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Focus: New Children's Television Standards for commercial television

7 September 2009

In brief: The Australian Communications and Media Authority has released the Children's Television Standards 2009 and issued a final report on the Review of the Children's Television Standards 2005. Commercial television broadcasters and those advertising during designated viewing times on commercial free-to-air television will need to be aware of these new standards, which relate to the provision of children's programs and advertising safeguards. Partner Niranjan Arasaratnam (view CV) and Lawyer Valeska Bloch report.

How does it affect you?

  • The new Children's Television Standards 2009 (CTS 2009) will replace the current Children's Television Standards 2005 (CTS 2005) from 1 January 2010.
  • Commercial television licensees must provide their children's (C) and preschool children's (P) program schedules for 2010 to ACMA by 31 December 2009.
  • At least until analogue switch-off, CTS 2009 will only relate to the core commercial television broadcasting service and not to the multi-channels provided by commercial television broadcasting licensees.
  • CTS 2009 does not impose any additional requirements on industry in relation to food and beverage advertising, although this may be revisited following ACMA's monitoring of the effectiveness of industry initiatives to restrict advertisements to children in children's free-to-air viewing times over the next 12 months.
  • CTS 2009 introduces a second option for scheduling programs during C periods.

Background

The Australian Communications and Media Authority (ACMA) commenced a review of CTS 2005 in March 2007, with the aim of ensuring the continued relevance and effectiveness of the children's television standards (CTS). Following extensive public consultation and the release of an issues paper, draft standards and an accompanying report, ACMA has developed and released CTS 2009 to replace CTS 2005. It has also published a final report on the review of CTS 2005.

As with CTS 2005, compliance with CTS 2009 is compelled by a licence condition imposed on commercial television broadcasting licensees.

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When does CTS 2009 come into effect?

The new CTS 2009 comes into effect on 1 January 2010. However, the requirement that licensees submit their 2010 annual schedules by 31 December 2009 will have effect from the day after CTS 2009 is registered.

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Key features of CTS 2009

Programming requirements

The programming provisions in CTS 2009 set out quota, scheduling, notification and classification requirements for children's programming.

  • Programming quotas: Existing programming quotas and sub-quotas have been retained. Each commercial television licensee must show 260 hours of C material and 130 hours of P material each year. In addition, licensees must comply with minimum broadcast hours of Australian drama within the overall quota of C material, in accordance with the Australian Content Standard.
  • Timing of programs: The commencement time of the C band on weekday afternoons has been retained, but the morning C band has been extended to 8.30am on weekdays. The P time band (ie the period between 7am and 4.30pm on weekdays) has been retained.
  • Block scheduling for C programs: Licensees now have the option either to:
    • continue to broadcast C material for at least 30 minutes every weekday; or
    • broadcast C material for at least a 60-minute block on at least two days per week (whether weekday or weekend).

Licensees must still comply with the programming quotas and timing requirements set out above.

  • Notification of program schedules : Licensees must now notify ACMA and the public about their C and P program schedules by:
    • submitting their C and P period schedules to ACMA annually; and
    • publishing their C and P program schedule in the main program guide on their website.
  • Schedule displacement: Both C and P programs may now be displaced:
    • when a major sporting event can reasonably be expected to run over time; or
    • for an event of State or Territory importance.
  • Notifications of variations and displacements: Licensees must now notify ACMA of variations and displacements to their C and P period schedules. On-air notifications of schedule variations and expected schedule displacements must occur:
    • immediately before, during or immediately after the time the program was originally scheduled to be broadcast; and
    • at a time when both children and parents, or adult carers, are likely to be watching television together.
  • Classification: The classification criteria has been retained; however, there is now scope for classification to be undertaken by a person or body nominated by ACMA.
  • Tradeable obligations: CTS has not been amended to allow trading of CTS obligations. An example of CTS trading includes one licensee broadcasting another licensee's C and P programs for a fee. ACMA may review this issue once the digital multi-channel environment is more mature.
Advertising and protection requirements

The protection provisions aim to protect children from unsuitable and potentially harmful program and advertising material.

  • Food and beverage advertising: CTS 2009 does not impose any additional requirements on industry in relation to food and beverage advertising.
  • Presentation of prizes: Disclosure of the value of a cash prize is now permitted.
  • Premium offers: The disclaimers and premium offers provisions have been clarified. Any reference to a premium offer in an advertisement must be merely incidental to the reference to the product being advertised. Similarly, where a food product is advertised, any reference to a non-food product must be merely incidental to the reference to the food component. CTS 2009 provides a list of factors relevant to whether a premium offer is merely incidental.
  • Promotion by popular characters: Certain popular characters and personalities cannot be used to promote a commercial product or service. CTS 2009 expands the list of such characters and personalities, including encompassing proprietary characters. Note that there are exemptions to the prohibition on promotion by popular characters where:
    • an advertisement depicts a product in the form in which it is usually offered for sale (eg where product logos feature a popular character or personality), although animation of the character to endorse the product is not permitted;
    • the character endorses a toy or game when that character is represented in that toy or game; or
    • the advertisement contains only generic statements about nutrition, safety, education or like matters.

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What are ACMA's next steps?

  • ACMA will review the block programming option 12 months after the introduction of CTS 2009 to determine its impact on C program scheduling, including accessibility of C programs to children.
  • Over the next 12 months, ACMA will monitor the effectiveness of industry initiatives to restrict advertisements to children in children's free-to-air viewing times to those that promote healthy dietary choices.
  • ACMA is preparing a guide to CTS 2009 that will give information on what may constitute an 'event of national, State or Territory importance'.
  • ACMA will establish biannual forums involving industry to explore models for program classification.

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In summary

The new standards provide greater flexibility for commercial television licensees in the provision of programming but increased obligations in relation to notifications of variations and displacement of programming. However, ACMA has sensibly refrained from imposing restrictions on food and beverage advertising targeted to children. Any such action would require significant and compelling research on the negative effects of such advertising. In any event, this issue should be addressed by legislation rather than being delegated to ACMA. All interested industry stakeholders should lobby the government to ensure that such an important policy initiative is given a considered and balanced approach.

Published 7 September 2009

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