News in brief - February 1997

New Cross Media Rules

The Press Council has called for the introduction of new, more modern, Cross Media Ownership Rules. The Press Council was making a submission to the government on its review of the Cross Media Rules.

"The Press Council argued strongly against the Cross Media Rules when they were announced in 1986. We are now proposing a common procedure for the examination of takeovers substantially lessening competition, and for foreign investment proposals. This would promote competition, be sufficiently flexible to be adapted to new technologies and above all be open and fair to all - qualities which are conspicuously absent in the present arrangements" observed the Council's Chairman.

The Press Council believes that many Cross Media Rules should have 3 objectives:

• the maintenance and enhancement of freedom of the press and of the media;
  
  
• the promotion of plurality of media outlets, diversity of content and media ownership and competition between them in the media market; and
  
  
• the provision of a regulatory environment which permits the realisation of the full potential of the Australian media and Australian media workers in the world media market.

The Council also believes the rules should be based on the following principles:

• the promotion of plurality of media outlets, diversity of content and media ownership and competition between them in the media market;
• flexibility, so that the law does not become outdated with every new development and convergence between technologies is not hindered;
• neutrality between different technologies, so that the media is normally treated as one single market or markets geographically defined;
• transparency, so that their application should be clearly seen as being removed from the exercise of political patronage;
• justiciability, that is so that at least the fairness of the process if not the decisions themselves can be reviewed by a court;
• emphasis that the purpose of the application of the law is to promote freedom of the press (including the electronic media); and
• reliance on a case by case approach determining whether a merger substantially lessens competition. It is recommended that research indicating consumer choice and use, particularly the time consumers allocate to using different media, constitute the principal tool in measuring the level of concentration in the market.

The Press Council believes that Cross Media regulation should be achieved principally by the Trade Practices Act (TPA). In 1991 it argued to the Print Media Inquiry that there should be changes to the TPA which would make it more effective. This was that the Act regulate takeovers substantially lessening competition. Now that the TPA has been amended, with certain other changes, the TPA could be most effective in achieving the objectives the Council proposes.

The Press Council proposes that the TPA apply to the "broad media market". This would reflect the fact that Australians treat television, radio, newspapers, videos, the Internet, cable television etc as alternative sources of news and entertainment. In the Press Council's view, the best way to measure the market shares of each of the major media corporations is by examining how Australians actually use the media. (This would not preclude the TPA also applying to media sub-markets.)

The Council calls for a transparent procedure for examining foreign investment proposals. It suggests that Parliament should determine a threshold below which foreign investment approval would not be necessary. Decisions on proposals above the threshold would no longer be made behind closed doors without any review. Accordingly both takeovers substantially lessening competition as well as foreign investment proposals would be referred to a common regulator, preferably the Australian Competition and Consumer Commission (ACCC) which should determine these according to a public benefit test.

The full submission is published as a supplement to this issue of the News.

The Chairman wrote an article based on the Council's submission which was printed in The Australian on 18 November 1996.

Return to APC News 1997 Index

[ return to top ]

Defamation Submission

In response to the release of an exposure draft of the Defamation Bill 1996 (NSW), the Press Council sent, in November 1996, a further submission to the NSW Attorney-General arguing against some provisions of the Bill. The submission is largely the same as the one sent earlier in response to the NSW Law Reform Commission report and which was published in full as a supplement to the May 1996 News.

Copies of the November 1996 submission are available from the Council's office.

Return to APC News 1997 Index

[ return to top ]

Theophanous

As reported last issue, the Council has sought leave from the High Court to present an amicus curiae brief to the court on its hearing of matters brought by Levy against the State of Victoria and Lange against the ABC. In these cases, the Court is being asked to reopen its rulings in Theophanous and in Stephens on the impact on defamation law of the constitutional implication of freedom of political communication. The Council will be represented by its Chairman at the hearing in March. The Council's argument is published as a supplement to this issue of the News.

Return to APC News 1997 Index

[ return to top ]

On the Council

The Council has congratulated one of its founding members, David McNicoll, on his recent award of the French Legion of Honour - Chevalier de l'Ordre National de la Legion d'Honneur. Mr McNicoll continues to represent Australian Consolidated Press on the Council twenty years after his first appointment.

The Council noted the resignation of Bob Cronin from his position as the representative of West Australian Newspapers on the Council. Mr Cronin has left his employment at WA Newspapers. He was a member of the Council for some years and provided a strong voice in debate on complaints. He assisted the office in the organisation of both interstate visits to Perth and the Public Forums held there. His place will be taken by Paul Murray, the editor of The West Australian, who has served for some years as Bob's alternate. The new alternate member is Mike Polkinghorn, the deputy editor of The West Australian.

Elisabeth Sexton, who has served recently as the alternate representative of Australian Consolidated Press, has left The Bulletin to work at The Sydney Morning Herald. Consequently she has had to resign her membership of the Council.

Return to APC News 1997 Index

[ return to top ]

Conferences

The Council's Chairman, Prof David Flint, travelled to India in November to attend the Indian Press Council's Thirtieth Anniversary celebrations. While there he attended a seminar and addressed the New Delhi Press Club.

On 16 January, he addressed the Sydney session of the Freedom Forum's Media Forum, "News Traditions And Transitions". Prof Flint was a member of the panel which discussed "Media Performance: Is it getting better or worse?". There was a similar forum in Melbourne the next day but with a largely different cast.

Return to APC News 1997 Index

[ return to top ]

Appeal

The Council considered an appeal from the Brisbane Courier-Mail concerning Adjudication No. 890, arising from its reports on historian Manning Clark. The Council dismissed the appeal, issuing GPR No. 210. The GPR is printed in full in this issue of the News.

Return to APC News 1997 Index

[ return to top ]

Media Law Course

There are some places available in the University of Melbourne Law School's Diploma in Media, Communications and Information Technology Law. Enrolments will also be accepted in individual subjects on a continuing education basis.

The Diploma is open to graduates in Law and in other disciplines and to candidates with no previous degree. A number of non-graduate journalists have completed the course.

Core subjects available include:

Defamation Law; the Media and the State; Privacy, Publicity and the Law; Film and Television Law; Broadcasting and Telecommunications Law; and Information Technology Law.

Further information about the Diploma or individual subjects: Law School's office for Research and Graduate Studies: (03) 9344 6190; fax - (03) 9347 9129;

email: graduate@law.unimelb.edu.au

Return to APC News 1997 Index

[ return to top ]

Seminar

The Australian Centre for Independent Journalism is holding a seminar on 14-15 March at the University of Technology, Sydney on "Journalism and the Public Right to Know".

Subjects to be covered include:

• the new censors in film, television and the Internet;
• journalism in south east Asia: stifling unwelcome news;
• corporate PR: a threat to journalism?
• public access to data and commercialisation of the Internet;
• the future of the ABC and SBS news and current affairs;
• self censorship, D-notices and advertorials;
• investigative reporting: alive and well?

Inquiries: fax: (02) 9281 2976; email: acij@uts.edu.au

Return to APC News 1997 Index

[ return to top ]

Documents with the icon require the Acrobat Reader, a Free Utility from Adobe. Click here for more information.