Code 1 – Programming Rules

(Aligned with the Broadcasting Services Act 1992 (Cth))

Section 1: Legislative Basis

This Code is made under and must be interpreted consistently with the Broadcasting Services Act 1992 (Cth) (“the Act”), including:

  • Section 3 – Objects of the Act
  • Section 6(1)
  • Scedule 2: Section 5
  • ACMA enforcement and compliance powers
The objectives of this Code are to:
  • Promote high-quality, responsible broadcasting
  • Protect audiences from harm
  • Ensure accuracy, fairness, and respect for diversity
  • Balance freedom of expression with community standard

Section 2: Purpose

This Code sets out the policies and procedures governing programming and advertising to ensure content is accurate, fair, respectful, lawful, and appropriate for the intended audience. It supports ethical broadcasting, protects audiences and contributors, and ensures compliance with applicable broadcasting and advertising standards.

Section 3: Content Quality & Audience Suitability
(BSA s3(1)(g), s3(1)(e))

Policy
News and current affairs programming must be accurate, fair, and balanced, and must clearly distinguish between factual reporting and opinion.

Procedures

  • Reasonable efforts must be made to verify facts before broadcast.
  • Sources should be identified where practical, particularly for controversial claims.
  • Opinion, commentary, and analysis must be clearly presented as such.
  • Corrections must be made promptly when significant factual errors are identified.
  • Editorial decisions must not deliberately mislead the audience.
Broadcasted content must not incite hatred or discriminate against people based on race, gender, sexuality, disability, religion, age, HIV/AIDS, or Aboriginal/Torres Strait Islander

Section 4: Misleading or Fabricated Content
(BSA s3(1)(c), s3(1)(j))

Policy
Programs must not broadcast fabricated news or events in a way that misleads, deceives, or causes undue fear or alarm.

Procedures
Fictional, staged, or reconstructed content must be clearly identifiable. Pranks or simulations must not:

  • Cause public panic
  • Exploit emergency situations
  • Misrepresent real-world events as factual
  • Any use of news-style formats for non-news purposes must be clearly disclosed.

Section 5: Prohibition on Hate Speech and Vilification
(BSA s3(1)(m), s3(1)(c))

Policy
Broadcast content must not incite hatred, serious contempt, or severe ridicule against individuals or groups.

Procedures
Protected attributes include:

  • Race or ethnicity
  • Gender or sexual orientation
  • Disability
  • Religion
  • Age
  • HIV/AIDS status
  • Aboriginal and Torres Strait Islander identity and cultural heritage

Section 6: Prohibition on Deceptive or Harmful Techniques
(BSA s3(1)(c))

Policy
Broadcasting must not employ deceptive, subliminal, or psychologically manipulative techniques.

Procedures
Hypnotic or subliminal messaging is prohibited. Editing must not materially distort meaning or context. Audio techniques must not be used to manipulate listeners without their awareness.

Section 7: Consent for Recording and Broadcast
(BSA s3(1)(c), privacy principles)

Policy
A person’s words must not be broadcast without their knowledge and consent, unless consent is later obtained or a lawful public interest exception applies.

Procedures
Consent must be obtained prior to recording interviews or conversations. Individuals must be informed of:

  • The recording
  • The intended use and broadcast
  • Consent may be verbal or written.
Recordings made without consent must not be broadcast unless approval is later obtained. Additional safeguards apply when dealing with minors or vulnerable individuals.

Section 8: Public Interest and Freedom of Expression
(BSA s3(1)(b), s3(1)(g))

Policy
The broadcaster recognises freedom of expression and may broadcast sensitive material where justified by public interest.

Procedures
Content may include:

  • Satire and comedy
  • Artistic works
  • Fair debate
  • Reporting on matters of public importance
Such content must be:
  • Clearly contextualised
  • Editorially justified
  • Proportionate to the public interest served
  • Public interest must be balanced against potential harm.

Section 9: Privacy Protection
(BSA s123)

Policy
The broadcaster is committed to ongoing compliance with the Act and ACMA requirements.
Personal details (e.g. addresses, medical information) must not be disclosed without consent.

Care must be taken with:

  • Victims of crime
  • Private individuals
  • Minors
Disclosure must be:
  • Necessary
  • Proportionate
  • In the public interest

Section 10: Compliance, Training, and Review
(BSA s3(1)(c))

Policy
Programs must not broadcast fabricated news or events in a way that misleads, deceives, or causes undue fear or alarm.

Procedures
Fictional, staged, or reconstructed content must be clearly identifiable. Pranks or simulations must not:

  • Cause public panic
  • Exploit emergency situations
  • Misrepresent real-world events as factual
  • Any use of news-style formats for non-news purposes must be clearly disclosed.

Section 11: Complaints About a Broadcaster,
(BSA s123)

Policy
This Complaints Policy provides clear guidelines for individuals or organizations who wish to make a complaint about a broadcaster. It outlines the process of addressing concerns with the broadcaster directly, and when to escalate the complaint to the Australian Communications and Media Authority (ACMA).

Procedures
Steps for filing a complaint:

Before making a complaint to the ACMA, it is important to first contact the broadcaster first and follow their complaints handling process. Broadcasters are required by law to have a process in place for managing complaints, and many complaints can be resolved directly with them. The following steps should be followed when lodging a complaint:

Step 1: Review the Broadcast Code of Practice Before making a complaint, it is important to understand the relevant broadcasting rules and codes of practice that apply to broadcasters in Australia. The broadcaster is required to adhere to the Australian Broadcasting Code of Practice, which sets out standards for content, accuracy, fairness, and responsibility in broadcasting.

Step 2: Broadcasters are responsible for resolving complaints related to their content and their transmissions. If you have an issue with a program, advertisement, or conduct of a broadcaster, you should first contact the broadcaster directly.

Identify the appropriate contact method: Visit the broadcaster's website to find details for making a complaint, including their complaints form, email address, or phone number. Ensure you are using the correct method for complaints.

Provide full details: When contacting the broadcaster, make sure to include the following:

  • The specific program, advertisement, or broadcast in question.
  • The date and time of the broadcast.
  • A clear description of your complaint.
  • Any supporting evidence (e.g., transcripts, screenshots, recordings).
  • If applicable, explain how the issue impacts you personally or a wider group.

Give the broadcaster a chance to respond: Broadcasters are required to acknowledge complaints and resolve them promptly. It is essential to allow the broadcaster a reasonable period (usually up to 30 days) to address your concern.

Step 3: Follow Up with the Broadcaster If you do not receive a satisfactory response within a reasonable time frame, or if you believe the broadcaster has not handled your complaint appropriately, you may wish to follow up. In your follow-up, request an update on the status of your complaint, and ask for clarification on any unresolved issues.

Step 4: If you have gone through the broadcaster's complaints process and are unsatisfied with the outcome, or if the broadcaster has failed to respond in a timely or satisfactory manner, you may escalate your complaint to the Australian Communications and Media Authority (ACMA). The ACMA oversees compliance with broadcasting laws and regulations in Australia. Before escalating your complaint, ensure that:
  • You have followed the broadcaster's complaints process
  • You have provided all relevant information to the broadcaster.
  • You have given the broadcaster a reasonable opportunity to respond.
If the issue remains unresolved after you have contacted the broadcaster directly, or if the broadcaster’s response is unsatisfactory, you can submit your complaint to the ACMA.
You can submit a complaint to the ACMA online via their website, or through other available channels (email, mail, or phone). Ensure that you:
  • Provide details of your previous correspondence with the broadcaster, including dates and outcomes.
  • Explain why you are dissatisfied with the broadcaster’s handling of your complaint.
  • Include any additional evidence that supports your concern.
Step 5: Broadcasters Response
Broadcasters are required to respond to complaints within 30 days, although this may vary depending on the nature of the issue. The ACMA will assess the complaint and may contact you for further information.
They typically aim to resolve complaints within 60 days but complex cases may take longer.

Step 6: What to Expect from the ACMA's Review Process
When complaining to the ACMA it is important to note that:
  • Investigate whether the broadcaster has complied with relevant laws and codes of practice.
  • Investigate whether there has been a breach of licence condition(s)
  • Determine if the broadcaster has adequately addressed the issue raised.
  • Provide the complainant with an update on the outcome of their investigation.
  • Take enforcement action against the broadcaster, if necessary, which may include fines or other penalties.
Step 7: Conclusion
The complaints process is designed to provide fair and timely resolution of issues with broadcasters. We strongly encourage individuals to initially contact the broadcaster directly, and only escalate the issue to the ACMA if a satisfactory resolution has not been achieved. This ensures that broadcasters are given a fair opportunity to address complaints before external authorities become involved. For any questions about the complaints process, please visit the ACMA website or the broadcaster’s complaints portal for more information. This policy is intended to outline a clear and structured approach for addressing complaints with broadcasters and should be reviewed regularly to ensure compliance with any changes to broadcasting laws or regulations.

Go to Top