{"id":"F2021L01257","name":"Broadcasting Services (Anti-terrorism Requirements for Television Narrowcasting Services) Standard 2021","slug":"broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102069,"registerId":"commonwealth-F2021L01257-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"![Commonwealth Coat of Arms](image.001.png)\n\nBroadcasting Services (Anti-terrorism Requirements for Television Narrowcasting Services) Standard 2021\n\nBroadcasting Services Act 1992\n\nThe AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY determines this standard under subsection 125(2) of the Broadcasting Services Act 1992.\n\nDated: 9 September 2021\n\n  \nChris Jose  \n\\[signed\\]  \nMember\n\nLinda Caruso  \n\\[signed\\]  \nMember/General Manager\n\n  \n\nAustralian Communications and Media Authority\n\n# Part 1 Preliminary\n\n# 1 Name of instrument\n\nThis instrument is the Broadcasting Services (Anti-terrorism Requirements for Television Narrowcasting Services) Standard 2021.\n\n# 2 Commencement\n\nThis standard commences on the day after it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au/).\n\n# 3 Authority\n\nThis standard is made under subsection 125(2) of the Broadcasting Services Act 1992.\n\n# 4 Repeals\n\nThe Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011 (Registration No. F2011L00581) and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2011 (Registration No. F2011L00579) are repealed.\n\n# 5 Definitions and interpretation\n\nIn this standard:\n\nAct means the Broadcasting Services Act 1992.\n\nCriminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995.\n\nfunds has the same meaning as in the Criminal Code.\n\nlicensee means a person who provides:\n\n(a) a subscription television narrowcasting service under a class licence determined under paragraph 117(c) of the Act; or\n\n(b) an open narrowcasting television service under a class licence determined under paragraph 117(e) of the Act.\n\nlisted terrorist means:\n\n    (a) a listed terrorist organisation within the meaning of the Criminal Code; or\n    (b) a proscribed person or entity listed in the Gazette by the Minister for Foreign Affairs pursuant to section 15 of the Charter of the United Nations Act 1945.\n\nrecruit includes induce, incite and encourage.\n\nterrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).\n\nNote 1: The definition of terrorist act in that section covers actions or threats of actions.\n\nNote 2: The following terms used in this Standard are defined in the Act and have the meaning given by the Act: licence, program, open narrowcasting television service, subscription television narrowcasting service.\n\n# \n\n# 6 References to other instruments\n\nIn this standard, unless the contrary intention appears:\n\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\nNote 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\nNote 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\nPart 2 Introduction\n\n7 Object of standard\n\nThe object of this standard is to prevent the broadcasting of programs that advocate the doing of a terrorist act or encourage people to join or finance listed terrorists.\n\n8 Application\n\nThis standard applies to licensees.\n\nPart 3 Anti-terrorism Requirements\n\n9 Recruiting for a listed terrorist\n\n    (1) A licensee must not broadcast a program that would be reasonably understood as directly recruiting a person to join, or participate in the activities of, a listed terrorist.\n\n    (2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n10 Financing terrorism\n\n    (1) A licensee must not broadcast a program that would be reasonably understood as:\n\n    (a) soliciting funds for a listed terrorist; or\n    (b) assisting in the collection or provision of funds for a listed terrorist.\n    (2) Without limiting the generality of subsection (1), a program falls within subsection (1) if it gives details of a bank account, an address to which funds can be sent, or some other means of making payment to, or for the benefit of, a listed terrorist.\n\n    (3) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n11 Advocating the doing of a terrorist act\n\n    (1) A licensee must not broadcast a program that advocates the doing of a terrorist act.\n\n    (2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n    (3) Subject to subsection (4), for the purposes of this section, a program advocates the doing of a terrorist act if:\n\n    (a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or\n\n    (b) it directly or indirectly provides instruction on the doing of a terrorist act; or\n    (c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.\n\n    (4) A program does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.\n\n12 Programs of political opinion not affected\n\nFor the avoidance of doubt, sections 9, 10 and 11 are not intended to prevent a licensee from broadcasting a program that merely gives information about, or promotes the beliefs or opinions of, a listed terrorist.\n\n13 Bona fide reports and comments not affected\n\nSections 9, 10 and 11 do not prevent a licensee from broadcasting an excerpt from a program of the kind described in section 9, 10 or 11 if:\n\n    (a) the excerpt is included in a news report, current affairs program, documentary or other program; and\n\n    (b) the excerpt is included as part of a bona fide report or comment on a matter of public interest.","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Name of instrument","content":"# 1 Name of instrument\n\nThis instrument is the Broadcasting Services (Anti-terrorism Requirements for Television Narrowcasting Services) Standard 2021.","sortOrder":1},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"# 2 Commencement\n\nThis standard commences on the day after it is registered on the Federal Register of Legislation.\n\nNote: The Federal Register of Legislation may be accessed at [www.legislation.gov.au](http://www.legislation.gov.au/).","sortOrder":2},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"# 3 Authority\n\nThis standard is made under subsection 125(2) of the Broadcasting Services Act 1992.","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Repeals","content":"# 4 Repeals\n\nThe Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011 (Registration No. F2011L00581) and the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2011 (Registration No. F2011L00579) are repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Definitions and interpretation","content":"# 5 Definitions and interpretation\n\nIn this standard:\n\nAct means the Broadcasting Services Act 1992.\n\nCriminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995.\n\nfunds has the same meaning as in the Criminal Code.\n\nlicensee means a person who provides:\n\n(a) a subscription television narrowcasting service under a class licence determined under paragraph 117(c) of the Act; or\n\n(b) an open narrowcasting television service under a class licence determined under paragraph 117(e) of the Act.\n\nlisted terrorist means:\n\n    (a) a listed terrorist organisation within the meaning of the Criminal Code; or\n    (b) a proscribed person or entity listed in the Gazette by the Minister for Foreign Affairs pursuant to section 15 of the Charter of the United Nations Act 1945.\n\nrecruit includes induce, incite and encourage.\n\nterrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).\n\nNote 1: The definition of terrorist act in that section covers actions or threats of actions.\n\nNote 2: The following terms used in this Standard are defined in the Act and have the meaning given by the Act: licence, program, open narrowcasting television service, subscription television narrowcasting service.\n\n#","sortOrder":5},{"sectionNumber":"6","sectionType":"part","heading":"References to other instruments","content":"# 6 References to other instruments\n\nIn this standard, unless the contrary intention appears:\n\n    (a) a reference to any other legislative instrument is a reference to that other legislative instrument as in force from time to time; and\n\n    (b) a reference to any other kind of instrument is a reference to that other instrument as in force at the commencement of this instrument.\n\nNote 1: For references to Commonwealth Acts, see section 10 of the Acts Interpretation Act 1901; and see also subsection 13(1) of the Legislation Act 2003 for the application of the Acts Interpretation Act 1901 to legislative instruments.\n\nNote 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.\n\nPart 2 Introduction\n\n7 Object of standard\n\nThe object of this standard is to prevent the broadcasting of programs that advocate the doing of a terrorist act or encourage people to join or finance listed terrorists.\n\n8 Application\n\nThis standard applies to licensees.\n\nPart 3 Anti-terrorism Requirements\n\n9 Recruiting for a listed terrorist\n\n    (1) A licensee must not broadcast a program that would be reasonably understood as directly recruiting a person to join, or participate in the activities of, a listed terrorist.\n\n    (2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n10 Financing terrorism\n\n    (1) A licensee must not broadcast a program that would be reasonably understood as:\n\n    (a) soliciting funds for a listed terrorist; or\n    (b) assisting in the collection or provision of funds for a listed terrorist.\n    (2) Without limiting the generality of subsection (1), a program falls within subsection (1) if it gives details of a bank account, an address to which funds can be sent, or some other means of making payment to, or for the benefit of, a listed terrorist.\n\n    (3) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n11 Advocating the doing of a terrorist act\n\n    (1) A licensee must not broadcast a program that advocates the doing of a terrorist act.\n\n    (2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).\n\n    (3) Subject to subsection (4), for the purposes of this section, a program advocates the doing of a terrorist act if:\n\n    (a) it directly or indirectly counsels, promotes, encourages or urges the doing of a terrorist act; or\n\n    (b) it directly or indirectly provides instruction on the doing of a terrorist act; or\n    (c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.\n\n    (4) A program does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.\n\n12 Programs of political opinion not affected\n\nFor the avoidance of doubt, sections 9, 10 and 11 are not intended to prevent a licensee from broadcasting a program that merely gives information about, or promotes the beliefs or opinions of, a listed terrorist.\n\n13 Bona fide reports and comments not affected\n\nSections 9, 10 and 11 do not prevent a licensee from broadcasting an excerpt from a program of the kind described in section 9, 10 or 11 if:\n\n    (a) the excerpt is included in a news report, current affairs program, documentary or other program; and\n\n    (b) the excerpt is included as part of a bona fide report or comment on a matter of public interest.","sortOrder":6}],"analysis":{"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument consolidates two 2011 narrowcasting anti‑terrorism standards into a single standard (s4) and restates prohibitions against recruitment, fundraising and advocacy of terrorist acts (s7–s11). On its face it does not expand the categories of prohibited conduct beyond those described here; it re‑defines the covered licensee class to explicitly include subscription and open narrowcasting providers (s5). Any change in practical scope would depend on how cross‑referenced lists and judicial interpretation develop (s5, s6)."},"complexity_factors":["Cross-references to the Criminal Code for key terms (terrorist act; funds) increase interpretive complexity (s5).","Strict‑liability style exposure: licensees breach provisions 'whether or not' they are aware that content offends (s9(2), s10(3), s11(2)).","Standards framed by amorphous reasonableness tests ('would be reasonably understood') create fact‑specific assessments (s9(1), s10(1)).","Substantive breadth in prohibition (direct/indirect recruitment, instruction, praise where there is a 'substantial risk') requires evaluative judgments (s11(3)(a)–(c)).","Saved exceptions for political opinion and bona fide reporting impose evidential showings and context‑sensitive balancing (s12, s13).","Definition of licensee ties coverage to class licences under the Broadcasting Services Act, requiring cross‑statutory reading (s5).","Reliance on external lists (listed terrorist organisations/persons; Gazette declarations) delegates part of the scope to other instruments and executive action (s5).","Repeal and consolidation of two prior standards may create transitional or enforcement questions for affected licensees (s4).","General reference to other instruments 'as in force from time to time' adds ongoing legal variability (s6)."],"plain_english_summary":"This standard repeals two 2011 narrowcasting anti‑terrorism instruments and replaces them with one rule that bars narrowcast TV programs which recruit for, solicit funds for, or advocate terrorist acts. It applies to providers of subscription and open narrowcasting services. Licensees are liable even if unaware of offending content, while bona fide news, commentary, political opinion and some depictions or satire are carved out. Compliance requires monitoring material so it would not be “reasonably understood” as encouraging, instructing or praising terrorism."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"This 2021 instrument consolidates and replaces two separate 2011 standards: one for subscription television narrowcasting and one for open narrowcasting television services. The scope has been streamlined by merging these two regimes into a single standard, but the substantive requirements remain largely unchanged. The consolidation represents a rationalisation rather than an expansion of scope."},"complexity_factors":["Short instrument with only 13 operative sections","Minimal defined terms (only 6 explicit definitions in section 5, plus incorporated definitions from the Broadcasting Services Act 1992 and Criminal Code)","Straightforward structure: preliminary, introduction, and operative requirements","Some conditional logic in section 11(3)-(4) defining 'advocating' with a carve-out for entertainment/satire","Cross-references to external legislation (Criminal Code, Broadcasting Services Act 1992, Charter of the United Nations Act 1945) but these are standard definitional references","No nested exceptions beyond the single-level carve-outs in sections 12-13","Strict liability provisions (sections 9(2), 10(3), 11(2)) create compliance burden but don't add structural complexity"],"plain_english_summary":"This law bars narrowcasting TV licensees (subscription, community, and special‑interest channels) from broadcasting content that recruits, solicits funds for, or advocates terrorism. It imposes strict liability on broadcasters, who can be penalised even without knowing a breach occurred.\n\nProtections allow genuine news, current affairs, documentaries, political opinion, and entertainment/satire to discuss or depict terrorist subjects. The aim is to prevent radicalisation and fundraising via niche TV while preserving legitimate journalism and expression."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202","history":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202/history","analysis":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202/analysis","conflicts":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202/conflicts","importantCases":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202/important-cases","documents":"/api/acts/broadcasting-services-anti-terrorism-requirements-for-television-narrowcasting-services-standard-202/documents"}}