{"id":"F2026L00122","name":"Broadcasting Services (International Broadcasting) Guidelines 2026","slug":"broadcasting-services-international-broadcasting-guidelines-2026","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":107703,"registerId":"commonwealth-F2026L00122-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1—Preliminary\n\n## 1 Name\n\n  This instrument is the Broadcasting Services (International Broadcasting) Guidelines 2026.\n\n## 2 Commencement\n\n> Note: This instrument commences at the start of 31 March 2026.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.\n\n## 3 Authority\n\n  This instrument is made under subsection 121FP(1) of the Broadcasting Services Act 1992.\n\n## 4 Repeal of the Broadcasting Services (International Broadcasting) Guidelines 2016\n\n  The Broadcasting Services (International Broadcasting) Guidelines 2016 (Registration No F2016L00393) are repealed.\n\n## 5 Object\n\n  The object of these guidelines is to set out arrangements for:\n  (a) proposed and operational international broadcasting services; and\n  (b) matter in programs; and\n  (c) the conduct of international broadcasting licensees.\n\n## 6 Definitions\n\n  In these guidelines:\n\nAct means the Broadcasting Services Act 1992.\n\nadvertisement means a program that attempts to sell, to promote, or to recommend, a product or a service, but does not include a program that is broadcast, or intended to be broadcast, as an accidental or incidental accompaniment to the broadcasting of other matter, and for which the international broadcasting licensee for the program does not receive payment or other valuable consideration for broadcasting the program.\n\nchildren means people younger than 15 years of age.\n\nchildren’s program means a program that is intended to be seen primarily by children.\n\nClassification Act means the Classification (Publications, Films and Computer Games) Act 1995.\n\nclassification system means the classification system that is set out in:\n\n(a) the Classification Act; or\n\n(b) a similar law of a State or Territory.\n\nNote: The classification system is administered under complementary Commonwealth, State and Territory legislation. The Classification Act applies to the Australian Capital Territory only.\n\ncurrent affairs program means a program that deals with social, economic or political matters that are of topical interest to the international audience of the service on which the program is broadcast.\n\nfilm has the meaning given by section 5 of the Classification Act.\n\nintellectual property rights means rights associated with all copyrights, registered and unregistered trademarks, registered designs, trade secrets and know‑how.\n\ninternational audience, of a program that is broadcast as part of an international broadcasting service, means the audience outside Australia that receives, or is likely to receive, the international broadcasting service.\n\ninternational broadcasting licensee means the holder of an international broadcasting licence.\n\nmatter means the content of a program that is broadcast as part of an international broadcasting service.\n\nmedicine has the meaning given by subsection 3(1) of the Therapeutic Goods Act 1989.\n\nnarcotic substance has the meaning given by subsection 4(1) of the Customs Act 1901.\n\nschedule, in relation to matter, means to broadcast, or to intend to broadcast, the matter on a particular day and at a particular time.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) broadcasting service;\n    (c) international broadcasting licence;\n    (d) international broadcasting service;\n    (e) program.\n\n## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\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    (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\n> Note 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\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":0},{"sectionNumber":"1","sectionType":"part","heading":"Name","content":"## 1 Name\n\n  This instrument is the Broadcasting Services (International Broadcasting) Guidelines 2026.","sortOrder":1},{"sectionNumber":"2","sectionType":"part","heading":"Commencement","content":"## 2 Commencement\n\n> Note: This instrument commences at the start of 31 March 2026.\n\nNote: The Federal Register of Legislation may be accessed free of charge at www.legislation.gov.au.","sortOrder":2},{"sectionNumber":"3","sectionType":"part","heading":"Authority","content":"## 3 Authority\n\n  This instrument is made under subsection 121FP(1) of the Broadcasting Services Act 1992.","sortOrder":3},{"sectionNumber":"4","sectionType":"part","heading":"Repeal of the Broadcasting Services (International Broadcasting) Guidelines 2016","content":"## 4 Repeal of the Broadcasting Services (International Broadcasting) Guidelines 2016\n\n  The Broadcasting Services (International Broadcasting) Guidelines 2016 (Registration No F2016L00393) are repealed.","sortOrder":4},{"sectionNumber":"5","sectionType":"part","heading":"Object","content":"## 5 Object\n\n  The object of these guidelines is to set out arrangements for:\n  (a) proposed and operational international broadcasting services; and\n  (b) matter in programs; and\n  (c) the conduct of international broadcasting licensees.","sortOrder":5},{"sectionNumber":"6","sectionType":"part","heading":"Definitions","content":"## 6 Definitions\n\n  In these guidelines:\n\nAct means the Broadcasting Services Act 1992.\n\nadvertisement means a program that attempts to sell, to promote, or to recommend, a product or a service, but does not include a program that is broadcast, or intended to be broadcast, as an accidental or incidental accompaniment to the broadcasting of other matter, and for which the international broadcasting licensee for the program does not receive payment or other valuable consideration for broadcasting the program.\n\nchildren means people younger than 15 years of age.\n\nchildren’s program means a program that is intended to be seen primarily by children.\n\nClassification Act means the Classification (Publications, Films and Computer Games) Act 1995.\n\nclassification system means the classification system that is set out in:\n\n(a) the Classification Act; or\n\n(b) a similar law of a State or Territory.\n\nNote: The classification system is administered under complementary Commonwealth, State and Territory legislation. The Classification Act applies to the Australian Capital Territory only.\n\ncurrent affairs program means a program that deals with social, economic or political matters that are of topical interest to the international audience of the service on which the program is broadcast.\n\nfilm has the meaning given by section 5 of the Classification Act.\n\nintellectual property rights means rights associated with all copyrights, registered and unregistered trademarks, registered designs, trade secrets and know‑how.\n\ninternational audience, of a program that is broadcast as part of an international broadcasting service, means the audience outside Australia that receives, or is likely to receive, the international broadcasting service.\n\ninternational broadcasting licensee means the holder of an international broadcasting licence.\n\nmatter means the content of a program that is broadcast as part of an international broadcasting service.\n\nmedicine has the meaning given by subsection 3(1) of the Therapeutic Goods Act 1989.\n\nnarcotic substance has the meaning given by subsection 4(1) of the Customs Act 1901.\n\nschedule, in relation to matter, means to broadcast, or to intend to broadcast, the matter on a particular day and at a particular time.\n\n> Note 1: A number of other expressions used in this instrument are defined in the Act, including the following:\n\n    (a) ACMA;\n    (b) broadcasting service;\n    (c) international broadcasting licence;\n    (d) international broadcasting service;\n    (e) program.","sortOrder":6},{"sectionNumber":"7","sectionType":"part","heading":"References to other instruments","content":"## 7 References to other instruments\n\n  In this instrument, unless the contrary intention appears:\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    (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\n> Note 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\n> Note 2: All Commonwealth Acts and legislative instruments are registered on the Federal Register of Legislation.","sortOrder":7},{"sectionNumber":"Part 2","sectionType":"part","heading":"Privacy, causing serious offence, and vilification","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":8},{"sectionNumber":"8","sectionType":"part","heading":"Privacy","content":"## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.","sortOrder":9},{"sectionNumber":"9","sectionType":"part","heading":"Matter causing serious offence or hatred","content":"## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Simulation of events","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":11},{"sectionNumber":"10","sectionType":"part","heading":"Simulated events","content":"## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.","sortOrder":12},{"sectionNumber":"Part 4","sectionType":"part","heading":"Broadcasting to children","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":13},{"sectionNumber":"11","sectionType":"part","heading":"General guideline","content":"## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.","sortOrder":14},{"sectionNumber":"12","sectionType":"part","heading":"Advertisements produced for children","content":"## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.","sortOrder":15},{"sectionNumber":"13","sectionType":"part","heading":"Promotions in children’s programs","content":"## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.","sortOrder":16},{"sectionNumber":"14","sectionType":"part","heading":"Competitions","content":"## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.","sortOrder":17},{"sectionNumber":"Part 5","sectionType":"part","heading":"News and current affairs","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":18},{"sectionNumber":"15","sectionType":"part","heading":"Application","content":"## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.","sortOrder":19},{"sectionNumber":"16","sectionType":"part","heading":"General guideline","content":"## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.","sortOrder":20},{"sectionNumber":"17","sectionType":"part","heading":"Impartiality","content":"## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.","sortOrder":21},{"sectionNumber":"18","sectionType":"part","heading":"Balance","content":"## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.","sortOrder":22},{"sectionNumber":"19","sectionType":"part","heading":"Presentation of matter","content":"## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.","sortOrder":23},{"sectionNumber":"20","sectionType":"part","heading":"Presentation of death or injury","content":"## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.","sortOrder":24},{"sectionNumber":"21","sectionType":"part","heading":"Presentation of suicide","content":"## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.","sortOrder":25},{"sectionNumber":"Part 6","sectionType":"part","heading":"Advertising","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":26},{"sectionNumber":"22","sectionType":"part","heading":"Application","content":"## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.","sortOrder":27},{"sectionNumber":"23","sectionType":"part","heading":"Compliance with relevant Australian advertising codes","content":"## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.","sortOrder":28},{"sectionNumber":"24","sectionType":"part","heading":"Tobacco products","content":"## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.","sortOrder":29},{"sectionNumber":"25","sectionType":"part","heading":"Content and scheduling of advertising","content":"## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.","sortOrder":30},{"sectionNumber":"Part 7","sectionType":"part","heading":"Assessing and scheduling matter for radio and television","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":31},{"sectionNumber":"26","sectionType":"part","heading":"General guideline","content":"## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.","sortOrder":32},{"sectionNumber":"27","sectionType":"part","heading":"Assessment of classification of television films","content":"## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.","sortOrder":33},{"sectionNumber":"28","sectionType":"part","heading":"Assessment of suitability of television films","content":"## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.","sortOrder":34},{"sectionNumber":"29","sectionType":"part","heading":"Markings and warnings for television films","content":"## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.","sortOrder":35},{"sectionNumber":"30","sectionType":"part","heading":"Advice on unclassified matter on television","content":"## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.","sortOrder":36},{"sectionNumber":"31","sectionType":"part","heading":"Scheduling television advertising","content":"## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.","sortOrder":37},{"sectionNumber":"Part 8","sectionType":"part","heading":"Additional guidelines for radio","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":38},{"sectionNumber":"32","sectionType":"part","heading":"Application","content":"## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.","sortOrder":39},{"sectionNumber":"33","sectionType":"part","heading":"Offensive language on radio","content":"## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.","sortOrder":40},{"sectionNumber":"34","sectionType":"part","heading":"Sexual acts on radio","content":"## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.","sortOrder":41},{"sectionNumber":"35","sectionType":"part","heading":"Sexual themes on radio","content":"## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.","sortOrder":42},{"sectionNumber":"Part 9","sectionType":"part","heading":"Complaints","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":43},{"sectionNumber":"36","sectionType":"part","heading":"Complaints procedures","content":"## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).","sortOrder":44},{"sectionNumber":"37","sectionType":"part","heading":"Publicity for complaints procedures","content":"## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.","sortOrder":45},{"sectionNumber":"38","sectionType":"part","heading":"Records of complaints","content":"## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.","sortOrder":46},{"sectionNumber":"39","sectionType":"part","heading":"Retention of and access to records of complaints","content":"## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.","sortOrder":47},{"sectionNumber":"Part 10","sectionType":"part","heading":"Conduct of an international broadcasting licensee","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":48},{"sectionNumber":"40","sectionType":"part","heading":"Control of matter","content":"## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.","sortOrder":49},{"sectionNumber":"41","sectionType":"part","heading":"Offences against laws","content":"## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.","sortOrder":50},{"sectionNumber":"42","sectionType":"part","heading":"Intellectual property rights","content":"## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.","sortOrder":51},{"sectionNumber":"Part 11","sectionType":"part","heading":"Applicants for an international broadcasting licence","content":"# Part 2—Privacy, causing serious offence, and vilification\n\n## 8 Privacy\n\n(1) A program should not include the broadcasting of matter that:\n\n(a) relates to an individual’s personal or private affairs; or\n\n(b) intrudes on an individual’s privacy.\n\n(2) Subsection (1) does not apply if the matter is in the public interest.\n\n## 9 Matter causing serious offence or hatred\n\n(1) A program should not include matter that is likely:\n\n(a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or\n\n(b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national or ethnic origin, disability, race, religion or sexual preference.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose;\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 3—Simulation of events\n\n## 10 Simulated events\n\n(1) A program should not include matter that simulates an event in a way that is likely to alarm or mislead the international audience.\n\n(2) Subsection (1) does not apply if the matter is both:\n\n(a) presented reasonably, and in good faith; and\n\n(b) any of the following:\n\n(i) material of an artistic nature;\n\n(ii) a statement that is made, or a discussion or debate that is held, for an academic, artistic or scientific purpose; or\n\n(iii) a statement that is made, or a discussion or debate that is held, for a public interest purpose that is not mentioned in subparagraph (ii).\n\n(3) Subsection (1) does not apply if the matter is a comment on, or a fair report of, an event or matter of public interest.\n\n  \n\n# Part 4—Broadcasting to children\n\n## 11 General guideline\n\nMatter in a children’s program should deal with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children.\n\nNote: The definition of a program in subsection 6(1) of the Act includes advertising or sponsorship matter, whether or not of a commercial kind.\n\n## 12 Advertisements produced for children\n\n(1) This section applies to an advertisement for a product or service for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\n(2) The advertisement should, as far as practicable, represent accurately the product or service.\n\n(3) The advertisement should not have the effect of putting undue pressure on children in the international audience to purchase the product or service.\n\n(4) The advertisement should not state or imply that:\n\n(a) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(b) a person who purchases or provides the product or service is more generous than another person.\n\n(5) If the advertisement makes a representation about a food product, the advertisement should not contain any false or misleading information about the nutritional value of the product.\n\n(6) If the advertisement mentions the price of a product or a service:\n\n(a) the advertisement should, as far as practicable, represent accurately the price; and\n\n(b) the advertisement should not, as far as practicable, qualify the price by words such as ‘only’ or ‘just’.\n\n(7) If the advertisement includes a representation about a product (including toys and games), or a service, the advertisement should not show a person using the product or service in a way that does not fairly indicate the performance that a person of the same age could reasonably obtain from those, or similar, products or services.\n\n(8) If the advertisement includes a representation about an accessory that is required to use an advertised product properly, the advertisement should:\n\n(a) make it clear that the accessory is required; and\n\n(b) differentiate clearly between the price of the product and the price of the accessory.\n\nNote: The following are examples of accessories:\n\n1 A battery.\n\n2 A transformer.\n\n3 Doll’s clothes.\n\n(9) If the advertisement is in the form of a live‑action presentation of a product, the advertisement should make a representation about the size of the product by a reasonably clear reference to something that a child could readily recognise.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 13 Promotions in children’s programs\n\n(1) This section applies to a program:\n\n(a) that is not an advertisement; and\n\n(b) for which a significant component of the international audience that will see or hear the advertisement is likely to be children.\n\nNote: Advertisements are dealt with in section 12.\n\n(2) The program should not include an attempt by:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a guest or character in the program;\n\nto sell, to promote, or to recommend, products or services.\n\n(3) The program should not include matter that is an attempt to sell, to promote, or to recommend, a product that:\n\n(a) depicts:\n\n(i) the host of the program; or\n\n(ii) another regular presenter of the program; or\n\n(iii) a guest or character in the program; or\n\n(b) includes the name of any of those people; or\n\n(c) is displayed in packaging that includes the name of, or depicts, any of those people.\n\n(4) The program should not include matter that is an attempt to sell, to promote, or to recommend, a service that includes the name of:\n\n(a) the host of the program; or\n\n(b) another regular presenter of the program; or\n\n(c) a character in the program.\n\n(5) The program should not include matter that is an attempt to sell, to promote, or to recommend:\n\n(a) an alcoholic beverage; or\n\n(b) medicine; or\n\n(c) a narcotic substance.\n\n(6) If the program includes matter that is an attempt to sell, to promote, or to recommend, a product or a service that is permitted under this section:\n\n(a) the matter should be presented as a discrete part of the program; and\n\n(b) the audience should be informed:\n\n(i) during the program, and immediately before the presentation of the matter; and\n\n(ii) in a way that it would be reasonable to expect children to understand;\n\nthat the matter has a sponsor; and\n\n(c) the matter should not have the effect of putting undue pressure on children in the international audience to purchase the product or service; and\n\n(d) the matter should not state or imply that:\n\n(i) the product or service will have the effect of making children who have it or use it superior to other children; or\n\n(ii) a person who purchases or provides the product or service is more generous than another person.\n\nNote: The requirements in this section are additional to the requirements in Part 6.\n\n## 14 Competitions\n\n(1) This section applies to the broadcast of matter that deals with a competition in which children may participate.\n\n(2) The matter should:\n\n(a) state clearly a summary of the principal rules of the competition; and\n\n(b) state accurately, clearly and fairly the chance of winning a prize.\n\n(3) If a significant component of the international audience for the program is likely to be children, the matter should refer to a prize in the competition briefly and without unreasonable repetition.\n\n  \n\n# Part 5—News and current affairs\n\n## 15 Application\n\nThis Part applies to the following programs:\n\n(a) a news bulletin; and\n\n(b) a news flash; and\n\n(c) a news update; and\n\n(d) a current affairs program.\n\n## 16 General guideline\n\nA program should consist of matter that:\n\n(a) is presented accurately, having regard to the circumstances existing when the program is broadcast; and\n\n(b) represents opinions fairly, having regard to the circumstances existing when the program is broadcast; and\n\n(c) clearly distinguishes between factual material, simulation, and commentary and analysis; and\n\n(d) treats with sensitivity images of, or interviews with, bereaved people and survivors and witnesses of traumatic incidents.\n\n## 17 Impartiality\n\n(1) A program should be impartial.\n\n(2) As part of the assessment of impartiality in a program:\n\n(a) it is not necessary for the presenter or editorial staff involved in the program to be uncritical or unquestioning of an event or opinion; and\n\n(b) it is not necessary for the program to give equal time to the treatment of differing opinions about a matter.\n\n## 18 Balance\n\n(1) A program should be balanced.\n\n(2) As part of the assessment of balance in a program:\n\n(a) it is not necessary for the program to present all the significant opinions about a matter; but\n\n(b) it is appropriate to consider whether all the significant opinions will be presented in one or more similar programs within a reasonable period.\n\nNote: A program may be the first or last in a series of similar programs. The reasonable period in which all of the significant opinions should be presented may have started before the date of an individual program.\n\n## 19 Presentation of matter\n\n(1) The matter in a program should not be presented in a manner that is likely to cause a substantial component of the international audience to panic.\n\n(2) If a program includes matter about the behaviour of a group of people or businesses, the matter should not identify unfairly an individual member of the group.\n\n(3) A program should not include matter that identifies or depicts an individual or a group of people in a negative way, based on the gratuitous emphasis of any of the following attributes:\n\n(a) age;\n\n(b) colour;\n\n(c) gender;\n\n(d) national or ethnic origin;\n\n(e) physical or mental disability;\n\n(f) race;\n\n(g) religion; or\n\n(h) sexual preference.\n\n(4) However, subsection (3) does not apply if the broadcast of the matter is in the public interest.\n\n## 20 Presentation of death or injury\n\n(1) This section applies to a program if the matter in the program is likely to include any of the following:\n\n(a) images of one or more dead people;\n\n(b) images of one or more seriously wounded or injured people;\n\n(c) images of one or more bereaved people; or\n\n(d) an interview with one or more bereaved people.\n\n(2) The matter should be presented, as far as practicable, in a way that is appropriate having regard to:\n\n(a) the likely feelings of the international audience; and\n\n(b) the importance of avoiding serious offence or distress.\n\n(3) If it is practicable before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n(4) The matter should not identify directly or indirectly a victim of a violent accident or crime before the members of the victim’s immediate family are notified of the accident or crime by the relevant authority.\n\n## 21 Presentation of suicide\n\n(1) This section applies to a program if the matter in the program is likely to refer (by images or a report) to:\n\n(a) suicide; or\n\n(b) attempted suicide.\n\n(2) The matter may be broadcast only if it is in the public interest.\n\n(3) If the matter is broadcast, the matter:\n\n(a) should be presented in a straightforward manner; and\n\n(b) should not describe or portray in detail the method in which the suicide was committed or attempted; and\n\n(c) should not include a description or portrayal of an event, or an opinion, that is intended to make suicide appear glamorous or attractive.\n\n  \n\n# Part 6—Advertising\n\n## 22 Application\n\n(1) This Part applies to the content and scheduling of an advertisement.\n\n(2) The requirements in this Part are additional to the requirements in Part 4.\n\nNote: Part 4 deals with advertising that is directed at children, or that appears in a children’s program.\n\n## 23 Compliance with relevant Australian advertising codes\n\nAn advertisement should comply with the requirements of each applicable Australian advertising code of practice:\n\n(a) as if the advertisement were to be broadcast in Australia; and\n\n(b) whether or not the code is expressed to be binding on the advertisers and advertisements to which it relates.\n\nNote: The Australian Association of National Advertisers (AANA) is an industry body that has adopted a range of codes of practice and advertising standards that apply to all advertising in Australia. The website of the AANA is www.aana.com.au.\n\n## 24 Tobacco products\n\nAn advertisement should not attempt to sell, to promote, or to recommend, cigarettes, cigars, e‑cigarettes, tobacco or a tobacco product.\n\nNote: The Public Health (Tobacco and Other Products) Act 2023 provides for the prohibition of the publishing of tobacco and e‑cigarette advertisements.\n\n## 25 Content and scheduling of advertising\n\nAn advertisement’s content and scheduling should be appropriate having regard to:\n\n(a) current Australian community attitudes; and\n\n(b) the need, in accordance with those standards, to limit the exposure of children to matter that is only appropriate to an adult audience.\n\n  \n\n# Part 7—Assessing and scheduling matter for radio and television\n\n## 26 General guideline\n\n(1) An international broadcasting licensee should schedule matter only after taking into account the likely cultural sensitivities of the international audience.\n\n(2) In particular, the licensee should take the following into account:\n\n(a) the major component of the audience; and\n\n(b) if the matter is broadcast when the audience would reasonably be expected to include a significant number of children, whether the matter would be distressing or harmful to children; and\n\n(c) if the matter is primarily directed at children, whether the matter deals with a topic in a manner that has sufficient regard to the healthy educational, emotional and physical development of children; and\n\n(d) if the audience is located in more than one time zone, the composition of the audience in each zone.\n\n(3) If the matter is a program promotion, news update or news flash that is to be broadcast during the broadcast of a film to which section 27 applies, the licensee should also take into account whether the matter is consistent with the assessment of the film under that section.\n\n## 27 Assessment of classification of television films\n\n(1) If an international broadcasting licensee proposes to broadcast a film or a drama program on television, the licensee should deal with the film or program in accordance with the classification given to it under the classification system.\n\n(2) The film or drama program should not be broadcast if it would be classified R, X or RC.\n\n## 28 Assessment of suitability of television films\n\n(1) If a film may be broadcast in accordance with section 27, the international broadcasting licensee that proposes to broadcast it should also assess whether the film is suitable for the major component of the international audience.\n\n(2) The assessment should be completed before the film is broadcast.\n\n(3) If the film would be classified M or MA under the classification system, the film is not suitable for the major component of the international audience if that audience is likely to include a significant number of children.\n\n(4) If the film is not suitable for the major component of the international audience, the licensee should make every reasonable effort to modify the film to make it suitable.\n\n## 29 Markings and warnings for television films\n\n(1) If a film or a drama program may be broadcast in accordance with section 27, the international broadcasting licensee should, as part of the broadcast:\n\n(a) display each marking that is required under the classification system; and\n\n(b) make each warning or statement that is required under the system.\n\nNote: See section 8 of the Classification Act.\n\n(2) The marking, warning or statement should be shown or made in the way that is required under the classification system.\n\n## 30 Advice on unclassified matter on television\n\n(1) This section applies to matter (other than a film that may be broadcast in accordance with section 27) if:\n\n(a) the matter is likely to seriously offend or distress a substantial component of the international audience; and\n\n(b) the broadcast of the matter is in the public interest; and\n\n(c) sections 20 and 21 do not apply.\n\nNote: Sections 20 and 21 deal with certain matters in news and current affairs.\n\n(2) Before the matter is broadcast:\n\n(a) the audience should be warned about the nature of the matter; and\n\n(b) the warning should give a member of the audience a reasonable opportunity to avoid seeing or hearing the matter before it is broadcast; and\n\n(c) the warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience; and\n\n(d) the warning should be broadcast in an audio or visual format that is presented at a time, and in a manner, that is likely to be understood by that audience.\n\n## 31 Scheduling television advertising\n\n(1) This section applies if an advertisement:\n\n(a) is to be broadcast on television; and\n\n(b) contains matter that is likely to be of particular concern or sensitivity to a component of the international audience.\n\n(2) The advertisement should be scheduled in a way that reduces the concern or sensitivity as much as practicable.\n\n  \n\n# Part 8—Additional guidelines for radio\n\n## 32 Application\n\n(1) This Part applies to matter that is to be broadcast by radio.\n\n(2) The requirements in this Part are additional to the requirements in other Parts of these guidelines.\n\n## 33 Offensive language on radio\n\nThe matter should not include language that is:\n\n(a) gratuitous to the matter, or the theme of the matter; and\n\n(b) likely to offend the international audience.\n\n## 34 Sexual acts on radio\n\nThe matter should not include sound that relates to a sexual act.\n\n## 35 Sexual themes on radio\n\n(1) This section applies to matter that:\n\n(a) is the content of a feature program, or a promotion for a feature program; and\n\n(b) has an explicit sexual theme as its core component.\n\n(2) The matter may be broadcast if:\n\n(a) the broadcast is in the public interest; or\n\n(b) the matter is included in a discussion or debate about current events.\n\n(3) In any other case, the international broadcasting licensee that proposes to broadcast the matter should not decide whether to broadcast the matter until the licensee has had regard to the composition of the major component of the international audience.\n\n(4) If the licensee decides to broadcast the matter, in accordance with subsection (2) or (3):\n\n(a) the licensee should broadcast a warning that gives a reasonable indication of the nature of the matter:\n\n(i) before any broadcast of the matter; and\n\n(ii) at hourly intervals during any broadcast of the matter; and\n\n(b) each warning should be broadcast in the principal language used in the broadcast.\n\n(5) A warning should not include anything that is likely to seriously offend or distress a substantial component of the international audience.\n\n  \n\n# Part 9—Complaints\n\n## 36 Complaints procedures\n\n(1) An international broadcasting licensee should establish and maintain a written procedure to handle a complaint made to the licensee about the international broadcasting service operated by the licensee.\n\n(2) The procedure should ensure that the licensee:\n\n(a) makes every reasonable effort to respond to a complaint unless it is clearly frivolous, vexatious or not made in good faith; and\n\n(b) makes every reasonable effort to correct, at the earliest practicable opportunity, a significant error of fact in matter broadcast by the licensee, whether or not the error is the subject of a complaint; and\n\n(c) gives a suitable remedy in relation to a justified complaint.\n\nNote: Examples of remedies include:\n\n1 Broadcasting a reply.\n\n2 Broadcasting an apology.\n\n3 Removing offensive material from matter.\n\n(3) The procedure should also provide for complaints that are made by telephone by ensuring that the licensee:\n\n(a) makes every reasonable effort to satisfy the complaint during a telephone call; but\n\n(b) is able to ask the complainant to make the complaint in writing if it is not practicable to satisfy the complaint during the telephone call.\n\n(4) The procedure should also provide for complaints that are made by ensuring that the licensee acknowledges a complaint, and answers it in writing, within 30 days after receiving the complaint.\n\n(5) The procedure should use the language of the major component of the international audience.\n\n(6) The procedure may deal with matters other than those set out in subsections (2), (3), (4) and (5).\n\n## 37 Publicity for complaints procedures\n\n(1) An international broadcasting licensee should regularly give the following information to the international audience:\n\n(a) the existence of the complaints procedures mentioned in section 36; and\n\n(b) information that would enable a complaint to be made to the licensee, including the licensee’s:\n\n(i) street address; and\n\n(ii) e‑mail address; and\n\n(iii) telephone number.\n\n(2) The licensee:\n\n(a) should give the information during broadcasts that are under the licensee’s control; and\n\n(b) should give the information using the language of the major component of the international audience; and\n\n(c) may also give the information in other ways.\n\n## 38 Records of complaints\n\n(1) An international broadcasting licensee should keep a record of each complaint that the licensee receives about:\n\n(a) an international broadcasting service that is operated by the licensee; or\n\n(b) matter that is broadcast on the service.\n\n(2) The record of a complaint should include at least the following information:\n\n(a) the name or nature of the broadcast to which the complaint relates, and the date on which the broadcast happened;\n\n(b) the day, and the time at which, the complaint was received by the licensee;\n\n(c) the name, and address or telephone number, of the complainant (if they have given that information to the licensee);\n\n(d) a brief statement of the substance of the complaint;\n\n(e) a brief statement of the substance of the response by the licensee to the complaint and the date on which the licensee responded to the complaint.\n\n## 39 Retention of and access to records of complaints\n\n(1) An international broadcasting licensee must retain records required under section 38 for a period of two years after the date on which the complaint was received.\n\n(2) If the ACMA asks an international broadcasting licensee, in writing, to inspect a record mentioned in section 38 that is kept by the licensee, the licensee should, within a reasonable time after the request is made, produce the record (or a copy of the record) to the ACMA.\n\n(3) If an international broadcasting licensee keeps records under subsection (1) it should take such steps as are reasonable in the circumstances:\n\n(a) to protect the information from misuse, interference and loss, unauthorised access, modification or disclosure; and\n\n(b) to ensure the information is disposed of, or destroyed, in a secure manner where the record is no longer necessary under this instrument or any other applicable laws.\n\n  \n\n# Part 10—Conduct of an international broadcasting licensee\n\n## 40 Control of matter\n\nAn international broadcasting licensee should make every reasonable effort to ensure that:\n\n(a) matter that the licensee broadcasts complies with each requirement of these guidelines that applies to the matter; and\n\n(b) each broadcast that is made under the licensee’s control complies with each requirement of these guidelines that applies to broadcasting.\n\n## 41 Offences against laws\n\nAn international broadcasting licensee should not use an international broadcasting service in the commission of an offence against the law of the Commonwealth or of a State or Territory.\n\n## 42 Intellectual property rights\n\nAn international broadcasting licensee should:\n\n(a) respect the intellectual property rights that exist in matter; and\n\n(b) not broadcast a program that includes matter that infringes the intellectual property rights of any person.\n\n  \n\n# Part 11—Applicants for an international broadcasting licence\n\n## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":52},{"sectionNumber":"43","sectionType":"part","heading":"Commitment to guidelines","content":"## 43 Commitment to guidelines\n\n(1) If an applicant for an international broadcasting licence commits in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.\n\n(2) If an applicant for an international broadcasting licence does not commit in their application to abide by these guidelines, this will be taken into account for the purposes of preparing a report to the Minister for Foreign Affairs under section 121FB of the Act regarding the allocation of a licence.","sortOrder":53}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":725},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The guidelines appear consistent with their original purpose of regulating international broadcasting services. The 2026 instrument replaces the 2016 version with updated references (e.g., Public Health (Tobacco and Other Products) Act 2023 replacing older tobacco legislation) but maintains the same structural scope covering program content, advertising, children's protections, news standards, and complaints handling."},"complexity_factors":["11 distinct Parts covering diverse subject matter (privacy, children, news, advertising, radio, complaints, etc.)","Multiple nested exceptions (e.g., 'does not apply if...' followed by sub-exceptions)","Cross-references to external classification systems (Classification Act), advertising codes (AANA), and other Commonwealth legislation","Conditional logic based on audience composition (e.g., 'significant component of the international audience', 'major component of the audience')","Defined terms that themselves reference other legislation (e.g., 'medicine' from Therapeutic Goods Act, 'narcotic substance' from Customs Act)","Overlapping obligations between Parts (e.g., Part 4 and Part 6 both address children's advertising)","Temporal and procedural requirements (30-day response, 2-year retention, hourly warnings for radio)","Subjective standards requiring judgment ('reasonable effort', 'likely to offend', 'sufficient regard')"],"plain_english_summary":"These guidelines govern Australia’s TV and radio services aimed at overseas audiences, applying to holders of international broadcasting licences. They require ethical content: protect privacy, bar hate speech and misleading simulations, set strict child‑protection and advertising rules, enforce news accuracy and sensitive reporting, and limit adult material and certain film classifications.\n\nLicensees must also follow radio‑specific decency rules, maintain complaints procedures and records, respect laws and IP, and correct errors to safeguard audiences and Australia’s reputation abroad."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This instrument largely restates and updates the prior international broadcasting guidelines rather than materially expanding scope. It continues to cover the same subject‑matter: content standards (privacy, hate, simulated events), protections for children, advertising rules, news impartiality, classification compliance, complaints procedures, record‑keeping and applicant commitments (Parts 2–11). Changes appear to be incremental and administrative: updated cross‑references (for example to the Public Health (Tobacco and Other Products) Act 2023 for tobacco advertising, ss.23–24), detailed procedural clarifications (retention period for complaints records, s.39), and reissued standards. The instrument does not introduce a new regulatory regime or new criminal offences beyond reinforcing record‑keeping and ACMA access; it remains a set of guidelines that rely on existing statutory enforcement pathways under the Broadcasting Services Act 1992 (s.3)."},"complexity_factors":["~43 numbered sections/clauses across 11 Parts","~15 defined terms in the Interpretation/Definitions (s.6)","Multiple cross‑references to external statutes: Broadcasting Services Act 1992, Classification Act 1995, Therapeutic Goods Act 1989, Customs Act 1901, Public Health (Tobacco and Other Products) Act 2023","Frequent use of conditional exemptions (public interest; presented reasonably and in good faith; artistic/academic/scientific purpose) creating interpretive discretion (ss.8–10, 9(2))","Mixed normative language: large number of “should” (soft obligations) with a few “must”/mandatory provisions (record retention: s.39(1))","Requirement to apply external classification categories (R, X, RC, M, MA) — reliance on an external, partly state‑administered system (ss.27–29)","Operational complexity from scheduling rules across time zones and multilingual audiences (s.26(2)(d), ss.32–35)","Detailed procedural obligations for complaints handling and records (ss.36–39) increase administrative load","Repetition and duplication of text in the instrument as provided (drafting errors) increases practical complexity and interpretive uncertainty","Limited precise definitions for open standards like “public interest”, “major component of the international audience”, and “presented reasonably” (s.6 and multiple Parts)"],"plain_english_summary":"**What this instrument does (mechanically)**\n\n- Replaces the 2016 international broadcasting guidelines and establishes the Broadcasting Services (International Broadcasting) Guidelines 2026 under the Broadcasting Services Act 1992 (authority: s.121FP) (see s.3–4).\n- Sets content and conduct standards that international broadcasting licence holders must follow or take reasonable steps to follow when operating services aimed at audiences outside Australia (object: s.5; defined terms: s.6).\n- Addresses a wide range of topics including: privacy (s.8), material likely to cause serious offence or vilification (s.9), simulated events (s.10), protections for children and limits on advertising and promotions to children (Parts 4 and 6; ss.11–14, 22–25), news and current affairs standards including impartiality and balance (Part 5; ss.15–21), film classification and on‑screen markings (ss.27–29), radio‑specific rules (Part 8; ss.32–35), complaints handling and record‑keeping (Part 9; ss.36–39), intellectual property and legal compliance (ss.41–42), and licence‑application considerations (s.43).\n\n**Who it affects**\n\n- International broadcasting licensees (holders of international broadcasting licences) and their editorial and scheduling staff — they are the primary actors required to apply the guidelines (see ss.26, 40).\n- Applicants for international broadcasting licences — whether they commit to abide by the guidelines is material to the Minister’s allocation report (s.43, cross‑ref s.121FB of the Act).\n- Program producers, advertisers and sponsors whose material is intended for international broadcast by licensed services (Parts 4 and 6).\n- Audiences outside Australia, because the standards are calibrated to the likely cultural sensitivities of the international audience (s.6 definition; s.26).\n- The ACMA (Australian Communications and Media Authority) and the Minister for Foreign Affairs as enforcement/oversight and decision‑making actors (records inspection and the Minister’s report: ss.39, 43).\n\n**How it works in practice (behavioural and administrative effects)**\n\n- Editorial decisions remain with the licensee but must be made with the guidelines in mind. The instrument repeatedly uses “should” to create soft obligations that require licensees to make \"every reasonable effort\" to comply (e.g. s.40) rather than imposing universal criminal sanctions within this instrument.\n- For specific categories of content (privacy, hate/vilification, simulated events, suicide), the guidelines ban or restrict broadcasting unless exemptions apply (public interest, material presented reasonably and in good faith, artistic/academic/scientific purpose) — see ss.8–10, 21.\n- Children’s content and advertisements directed at children carry detailed restrictions (accuracy, no undue pressure, disclosure of sponsorship, prohibitions on promoting alcohol/medicine/narcotics in children’s programming) and additional scheduling requirements (ss.11–14, 12(5)–(9)).\n- Television films must comply with the external classification system (Classification Act or state/territory equivalent); films classified R, X or RC must not be broadcast; M/MA require extra care when children are part of the audience (ss.27–29).\n- Advertising must comply with applicable Australian advertising codes as if broadcast in Australia and explicitly bans tobacco/e‑cigarette promotion (ss.23–24). Scheduling should limit children’s exposure to adult content (s.25).\n- Licensees must maintain a written complaints procedure, publicise how to complain in the major language(s) of the audience, keep records of complaints and retain those records for two years; ACMA can request inspection of those records (ss.36–39).\n- Licensees are required to respect intellectual property rights and not to use services to commit offences (ss.41–42).\n\n**Official purpose claim and practical testing against costs, incentives and trade‑offs**\n\n- Official claim: the instrument sets out arrangements for proposed and operational international broadcasting services, programs and conduct of licensees (s.5).\n- Costs and compliance burden: licensees bear costs for editorial oversight, cultural sensitivity checks, classification reviews, on‑air warnings/markings, complaints handling, record keeping (2‑year retention) and possible modification of films to make them suitable (ss.28, 29, 36–39). Scheduling across multiple time zones and multilingual audiences increases complexity (s.26(2)(d)).\n- Incentives: using “should” and reasonableness standards gives licensees flexibility but creates incentives for conservative editorial choices to avoid complaints or supervision; applicants who commit to these guidelines may gain a comparative advantage in licence allocation reports (s.43).\n- Enforcement and decision makers: the Minister receives allocation reports and ACMA can request complaint records (ss.43, 39). The instrument relies on regulatory oversight plus reputational and administrative levers rather than creating many new criminal offences within the instrument itself.\n- Trade‑offs and opportunity costs: editorial resources devoted to compliance (classification checks, warnings, scheduling) are time and cost not available for other production or distribution activities. Advertising restrictions (notably tobacco prohibitions and children’s advertising limits) can reduce potential revenue sources, particularly for services that previously monetised through such ads.\n- Implementation risk: ambiguity where terms like “public interest”, “major component of the international audience”, “presented reasonably and in good faith” are not finely defined (ss.6, 9(2), 10(2)). Reliance on external classification systems (Classification Act or state/territory law) introduces cross‑jurisdictional dependencies (ss.6, 27–29).\n\n**Concrete decision and payment flows**\n\n- Who pays: the licensee (operator) pays the administrative and editorial compliance costs (s.40; Parts 4, 6, 9). Advertisers may indirectly bear costs through restricted ad formats and scheduling.\n- Who decides: editorial staff and licensees make day‑to‑day decisions about content and scheduling; ACMA can request records and the Minister evaluates licence allocation reports (ss.39, 43).\n- Behaviour changes: expect increased pre‑broadcast checks, on‑air warnings or markings, tighter rules around children’s programming and promotions, formalised complaints handling and record management.\n\n**Specific, cited obligations and notable provisions**\n\n- Privacy: do not broadcast matter about an individual’s private affairs unless in the public interest (s.8).\n- Hate/vilification: avoid matter likely to seriously offend cultural sensitivities or incite hatred on enumerated grounds; exemptions where content is reasonable, in good faith, artistic/academic/scientific or fair report (s.9).\n- Simulated events: do not broadcast simulations likely to alarm or mislead unless reasonable/good faith/artistic/public interest or fair report (s.10).\n- Children’s advertising and promotions: detailed limits and disclosure requirements; prohibitions on promoting alcohol, medicine or narcotics in children’s programs (ss.12–13).\n- Television film classifications: adhere to the external classification system; R/X/RC are prohibited; M/MA need audience suitability checks (ss.27–28).\n- Complaints: written complaints procedure, respond to complaints (except clearly frivolous), remediate factual errors, acknowledge and answer in writing within 30 days, keep records for 2 years, provide records to ACMA on request (ss.36–39).\n\n**Practical note on enforceability**\n\n- Many directives are phrased as guidelines (use of “should”), creating expectation of reasonableness rather than strict criminal liability within this instrument. However, failing to maintain complaint records or produce them to ACMA if requested engages a stronger statutory obligation (s.39(1)–(2)).\n\n**Overall takeaway**\n\nThis instrument restates and updates operational and editorial guidance for international broadcasting licensees, translating content‑sensitivity, children’s protection, advertising, classification, complaints handling and record‑keeping into specific procedural and scheduling expectations. The primary burdens fall on licensees (editorial, scheduling, administrative), while oversight remains with ACMA and the Minister via existing statutory mechanisms (ss.39, 43)."}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026","history":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026/history","analysis":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026/analysis","conflicts":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026/conflicts","importantCases":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026/important-cases","documents":"/api/acts/broadcasting-services-international-broadcasting-guidelines-2026/documents"}}