ACMA releases position paper for professional content providers

On July 07, 2022 Policy and Regulation

The ACMA last week released a position paper for professional content, “What audiences want – audience expectations for content safeguards”. 

The paper, released alongside research, “Trends and developments in viewing and listening 2020-21”, sets out ACMA’s views on what audiences expect of, and the safeguards that apply to, ‘professional content’ provided by ‘content providers’ (regardless of the platform).

It notes that, while 9 codes of practice apply to different parts of the broadcasting sector, they do not apply to online content, and a key recommendation of the ACCC’s DPI report was for a “broad review of the regulatory frameworks for media and content in Australia with a view to designing a new platform-neutral framework that effectively and consistently regulates the conduct of all entities with comparable functions operating in the marketplace”.

The paper does not make recommendations for specific changes to existing codes, guidelines or policies.  However, it states that outside longer term legislative and policy reform, the ACMA considers that (all) content providers should be responsive to increasing harmonisation across the industry and proactively addressing existing inconsistencies where possible. 

It also acknowledges the importance of flexibility to develop tailored approaches to meeting these core audience expectations given the contemporary media environment features many different business models.

In the first part of the paper, it sets out best practice approaches to 9 core audience expectations, across two areas: news and journalistic content; and general content.

News and journalistic content

  • Accuracy and impartiality of facts and information in the news, supported by available evidence
  • Disclosure of commercial arrangements and separation between editorial and business activities
  • Care in relation to distressing high-impact content
  • Provision of timely accurate and accessible emergency information

General content

  • Classification and content guidance – clear and meaningful information to assist informed choices, including for children
  • Advertising restrictions in line with community standards for certain products and services (noting the AANA has developed a number of self-regulatory codes in relation to the content of ads, with a complaints process through AdStandards)
  • Appropriate treatment of highly offensive or discriminatory material
  • Fair portrayal of individuals participating in content and underrepresented or vulnerable groups
  • Private information not be disclosed in the course of disseminating content unless in the public interest.

In relation to the second point, ensuring advertising is in line with community standards, the ACMA notes that best practice approaches should:

  • Minimize exposure to children of products restricted to adults
  • Be cognisant of potential harm that may be caused to vulnerable consumers
  • Target restrictions around quantity, repetition and concentration of advertising specific products and services – including for sponsored and in-content, and
  • Consider platform specific placement and scheduling measures – eg time, content or location based restrictions.

The second part of the paper looks at ‘Principles of effective content rules and safeguards’, in which it sets out best practice approaches to the following key principles:

  • Transparency – there should be open communication in relation to objectives and commitments
  • Participation – key stakeholders should be enabled to play an active role in decision-making
  • Evaluation – progress and results should be monitored and reviewed against goals and objectives
  • Complaints handling – complaints against decisions & actions should be addressed and properly reviewed

In terms of next steps, the ACMA notes that the paper represents the starting point for a renewed dialogue with both broadcasters and other content providers about audience expectations and how to improve audience experiences no matter where or how they access content.  The ACMA will engage with regulated TV and radio broadcasters as part of their existing code processes, engage with content providers across industry more broadly when opportunities arise, and remove duplicate rules and requirements and pursue deregulatory approaches where appropriate.

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