Commonwealth Consolidated Acts

BROADCASTING SERVICES ACT 1992 - SECT 61BF

Scope

  (1)   This section applies if:

  (a)   a person is in a position to exercise control of each media operation in a set of media operations; and

  (b)   a newspaper is in the set; and

  (c)   material published in a particular edition of the newspaper is wholly or partly about:

  (i)   the business affairs of a commercial television broadcasting licensee whose licence is in the set; or

  (ii)   the business affairs of a commercial radio broadcasting licensee whose licence is in the set.

Note:   For business affairs , see section   61BH.

Requirement to disclose cross - media relationship

  (2)   If subparagraph   (1)(c)(i) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial television broadcasting licensee.

  (3)   It is sufficient if the statement under subsection   (2) is to the effect that there is a cross - media relationship between the publisher and the commercial television broadcasting licensee.

  (4)   If subparagraph   (1)(c)(ii) applies, the publisher of the newspaper must cause to be published in the same edition of the newspaper a statement describing (whether in summary form or otherwise) the relationship between the publisher and the commercial radio broadcasting licensee.

  (5)   It is sufficient if the statement under subsection   (4) is to the effect that there is a cross - media relationship between the publisher and the commercial radio broadcasting licensee.

How statement is to be published

  (6)   A statement under subsection   (2) or (4) must be published in a way that will adequately bring it to the attention of a reasonable person who may have read the material mentioned in paragraph   (1)(c).

  (7)   The regulations may provide that subsection   (6) is taken to have been complied with if the statement is published in the manner specified in, or ascertained in accordance with, the regulations.

Offence

  (8)   A person commits an offence if:

  (a)   the person is subject to a requirement under this section; and

  (b)   the person omits to do an act; and

  (c)   the omission breaches the requirement.

Penalty for contravention of this subsection: 2,000 penalty units.