Australian TV Content Laws

Here is a condensed version of the current Broadcasting Services (Australian Content) Standard has been in effect since 30 December 2005. Commercial broadcasters are required by law as a conditional part of their licence to comply with the Standard.

The objective of the Standard is to:

promote the role of commercial television broadcasting services in developing and reflecting a sense of Australian identity, character and cultural diversity by supporting the community's continued access to television programs produced under the Australian creative control.

Co-productions (Australia Government production with another country's government e.g. UK) and New Zealand programs are seen equally with Australian programs for the purposes of the standard. The latter relates to the Australia New Zealand Closer Economic Relations Trade Agreement.

Key Facts

• Transmission Quota - 55% of Australian free-to-air television content per year has to be Australian made between 6am-12pm.


• Drama - There is concessions, but generally speaking, there is a 'drama score' which is a formula:
  drama score=format factor x duration (in hours). Format factor means whether it is a serial, feature film, taking into account the duration and acquiring fee. They are then rated e.g. 1 for a serial of more than hour per week to 4 for a 90 minute or less telemovie, miniseries or drama e.g. BlackJack. According to the Standard, the drama score required for first release drama in Australia in prime time has to equal 860.


• Children's Drama - Again, there is a lot of exceptions, but in general a station needs to broadcast within a 3 year period, drama classified as children's drama of at least 96 hours in total. A station must also broadcast, with a few exceptions at least 25 hours of Australian children's drama If a station shows a first release children's drama or at least 80 mins (without ads) and show it in prime time, then ACMA rewards them by changing tripling the duration for content purposes.


• Documentaries - Between 6am-12am need to show at least 20 hours first release Australian documentaries that are at least 30 minutes long.

Terminology


Prime Time
Is defined as from 5pm-11pm each day.

What Qualifies as an Australian Program?

(1) Subject to subsections (3) and (4), a program is an Australian program if:
(a) it is produced under the creative control of Australians; and
(b) it was made without financial assistance from the television production fund.
(2) For paragraph (1) (a), a program is produced under the creative control of
Australians if:
(a) the producer of the program is, or the producers of the program are, Australian
(whether or not the program is produced in conjunction with a co-producer, or
an executive producer, who is not an Australian); and
(b) either:
(i) the director of the program is, or the directors of the program are,
Australian; or
(ii) the writer of the program is, or the writers of the program are, Australian;
and
(c) at least 50% of the leading actors, including voice actors, or on-screen
presenters appearing in the program are Australians; and
(d) in the case of a drama program — at least 75% of the major supporting cast
appearing in the program are Australians; and
(e) subject to subsection (5), the program is produced and post-produced in
Australia (whether or not it is filmed in Australia); and
(f) in the case of an animated program — the program satisfies at least 3 of the
following requirements:
(i) the production designer is Australian;
(ii) the character designer is Australian;
(iii) the supervising layout artist is Australian;
(iv) the supervising storyboard artist is Australian;
(v) the key background artist is Australian.
(3) If a program (except a news, current affairs or sports program) includes segments
that, if they were individual programs, would not comply with subsection (2), only
a segment that, if it were an individual program, would comply with subsection (2)
is taken to be an Australian program.
Example:
A music video program including Australian clips and children’s cartoon programs that is presented
by an Australian host.
(4) A documentary program that complies with subsection (2) is not an Australian
program if it is a reversioning of one or more existing documentary programs that
are not Australian programs, Australian official co-productions, New Zealand
programs or Australian/New Zealand programs.
(5) For paragraph (2) (e), a news, current affairs or sports program that is filmed
outside Australia and produced or post-produced outside Australia because it is
impractical to produce or post-produce the program in Australia is taken to be
produced and post-produced in Australia.

First Release Programs

(1) A program (except a telemovie or feature film) is a first release program when it is
first broadcast in the licence area if it has been acquired within 2 years of the
completion of production of the program.
(2) A program that is a telemovie is a first release program when it is first broadcast by
a licensee in the licence area (whether or not the program has already been
broadcast in the licence area by a subscription television broadcasting service) if it
has been acquired within 2 years of the completion of production of the program.
(3) A program that is a feature film is a first release program when it is first broadcast
by a licensee in the licence area (whether or not the program has already been
broadcast in the licence area by a subscription television broadcasting service) if it
has been acquired within 5 years of the completion of production of the program.

What is Defined as Australian Drama?

Includes fully or partially scripted screenplay where dramatic elements (theme, character and plot) are used to form a narrative, can include improvisation by actors. Drama strangely enough includes fully scripted sketch comedy, animated drama and dramatised documentary.

Sources:
ACMA TV Content Requirements

Broadcasting Services (Australian Content) Standard 2005