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First breach of Broadcasting Services Act by datacasting channel

ACMA has made its first rulings on datacasting channels, Seven's TV4ME and Nine's Extra.

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The media watchdog has ruled its first breach of the Broadcasting Services Act by a datacasting channel, Seven’s TV4ME.

The Prime Media channel has been operating since September 2011 with a mix of information and branded content in community, finances, education and shopping. But there are restrictions on the genres of programs and they must not include entertainment, lifestyle, sport or children’s content, which are licensed under broadcasting channels.

However the Australian Communications and Media Authority has ruled that in March TV4ME broadcast content which falls under lifestyle and children’s genres.

All About Animals (pictured), which sees children meeting a variety of pets & animals and celebrity owners, was deemed to fit both genres. The show also airs on Foxtel’s Aurora channel.

Escapes 4 Me, which looks at surfing spots in the Pacific, South East Asia and Australia, was deemed to fit both Lifestyle and Sport genres.

ACMA found that other titles 4WD TV Pro Tips, CNET TV, Gasolene and Channelvision all satisfactorily fell in the information-only genres.

Seven is undertaking steps to ensure future compliance including training for the external provider of TV4ME, Brand New Media and providing an assessment report to ACMA within six months. ACMA is taking no further action at this time.

In a separate matter ACMA also received complaints about BabeTVlive on Nine’s datacasting channel Extra in October. There were two complaints that the interactive adult chat content was outside the information genre and that it requires R classification content being exploitative and degrading.

ACMA ruled that as it was advertising content it was not subject to the genre checks and that as it had not been classified by the Classifications Board it was was not R classified material.

Extra has since stopped broadcasting BabeTVlive since November 12.

9 Responses

  1. If something is shown on TV that has not been classified by the Classification Board which is later classified as ‘R’ (or ‘X’ or ‘refused’) the broadcaster can still get in trouble for it. Otherwise you could just show a new porn movie before it’s classified without consequence.

    Saying that it’s not currently classified is side-stepping the issue.

  2. Where is this going to end? Are these channels supposed to show endless ads and home shopping? The attempts to get a more varied range of programs onto the channels should be applauded, not ruled out of order.

    I’m worried about Max’s Muscle TV on 4ME, the only fitness/bodybuilding show on TV from which I’ve gained training tips. Is this a “lifestyle” show? Is this also a “sport” show which is also taboo? What a load of crap. A review of the regulations is needed, methinks.

  4. @peepatweeta: Yup, that’s so-called ‘datacasting’ for you. Blame the (Howard) government for that; it’s a crap compromise between the government wanting to (appear to) increase TV competition & the broadcasters wanting to restrict it.

    @Bazza: ‘datacasting’ channels are basically restricted to providing information (e.g. Sydney’s old D44) or advertising – and advertising content is self-regulated in Australia (by the Advertising Standards Bureau, a private organisation paid for by advertisers)

    Yes, there are many things terribly wrong with all that. Something about “foxes” and “hen-houses”, for starters…

  6. This time, before you start kicking anyone for taking too long, choose your target…
    * Original complaint made on 13 April
    * Licensee’s submission received on 22 June
    * ACMA’s preliminary investigation report sent to complainant / licensee (date not noted, but information in final report suggests August/September)
    * Licensee’s response received 9 November
    * Final report published 20 November.

  7. This reminds me of The Simpsons quote “Well, you need a forum where they don’t even know the meaning of the word “entertainment”: public access television!

    On GOLD, they show repeats of the WIN cooking show ‘Alive and Kicking” or something along that name. I would have thought this was Lifestyle, seeing as it is also shown on WIN and Nine Adelaide.

  9. There’s I’d something terribly wrong here. “Advertising content is not subject to genre checks” …that prevent R “rated” content being broadcast? So basically these channels can broadcast “information” but not entertainment.
    The regulations might need a review.

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