27th Mar 2018, 12:31 PM – Senate Communications Legislation Amendment (Online Content Services and Other Measures) Bill 2017 - in Committee - Exemptions and cut-offs

The majority voted against amendments (1) to (8) and (10) to (15), which were introduced by SA Senator Sarah Hanson-Young (Greens).

What do the amendments do?

Senator Hanson-Young explained that:

These amendments relate to issues I've spoken about—as did Senator Whish-Wilson in his speech, and as was in much of the debate last night—in relation to the exemption given in this current legislation that still allows Foxtel subscription services to show gambling ads on their channels, based on audience numbers. We find this ridiculous. If we agree that gambling ads should not be shown during live sporting events, they shouldn't, full stop. That's it. It should be the end of the story. There should be no exemptions just because some of those shows or some of those events are shown on a pay TV subscription channel.

The other part of the amendments deals with the issue of the cut-off time. This legislation provides for gambling ads not to be shown for five minutes before and after play starts. We believe that that is not sufficient to ensure that we protect children and minimise the harm done by these insidious gambling adverts ...

So, in order to deal with that, we think that at the very least gambling ads should not be played within the period 30 minutes before the start of the actual match. That captures the pre-match programming, whether it's entertainment or commentary, as the kids are gathering around the television and families are getting together in the lounge room or wherever it is they're watching and getting ready for the game to start. Children should be protected from these gambling ads once and for all.

Amendment text

(1) Schedule 1, item 7, page 4 (line 16), at the end of subsection 4(3AB), add:

and; (e) does not take into account the number of end-users of online content services.

(2) Schedule 1, item 7, page 4 (after line 16), after subsection 4(3AB), insert:

(3AC) Despite subsection (1), the Parliament also intends that gambling promotional content provided in conjunction with live coverage of sporting events on broadcasting services, datacasting services, internet services or online content services be regulated in a manner that is consistent across the range of those services.

(3) Schedule 1, item 8, page 4 (before line 19), before the definition of gambling promotional content, insert:

coverage has the same meaning as in Schedule 8.

(4) Schedule 1, item 8, page 4 (before line 21), before the definition of online content service, insert:

in conjunction with, when used in relation to live coverage of a sporting event, has the same meaning as in Schedule 8.

live, in relation to coverage of a sporting event, has the same meaning as in Schedule 8.

(5) Schedule 1, item 8, page 4 (after line 23), after the definition of online content service provider, insert:

sporting event has the same meaning as in Schedule 8.

(6) Schedule 1, page 5 (after line 7), after item 12, insert:

12A After subsection 123(4)

Insert:

(4A) Despite subsection (4), if:

(a) a group representing a particular section of the broadcasting industry develops a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and

(b) the code covers the provision of gambling promotional content by that section of the industry;

the ACMA must not include the code in the Register of codes of practice unless the ACMA is satisfied that the code is consistent with the objects of this Act and the regulatory policy set out in section 4.

(4B) If:

(a) a group representing a particular section of the broadcasting industry amends a code of practice to be observed in the conduct of the broadcasting operations of that section of the industry; and

(b) the amendments relate to the provision of gambling promotional content by that section of the industry; and

(c) the ACMA is not satisfied that the amendments are consistent with the objects of this Act and the regulatory policy set out in section 4;

the ACMA may remove the code from the Register of codes of practice.

(7) Schedule 1, item 13, page 5 (after line 21), after subsection 125A(3), insert:

(3A) Despite anything in section 44 of the Legislation Act 2003, section 42 of that Act (disallowance of legislative instruments) applies to a direction under subsection (1) of this section.

(8) Schedule 1, item 13, page 8 (line 21), omit "5 minutes", substitute "30 minutes".

...

(10) Schedule 1, item 13, page 9 (after line 3), after subsection 125A(14), insert:

Audience share not relevant

(14A) A gambling promotion program standard must not make provision for or in relation to a matter by reference to the size of the audience of a broadcast.

(11) Schedule 1, item 22, page 23 (after line 5), after subclause 13(4), insert:

Number of end -users not relevant

(4A) The online content service provider rules must not make provision for or in relation to a matter by reference to the number of end-users of an online content service provider.

(12) Schedule 1, item 22, page 24 (lines 12 and 13), omit paragraph 15(5)(a).

(13) Schedule 1, item 22, page 24 (lines 25 and 26), omit paragraph 15(6)(a).

(14) Schedule 1, item 22, page 25 (lines 1 to 18), omit subclauses 15(7) to (10).

(15) Schedule 1, item 22, page 29 (line 3), omit "5 minutes", substitute "30 minutes".