3ZZZ and Fraser Coast community stations breach codes of practice

Ethnic community station 3ZZZ Melbourne has breached the community radio codes of practice relating to complaints handling and Fraser Coast station 4FCR Hervey Bay is in breach for not encouraging community participation.

3ZZZ

The Community Radio Broadcasting Codes of Practice require community broadcasters to provide “a substantive written response to the complainant within 60 days of receipt of a complaint.” Regulator ACMA found that the licensee failed to meet this obligation.

The ACMA’s investigation commenced following a complaint received on the 8 July 2009 that the presentation of current affairs on the Macedonian program broadcast by 3ZZZ was not compliant with the Codes and that the program contained material that was likely to incite hatred.

The ACMA was unable to investigate the content-related matters as the licensee was no longer in possession of a copy of the broadcasts. This was due to the time that had elapsed between the date of the broadcasts complained about (between July 2002 and 10 March 2009) and receipt of the complaint by the licensee on 28 April 2009. The Broadcasting Services Act 1992 requires licensees to retain copies of broadcasts relating to political subject or current affairs for a period of six weeks, or if a complaint is made, 60 days.

In response to the breach finding, the licensee has revised its complaints handling procedures, will provide staff with additional training and amend its internal policies. ACMA has decided not to take any further action at this time but will monitor the licensee’s performance in this area.

4FCR

Community radio stations are required to encourage members of the community they serve to participate in the operations of the service under the Broadcasting Services Act. ACMA began an investigation following a complaint that 4FCR was not complying with this condition.

The investigation was conducted concurrently with the assessment of 4FCR’s broadcasting licence renewal application. As part of the licence renewal process 4FCR agreed to implement a number of measures to ensure it is compliant with this licence condition. These measures include encouraging members to attend 4FCR’s annual general meetings, establishing a website which will contain information on how members can participate in the service and processing membership applications in accordance with its constitution.

The ACMA believes these measures, if enacted, would address the compliance issues raised by the investigation. It will monitor 4FCR’s performance in relation to the measures.

4FCR’s licence was renewed in September 2009 for a period of five years.