“Nothing happens.” ACMA grilled over lack of powers.
Media watchdog has no powers to slap public broadcasters, even when they ignore a breach finding.
- Published by David Knox
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- Filed under News, Top Stories
Media watchdog the Australian Communications and Media Authority has been grilled over a lack of outcomes following a breach found against the ABC.
The ABC disagreed with a finding over a Four Corners “Cash Splash” story in 2019, when ACMA ruled it in breach of the ABC’s own Code of Practice for failing to offer adequate impartiality.
Appearing yesterday before the Senate Estimates ABC’s ABC Editorial Director Craig McMurtrie indicated the broadcaster “respectfully disagreed with the regulator” and that the finding was not a “correct application of our Code.”
But ACMA chair Nerida O’Loughlin (pictured top) was also quizzed by Nationals Senator Bridget McKenzie over why a breach finding resulted in no action or outcome if ABC was simply able to disagree with the finding.
“It’s in the legislation that they are to develop and register their own Codes,” she said. “So we do have a role, of course, in investigating the matters that are put to us. We investigate those matters against the ABC Code and in this circumstance, we believed that the ABC had breached their own Code of Practice. We provide that information to the ABC and unlike with the commercial industry, we’re even further limited in what actions we can take.”
“Nothing actually happens, does it? Let’s be frank,” asked Senator McKenzie.
“It would be a matter for the ABC,” said O’Loughlin. “To be fair, where the ABC has found breaches of its Code before it would take action internally. That might be further training, it might be counselling of staff, but that would be a matter for them. That’s not something we impose.”
O’Loughlin confirmed that unlike the Commercial Code of Practice, ABC and SBS Codes of Practice are not registered with ACMA and it has no authority to direct public broadcasters to remove content it finds in breach.
“That’s not a power that we have under our current legislative powers,” she explained.
Asked later if there is gap in the legislative framework, she replied, “The legislative framework has been in place since 1992. I think it would be a matter for governments and parliament to decide whether that’s a gap.”
ACMA is currently investigating a complaint around accuracy and impartiality over Fight for Planet A: Our Climate Challenge, which it received formally in December.
“We have commenced an investigation into the matter. But we are still in the process of that, at this point in time, it will probably take a couple of more months for us to do that.
“Normally what we do is, we would have the complaint, which is usually a very informed complaint. We would also seek submissions from the ABC. We often seek further advice from the complainant of the affected parties, and that would roll into our investigation.”
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- Tagged with Fight for Planet A: Our Climate Challenge, Four Corners
9 Responses
The ACMA can cancel a commerical broadcasters licence, but they are never going to do that. They have no control over the ABC or SBS. The ABC editorial policy says they have to listen to ACMA recommendations, but as the often violate their own editorial policy they just ignore that clause too.
But then again if the head of the ACMA can fine into submission anyone who disagrees with them, you no longer have a free press.
ACMA is a complete waste of time. I lodged a complaint with them over an A Current Affair episode years ago, when ACMA was known as the ABT, and they responded in their findings with double-speak and sophistry to find the broadcaster did not breach standards. The broadcaster never sent me their response, so I had to specifically request for it from the ABT and what the broadcaster said in their submission was at odds with the ABT findings. The broadcaster didn’t even deny many of my points of complaints, and it was obvious the investigator at the ABT was covering for them. Unbelievable.
Sounds like two different govt bodies though. ACMA now requires complainants to first go to the broadcaster. If you’re not happy with the response you raise it with them.
So when the ABC says complaints were investigated and no issues identified, this is done internally? Imagine having the ability to check on yourself and then give a big tick of approval!
I believe a separate unit, but one pollie did refer to it as marking your own homework.
How I miss the old ABT (Australian Broadcasting Tribunal) days where all licencees had to front public hearings for licence renewals. There were occasions when a licensee was not deemed worthy of keeping a broadcasting license and new applicants were invited to be granted the licence instead.
Goanna days?
What I don’t understand is that, why ACMA is wasting resources and time on investigations they have no right to be involved in?
Nerida O’Loughlin said herself that the ABC and SBS are not registered with ACMA and “it has no authority to direct public broadcasters to remove content it finds in breach.”
This has been a longstanding issue with many cases spanning many years and a few different channels and programs, not only ABC. There has been little done to discourage media breaches with soft ineffective reprovals that give little incentive for preventing media breaches and upholding or lifting standards.