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

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

2 LAWS 2222 - January 2009 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

3 LAWS 2222 - January 2009 Traditional 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 ► Scarcity of radiofrequency spectrum ► Setting standards for consumer protection ► Desire to maintain a diversity of views and opinions ► Protection of Intellectual Property ► Restrictions on Free Speech ► Protection of Privacy

4 LAWS 2222 - January 2009 What is regulated? ► Media Content  Prohibitions  Labelling  Guidelines  Ethics ► Carriage  Who can carry/broadcast/transmit  Access to telecommunications infrastructure and services ► Consumer Protection  Minimum standards for equipment  Service provider behaviour

5 LAWS 2222 - January 2009 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

6 LAWS 2222 - January 2009 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 ► Liberalisation of telco markets ► Infrastructure monopolies ► Changes in the method of delivery ► Growth of niche media ► Interactivity of media ► The ease of publication and distribution by individuals (DIY media)

7 LAWS 2222 - January 2009 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 ►C►C►C►Convergence ►T►T►T►The Public Interest ►D►D►D►Degree of Influence ►C►C►C►Creator’s Rights v Fair Use of Ideas

8 Some Regulators ► ‘State’ regulators  Australian Communications and Media Authority (ACMA)  Australian Competition and Consumer Commission (ACCC)  Federal Privacy Commissioner  The 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

9 LAWS 2222 - January 2009 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 – e.g. ‘cash for comment’ licence conditions on radio 2UE and standards which applies to all commercial radio broadcasters

10 LAWS 2222 - January 2009 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)

11 LAWS 2222 - January 2009 Examples of co-regulation (with ACMA) ► Commercial television code of practice ► Commercial radio code of practice ► Australian Communications Industry Forum consumer codes/billing code ► IIA Content Code of Practice ► IIA Interactive Gambling Code ► IIA Spam Code

12 LAWS 2222 - January 2009 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

13 LAWS 2222 - January 2009 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 SSSState regulation CCCCo-Regulation SSSSelf` regulation

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