Election rules for radio broadcasters

As the election campaign heats up, radio broadcasters have gone into election mode. ABC Radio is counting the minutes it allocates to coverage of each party, with the goal of having balanced coverage across its networks by the end of the campaign, Commercial Radio has begun booking ad revenue from both major parties as they roll out campaign ads across most electorates, and the Community Broadcasting sector has begun a campaign to get funding commitments from all parties. Amidst all this, the ACMA is watching to see that broadcasters stick to the rules governing election coverage, as outlined by the electoral commission and the Broadcasting Services Act.

 

The Australian Communications and Media Authority regulates the broadcasting of political and election matters and the content of electronic communications on community and commercial radio, while the ABC and SBS have their own regulations, with the ACMA playing the role of umpire in the case of disputes.

The ACMA has a fact sheet which sets out obligations for broadcasters, political parties, candidates, advertisers and the public during election periods as defined by the Broadcasting Services Act  (click below for the complete fact sheet).

The Act contains provisions that deal with access, timing and identification of political and election broadcasts. The rules are licence conditions.

 

Some key things to bear in mind are the requirements to ensure balance, keep records and observe the blackout period at the end of the campaign.

 

Balance

Clause 3 of the Act requires that if any election matter is broadcast during an election period, then that broadcaster must give all parties contesting the election a reasonable opportunity to have election matter broadcast during the election period. The broadcaster is not required to broadcast material for free.

 

Blackout period

Clause 3A requires that a broadcaster must not broadcast an election advertisement from the end of the Wednesday before the polling day until the close of the poll on polling day.

 

Identifying political matter

Subclause 4(2)  requires that the names of people authorising the advertisements be identified in the form of a spoken announcement.

 

Keeping records

Subclause 4(3) of the Act requires that a broadcaster must keep records of the people who request the broadcast of political matter. The required period is the longer of six weeks from the date of the broadcast or until the day on which the election ends. The ACMA can direct a broadcaster to keep records for a longer period. These records must be given to the ACMA if requested by written notice.

 

Standard rules regarding the broadcast of a political subject or current affairs and commercial agreements also continue to apply during election periods.

Complaints about compliance with licence conditions or the provisions of the Broadcasting Services Act can be made directly to the ACMA, which must investigate any complaint received, unless the complaint is frivolous or vexatious, or not made in good faith.

Read the full fact sheet by clicking the link below.