Compliance essential but ACMA should not inhibit legitimate station operations: Jon Bisset
26 October 2018 · News
The CBAA has told radioinfo it is aware that the ACMA has contacted a number of stations around Australia regarding their representation of their station’s sponsorship opportunities as advertising.
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Tags: ACMA | Advertising | Broadcasting Services Act | CBAA | community radio | compliance
Coca Cola in the US, Samsung in South Korea. Some potential 'sponsors' outside the broadcast area. Community radio should stick to the rules or pay for a commercial licence.
First this is not about the definition of community radio, as discussed in 2000 about a community station aspirant not awarded a licence because it was making profits either through its sponsorship announcements paid to a non-radio station entity and the selling of its CDs, reported in sources, https://www.abc.net.au/mediawatch/episodes/19600/9976604 and https://www.radioinfo.com.au/news/aba-investigation-wild-fm-and-free-fm.
Rather the issue is the distinction between a commercial and sponsorship announcement. A commercial consists of a corporate entity's jingle, use of trademarks and advertising getup/imagery. A sponsorship announcement consists of the following structure: "our sponsor is 'corporate entity'....they provide a 'description of product or service', they can be contacted on phone number or www.productorservice.com.au .....'corporate entity' is a proud sponsor of 2XYZ.
It would be overstepping the line if the sponsorship announcement consisted of the following structure: Our sponsor is 'product or service', the advertisement,.....proud sponsor of 2XYZ. Similarly it would be overstepping the line if the sponsorship announcement is: "Our sponsor is 'product or service', description of the qualities of the product or service and/or its advantages over its competitors........proud sponsor of 2XYZ.
Therefore if the sponsorship announcement resembles a commercial or the qualities of a commercial, it would violate Part 5 s9(1)(b), which states "the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in this clause;"
So assuming that a community station is playing a complying sponsorship announcement, then the officers of the radio station who a prospecting for potential sponsors offering to air advertisements instead of sponsorship announcements is clearly misleading the potential sponsor given that what is aired is not a commercial.
Surely it would make sense that the officers of the radio station are prospecting for an appropriate sponsor for an appropriate program. For example it is ridiculous to have a sponsorship announcement for an undertaker on a dance program.
Nevertheless, the entity sponsoring a radio station must not be sold that its announcements are sponsorship announcements NOT commercial. On balance the ACMA may be correct in judging the radio station prospecting for commercials rather than sponsorship announcement.
I know this based on my experience working as a volunteer on a community radio station.
Thank you,
Anthony of exciting Belfield
Apologies. When I referred to Part 5 s9(1)(b) in my essay, I was referring to Part 5 s9(1)(b) of the Broadcast Services Act 1992 (Cth), amended in 2006.
Sorry,
Anthony of exciting Belfield
Another apology. I muddled the 2nd last paragraph in my essay. It did not make sense. It should be:
"Nevertheless, the entity sponsoring a radio station must not be prospected by the radio station's officers as selling commercial time. On balance the ACMA may be correct in judging the radio station prospecting for commercials rather than sponsorship announcement."
Regards
Anthony of Belfield