Apr 22, 2013 - Free TV represents all of Australia's commercial free-to-air television broadcasters. Our members provide
EXPLANATORY NOTE PROPOSED AMENDMENTS TO THE COMMERCIAL TELEVISION INDUSTRY CODE OF PRACTICE – PROMOTION OF LIVE ODDS DURING LIVE SPORTING EVENTS PUBLIC CONSULTATION 22 APRIL 2013 Free TV Australia (Free TV) is proposing amendments to the Commercial Television Industry Code of Practice (the Code) to reduce and control the promotion of live odds in live sporting broadcasts. The proposed amendments to the Code are available for public consultation. Free TV represents all of Australia’s commercial free-to-air television broadcasters. Our members provide nine channels of content across a broad range of genres, as well as rich online and mobile offerings. These services are free to view. The value of commercial free-to-air television to all Australians remains high. On any given day, free-to-air television is watched by more than 14 million Australians. Free TV will be conducting a broader review of the Code later in 2013. Public comments must be received by no later than 5 pm on Monday 20 May 2013 and may be submitted to Free TV by: •
post to 44 Avenue Road, Mosman NSW 2088;
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fax to (02) 9969 3520; or
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email to
[email protected]
Purpose of the Code Under the Broadcasting Services Act 1992 (Cth), the content of commercial television is regulated under the Code of Practice which has been developed by Free TV in consultation with the public and registered with the Australian Communications and Media Authority (ACMA). The Code regulates content in accordance with community standards, assists viewers in making informed choices about their television viewing and provides effective procedures for receiving and handling viewer complaints. The Code operates alongside the requirements of the Broadcasting Services Act and the ACMA Standards which regulate the content of children’s programs and advertisements directed to children and the Australian content of programs and advertisements. The Code is intended to provide clear guidance to television station staff and viewers on what is required in each of the areas it covers. The provisions of the Broadcasting Services Act mean that stations may ultimately be subject to serious penalties for non-compliance with the Code. Background to proposed amendments On 29 June 2012, the Minister for Broadband, Communications and the Digital Economy announced that commercial radio, commercial television and subscription broadcasters had reached agreement on measures to reduce and control the promotion of live odds during the broadcast of sporting events. The announcement noted that broadcasters had agreed to amend their existing codes of practice to restrict live odds promotion, including by banning sporting commentators from mentioning live odds and banning all live odds promotion during play. The proposed amendments to the Code reflect this agreement.
The proposed amendments are in addition to the existing restrictions on gambling and betting advertisements that already exist at clause 6.14 of the Code. These restrictions will continue to apply. Overview of proposed amendments The proposed amendments to the Code will have the following effect: •
A promotion of Live Odds for a live sporting event is not permitted during play.
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Commentators and their guests will be prohibited from promoting live odds as part of a broadcast of a live sporting event:
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at any time during play (including during breaks in play);
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during the period 30 minutes before play commences; and
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during the period 30 minutes after play has concluded.
A promotion of live odds relating to a live sporting event by other persons, including discrete and distinguishable representatives of gambling organisations, is permitted: o
before play commences;
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during scheduled breaks in play;
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during a suspension in play; and
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after the cessation of play
but only where that promotion is an advertisement or clearly identified sponsorship segment presented by a person other than a commentator (or their guest). •
An advertisement or sponsorship information relating to a gambling organisation will be permitted during a live sporting event, provided that advertisement does not contain any reference to live odds relating to the sports event being broadcast.
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Promotion of live odds during events such as the Olympics and Commonwealth Games will only be permitted once every two hours, provided that they do not relate to a sporting event in play that is currently being broadcast.
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There are also a number of restrictions to ensure that any permissible promotions are conducted in a responsible manner. Any permitted promotion of live odds during a live sporting event must satisfy a number of harm minimisation measures, including:
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be socially responsible and not mislead or deceive the audience;
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not be directed at children or portray live odds betting as a family activity;
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avoid exaggerated claims, association with alcohol, or association with success or achievement; and
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be accompanied by a responsible gambling message.
The proposed rules regarding the promotion of live odds will not apply to: o
the promotion of live odds pursuant to a commercial agreement in effect before 27 May 2011;
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coverage of horse racing, harness racing and greyhound racing events; or
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a live odds promotion as part of a broadcast of a live sporting event originating from outside Australia, where it is not reasonably practicable to remove the live odds promotion from the broadcast.
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