Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011
The Australian Communications and Media Authority determines this standard under subsection 125(2) of the Broadcasting Services Act 1992.
Dated 29 March 2011
Chris Chapman
[signed]
Member
Richard Bean
[signed]
Member/General Manager
Australian Communications and Media Authority
This standard is the Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2011.
This standard commences on 1 July 2011.
The Broadcasting Services (Anti-terrorism Requirements for Subscription Television Narrowcasting Services) Standard 2008 is revoked.
The object of this standard is to prevent the broadcasting of programs that advocate the doing of a terrorist act, or encourage people to join or finance listed terrorists.
This standard applies to persons who provide a subscription television narrowcasting service under a class licence determined under paragraph 117(c) of the Act.
In this standard:
Act means the Broadcasting Services Act 1992.
Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995.
funds has the same meaning as in the Criminal Code.
licensee means a person who provides a subscription television narrowcasting service under a class licence determined under paragraph 117(c) of the Act.
listed terrorist means:
(a) a listed terrorist organisation within the meaning of the Criminal Code; or
(b) a proscribed person or entity listed in the Gazette by the Minister for Foreign Affairs pursuant to section 15 of the Charter of the United Nations Act 1945.
recruit includes induce, incite and encourage.
terrorist act has the meaning given by section 100.1 of the Criminal Code (no matter where the action occurs, the threat of action is made or the action, if carried out, would occur).
Note: The definition of terrorist act in that section covers actions or threats of actions.
Note: The following terms used in this Standard are defined in the Act and have the meaning given by the Act: licence, program, subscription television narrowcasting service.
(1) A licensee must not broadcast a program that would be reasonably understood as directly recruiting a person to join, or participate in the activities of, a listed terrorist.
(2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).
(1) A licensee must not broadcast a program that would be reasonably understood as:
(a) soliciting funds for a listed terrorist; or
(b) assisting in the collection or provision of funds for a listed terrorist.
(2) Without limiting the generality of subsection (1), a program falls within subsection (1) if it gives details of a bank account, an address to which funds can be sent, or some other means of making payment to, or for the benefit of, a listed terrorist.
(3) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).
(1) A licensee must not broadcast a program that advocates the doing of a terrorist act.
(2) A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).
(3) Subject to subsection (4), for the purposes of this section, a program advocates the doing of a terrorist act if:
(a) it directly or indirectly counsels or urges the doing of a terrorist act; or
(b) it directly or indirectly provides instruction on the doing of a terrorist act; or
(c) it directly praises the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (within the meaning of section 7.3 of the Criminal Code) that the person might suffer) to engage in a terrorist act.
(4) A program does not advocate the doing of a terrorist act if it depicts or describes a terrorist act, but the depiction or description could reasonably be considered to be done merely as part of public discussion or debate or as entertainment or satire.
For the avoidance of doubt, sections 7, 8 and 9 are not intended to prevent a licensee from broadcasting a program that merely gives information about, or promotes the beliefs or opinions of, a listed terrorist.
Sections 7, 8 and 9 do not prevent a licensee from broadcasting an excerpt from a program of the kind described in section 7, 8 or 9 if:
(a) the excerpt is included in a news report, current affairs program, documentary or other program; and
(b) the excerpt is included as part of a bona fide report or comment on a matter of public interest.
Note