Australian Record Industry Association governs a code of practice for explicit lyrics Australian Record Industry Association governs a code of practice for explicit lyrics Alcoholic beverages code Alcoholic beverages code

13. GENL0230 - Summer 2007 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 Civil law rights and remedies State regulation Co-Regulation Self` regulation