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Bruce Gordon breached media control rules

Media watchdog rules WIN TV mogul owned too much of Prime TV in 8 markets for a year, but will take no further action.

WIN Television mogul Bruce Gordon has been found to have breached media control and media diversity rules in relation to his interests in the Prime Media Group Limited.

The Australian Communications and Media Authority found that found that Mr Gordon acquired a 11.59% shareholding in Prime on 29 April 2019. Together with his existing 14.99% interest, total company interests rose to 26.58%. This placed him in a position to exercise control of commercial television licences held by subsidiaries of Prime until 24 May 2019, when Gordon divested 43 million shares (11.73%).

Under the Broadcasting Services Act, a person is deemed to be in control of a media asset when they acquire in excess of 15% of a company which holds that asset.

ACMA found Gordon to be in breach of the ‘one-to-a-market’ commercial television licence rule in eight separate licence areas during this time, causing an unacceptable media diversity situation to occur, or to be worsened, in more than 40 licence areas.

“Media control and diversity rules exist so that Australians have access to a diverse range of voices in the media landscape. It is up to companies and individuals to ensure that they comply with these important rules at all times, especially where control occurs in more complex shareholding arrangements,” said ACMA Chair Nerida O’Loughlin.

ACMA considered evidence that the breaches occurred as a result of actions taken by a third party that were contrary to his instructions and that, as a result, he could not reasonably have known that he was in breach of media laws. The ACMA also noted that Gordon acted immediately to sell down his shareholding in Prime as soon as he became aware of the mistake.

ACMA also found no evidence to suggest that Mr Gordon took any actual steps to exercise control over Prime during this period.

“Given the limited duration of the breaches and our satisfaction with the action to rectify the breaches, the ACMA will not take any further action on this matter,” Ms O’Loughlin said.

8 Responses

  1. Rules are so weird sometimes. It’s not ok for Bruce to have too many shares in competing TV businesses but it’s ok for 7 to own all the newspapers in Perth.

    1. Whilst he wasn’t allowed to have a larger interest in Prime it seems that 7 is about to ‘merge’ with Prime. So…OK for 7 to own 7 and regional Qld 7 plus Prime elsewhere, but not for WIN?
      WIN is privately owned 100% by Bruce Gordon (and his companies, trusts, etc.).

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