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2010-2011-2012
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
SPECIAL BROADCASTING SERVICE AMENDMENT (NATURAL PROGRAM
BREAKS AND DISRUPTIVE ADVERTISING) BILL 2012
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Scott Ludlam, Australian Greens Senator for
Western Australia)
SPECIAL BROADCASTING SERVICE AMENDMENT (NATURAL PROGRAM
BREAKS AND DISRUPTIVE ADVERTISING) BILL 2012
OUTLINE
The Special Broadcasting Service Amendment (Natural Program Breaks and
Disruptive Advertising) Bill 2012 amends the Special Broadcasting Service Act 1991 to
phase out advertising within television programs.
SCHEDULE 1
Under Schedule 1, from 1 January 2013 to 31 December 2015, the SBS will only be
able to broadcast advertisements and sponsorship announcements under subsection
45(2) of the SBS Act during periods before programs commence, after programs end
or during "natural program breaks" within the meaning of the new definition of that
expression that is proposed to be inserted by Schedule 1.
From that date, SBS won't be able to have "forced" in-program breaks. This is
intended to bring current practice at the station back in line with the intentions of
Parliament when the Special Broadcasting Service Act 1991 was originally debated.
SCHEDULE 2
Under Schedule 2, from 1 January 2014 to 31 December 2015:
1. Under proposed s 45A to be inserted by that Schedule, there will be a limit on
the number of "natural program breaks" (within the meaning of the new
definition of that expression proposed to be inserted by Schedule 1) in which
advertisements and other non-program material may be broadcast. SBS will be
limited to one such natural program break per program. This won't apply to
sporting event broadcasts.
2. Under proposed s 45B to be inserted by that Schedule, if SBS chooses not to
broadcast advertisements during natural program breaks (within the meaning
of the new definition of that expression proposed to be inserted by Schedule 1)
in television programs screened between 6pm and 2am each day, SBS is
entitled to payments in accordance with the regulations. This won't apply in
relation to natural program breaks in sporting event broadcasts.
SCHEDULE 3
Under Schedule 3, under the proposed s 45A to be inserted by that Schedule that will
apply from 1 January 2016, there cannot be any breaks in programs other than
sporting event broadcasts. This means that SBS will be prevented (under subsection
45(2) of the SBS Act) from broadcasting advertisements and sponsorship
announcements during a program (except in sporting event broadcasts) because
there will be no "natural program breaks" (within the meaning of the new definition
of that expression proposed to be inserted by Schedule 1).
FINANCIAL IMPACT STATEMENT
Nil.
Human rights implications
This Bill/Legislative Instrument does not engage any of the applicable rights or
freedoms.
Conclusion
This Bill/Legislative Instrument is compatible with human rights as it does not raise
any human rights issues.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Special Broadcasting Service Amendment (Natural Program Breaks and Disruptive
Advertising) Bill 2012
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act
2011.
Inasmuch as the increasing saturation of public space with intrusive commercial
messages could be construed as infringing on human rights, the measures contained
in this bill will act to reduce or ameliorate these infringements.
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