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News extra July, 2006 Minister moves against Big Brother (July 5) The Australian Communications and Media Authority (ACMA) will be directed to undertake a detailed review of the free to air television code of practice and legislation will be introduced into Parliament to extend content regulation to video streamed on the Internet, Minister for Communications, Information and the Arts Senator the Hon Helen Coonan said today. The decision comes after an assessment from ACMA of the much publicised incident on the set of Channel 10’s Big Brother programme which was streamed live over the Internet at about 4.30am on Saturday 1 July 2006. ACMA’s assessment noted that because the material had not been broadcast by Channel Ten on television, the standards applying to free to air broadcasts do not apply. Schedule 5 of the Broadcasting Services Act (the Act) regulates online content. It empowers ACMA to review instances where online content may have been inappropriate, against the standards set out in the National Classification Code. However, it applies to material which is stored and made available for viewing on the Internet. ACMA found that whilst the live Internet stream could have been seen by paid subscribers watching at that time, the material had not been stored on the Big Brother website, and accordingly the material was not internet content for the purposes of Schedule 5. “A number of other websites and media outlets had subsequently made footage of the incident on the Big Brother set available for viewing,” Senator Coonan said. “However, I am advised that the material was subsequently removed from those websites after I wrote to the relevant news outlets asking that the material be taken down. “This matter has reinforced the need for changes to the Act to ensure that these new services being offered over the internet and mobile devices are subject to the same content restrictions that apply to television broadcasts. “On June 14 2006 in an address to the National Press Club I announced that legislation would be introduced to ensure that appropriate content safeguards would be imposed on all non-broadcasting commercial content services, including live services. “This important legislation is presently being drafted and will be introduced into Parliament at the earliest opportunity. I will be urging all of my Parliamentary colleagues to support the extension of these essential safeguards. “Given the community outrage about this matter, it would appear the codes applying to television program classifications may also be out of step with community standards. “In addition to legislative changes, using powers under s171 of the Act, I will direct ACMA to conduct a detailed review of whether the free to air television code of practice is operating to provide appropriate community safeguards in relation to reality TV programming. “The investigation by ACMA will include community consultation. Following that consultation, ACMA has the power to impose a mandatory standard on the free to air television industry, if the relevant code of practice does not provide adequate community safeguards. “When considering online content ACMA applies the National Classification system, agreed by the Commonwealth, States and Territories. “I think we need to consider whether the current approach to the classification of reality programming is appropriate. “I will be raising this matter with the Attorney-General, Philip Ruddock, as he is responsible for classification matters. I urge State and Territory censorship ministers to support the Australian Government to ensure that reality programming is appropriately regulated. “I can reassure Australian families that the Howard Government will continue working hard to protect them from exposure to offensive material. “Sexual impropriety and the exploitation and humiliation of women is not a joke, nor is it something that should be used to sensationalise news coverage or garner ratings.”
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