CODE
OF PRACTICE
(& associated standards)
January 15, 2019
Contents
I. Regulatory Framework
The ABC Board is required, under paragraph 8(1)(e) of the ABC Act, to develop a code of practice relating to its television and radio programming, and to notify this code to the Australian Communications and Media Authority ("the ACMA").
A complaint alleging the ABC has acted contrary to its Code of Practice in its television or radio programming may be made to the ABC. A complainant is entitled under section 150 of the Broadcasting Services Act 1992 (Cth) ("the BSA") to take their complaint to the ACMA if, after 60 days, the ABC fails to respond to the complainant or the complainant considers the ABC’s response is inadequate.
The ACMA has a discretionary power to investigate a complaint alleging the ABC has, in providing a national broadcasting service, breached its Code of Practice. Section 151 of the BSA provides that the ACMA may investigate the complaint if it thinks that it is desirable to do so.
The ACMA’s jurisdiction under sections 150-151 does not encompass the ABC’s print content or content disseminated by the ABC over the internet or through mobile devices.
However, the eSafety Commissioner has separate jurisdiction under Schedule 7 to the BSA in relation to content hosted on websites or transmitted through mobile services where that content is either "prohibited content"*1 or "age-restricted content"*2
The eSafety Commissioner is empowered under Schedule 7 to require content service providers and content hosts to remove or prevent access to these types of content.
The ABC voluntarily complies with the Content Services Code, which is registered as an industry code with the eSafety Commissioner under clause 85 of Schedule 7 to the BSA.
The Content Services Code does not apply to content delivered through online or mobile services where that content has been previously transmitted on radio or television.
Except as expressly provided by the BSA, the regulatory regime established by the BSA does not apply to the ABC: subsection 13(5) of the BSA, and section 79 of the ABC Act.
*1 Prohibited content essentially involves content that is classified either as RC (Refused Classification) or X18+. This includes real depictions of actual sexual activity, child pornography, detailed instruction in crime, and violence or drug use.
*2 Age-restricted content involves content classified as R18+ or MA15+ that is delivered through a mobile device or through a service that provides audio or video content for a fee. This type of content must be subject to a restricted access system, i.e. measures put in place to protect children under the age of 15
from exposure to unsuitable material. This category of content includes material containing strong depictions of nudity, implied sexual activity, drug use or violence, very frequent or very strong coarse language, and other material that is strong in impact.
II. Scope of the Code
The requirements of this Code are set out in the sections dealing with Interpretation and Standards in Part IV and the Associated Standard in Part V. The Standards in Part IV apply to radio and television programs broadcast by the ABC on its free-to-air television or radio broadcasting services. The Associated Standard in Part V applies only to television programs broadcast by the ABC on its domestic free-to-air television services.
Complaints about content on the services named above fall within the scope of the Code except where:
- the interests of the complainant in the subject matter of the complaint;
- the seriousness of the alleged breach;
- the reason(s) for the delay;
- the availability of the program content which is the subject of the complaint; and
- any prejudice the delay may otherwise have on the ability to investigate and determine the matter fairly.
III. Resolved Complaints
The ABC seeks to comply fully with the Code and to resolve complaints as soon as practicable.
A failure to comply will not be a breach of the Code if the ABC has, prior to the complaint being made to the ACMA, taken steps which were adequate and appropriate in all the circumstances to redress the cause of the complaint.
To illustrate, a failure to comply with Standards 2.1 or 2.2 (Accuracy) will not be taken to be a breach of the Code if a correction or clarification, which is adequate and appropriate in all the circumstances, is made prior to or within 30 days of the ABC receiving the complaint.
IV. Principles and Standards
Preamble
The ABC belongs to the Australian people.
Earning and retaining their trust is essential to fulfilling the ABC’s charter and its responsibilities under the ABC Act to provide innovative and comprehensive services of a high standard to Australian and international audiences.
The principles and standards set out below are the means by which the ABC seeks to meet these obligations.
They uphold the fundamental journalistic principles of accuracy and impartiality, to protect the ABC’s independence and integrity.
They recognise that ABC content must be created in a way that is respectful towards audiences and mindful of community standards in areas like harm and offence.
At the same time, they recognise that the ABC needs to be adventurous, brave and creative:
Adventurous in encouraging new and sometimes confronting forms of art and entertainment.
Brave in reporting without fear or favour, even when that might be uncomfortable or unpopular;
and Creative in finding new ways of telling Australian stories, reflecting Australian culture and sharing in the Australian conversation.
By holding to these principles and standards, the ABC seeks to be accountable to the Australian people who fund us.
1. Interpretation
In this Code, the Standards must be interpreted and applied in accordance with the Principles applying in each Section. From time to time, the ABC publishes Guidance Notes which do not in themselves impose obligations on the ABC, but which may be relevant in interpreting and applying the Code.
The Standards in Parts IV and V are to be interpreted and applied with due regard for the nature of the content under consideration in particular cases. The ABC is conscious that its dual obligations –for accountability and for high quality – can in practice interact in complex ways. It can be a sign of strength not weakness that journalism enrages or art shocks. The Standards are to be applied in ways that maintain independence and integrity, preserve trust and do not unduly constrain journalistic enquiry or artistic expression.
2. Accuracy
Principles: The ABC has a statutory duty to ensure that the gathering and presentation of news and information is accurate according to the recognised standards of objective journalism. Credibility depends heavily on factual accuracy. Types of fact-based content include news and analysis of current events, documentaries, factual dramas and lifestyle programs. The ABC requires that reasonable efforts must be made to ensure accuracy in all fact-based content. The ABC gauges those efforts by reference to:
The ABC accuracy standard applies to assertions of fact, not to expressions of opinion. An opinion, being a value judgement or conclusion, cannot be found to be accurate or inaccurate in the way facts can. The accuracy standard requires that opinions be conveyed accurately, in the sense that quotes should be accurate and any editing should not distort the meaning of the opinion expressed.
The efforts reasonably required to ensure accuracy will depend on the circumstances. Sources with relevant expertise may be relied on more heavily than those without. Eyewitness testimony usually carries more weight than second-hand accounts. The passage of time or the inaccessibility of locations or sources can affect the standard of verification reasonably required.
The ABC should make reasonable efforts, appropriate in the context, to signal to audiences gradations in accuracy, for example by querying interviewees, qualifying bald assertions, supplementing the partly right and correcting the plainly wrong.
Standards:
2.1 Make reasonable efforts to ensure that material facts are accurate and presented in context.
2.2 Do not present factual content in a way that will materially mislead the audience. In some cases, this may require appropriate labels or other explanatory information.
3. Corrections and clarifications
Principles: A commitment to accuracy includes a willingness to correct errors and clarify ambiguous or otherwise misleading information. Swift correction can reduce harmful reliance on inaccurate information, especially given content can be quickly, widely and permanently disseminated. Corrections and clarifications can contribute to achieving fairness and impartiality.
Standards:
3.1 Acknowledge and correct or clarify, in an appropriate manner as soon as reasonably practicable:
a. significant material errors that are readily apparent or have been demonstrated; or
b. information that is likely to significantly and materially mislead.
4. Impartiality and diversity of perspectives
Principles: The ABC has a statutory duty to ensure that the gathering and presentation of news and information is impartial according to the recognised standards of objective journalism.
Aiming to equip audiences to make up their own minds is consistent with the public service character of the ABC. A democratic society depends on diverse sources of reliable information and contending opinions. A broadcaster operating under statute with public funds is legitimately expected to contribute in ways that may differ from commercial media, which are free to be partial to private interests.
Judgements about whether impartiality was achieved in any given circumstances can vary among individuals according to their personal and subjective view of any given matter of contention. Acknowledging this fact of life does not change the ABC’s obligation to apply its impartiality standard as objectively as possible. In doing so, the ABC is guided by these hallmarks of impartiality:
The ABC aims to present, over time, content that addresses a broad range of subjects from a diversity of perspectives reflecting a diversity of experiences, presented in a diversity of ways from a diversity of sources, including content created by ABC staff, generated by audiences and commissioned or acquired from external content-makers.
Impartiality does not require that every perspective receives equal time, nor that every facet of every argument is presented.
Assessing the impartiality due in given circumstances requires consideration in context of all relevant factors including:
Standards:
4.1 Gather and present news and information with due impartiality.
4.2 Present a diversity of perspectives so that, over time, no significant strand of thought or belief within the community is knowingly excluded or disproportionately represented.
4.3 Do not state or imply that any perspective is the editorial opinion of the ABC. The ABC takes no editorial stance other than its commitment to fundamental democratic principles including the rule of law, freedom of speech and religion, parliamentary democracy and equality of opportunity.
4.4 Do not misrepresent any perspective.
4.5 Do not unduly favour one perspective over another.
5. Fair and honest dealing
Principles: Fair and honest dealing is essential to maintaining trust with audiences and with those who participate in or are otherwise directly affected by ABC content. In rare circumstances, deception or a breach of an undertaking may be justified. Because of the potential damage to trust, deception or breach of an undertaking must be explained openly afterwards unless there are compelling reasons not to do so.
Standards:
Dealing with participants
5.1 Participants in ABC content should normally be informed of the general nature of their participation.
5.2 A refusal to participate will not be overridden without good cause.
Opportunity to respond
5.3 Where allegations are made about a person or organisation, make reasonable efforts in the circumstances to provide a fair opportunity to respond.
Attribution and sources
5.4 Aim to attribute information to its source.
5.5 Where a source seeks anonymity, do not agree without first considering the source’s motive and any alternative attributable sources.
5.6 Do not misrepresent another’s work as your own.
Undertakings
5.7 Assurances given in relation to conditions of participation, use of content, confidentiality or anonymity must be honoured except in rare cases where justified in the public interest.
Secret recording and other types of deception
5.8 Secret recording, misrepresentation or other types of deception must not be used by the ABC or its co-production partners to obtain or seek information, audio, pictures or an agreement to participate except where:
(a) justified in the public interest and the material cannot reasonably be obtained by any other means; or
(b) consent is obtained from the subject or identities are effectively obscured; or
(c) the deception is integral to an artistic work.
In all cases, the potential for harm must be taken into consideration.
6. Privacy
Principles: Privacy is necessary to human dignity and every person reasonably expects that their privacy will be respected. But privacy is not absolute. The ABC seeks to balance the public interest in respect for privacy with the public interest in disclosure of information and freedom of expression.
Standards:
6.1 Intrusion into a person’s private life without consent must be justified in the public interest and the extent of the intrusion must be limited to what is proportionate in the circumstances.
7. Harm and offence
Principles: The ABC broadcasts comprehensive and innovative content that aims to inform, entertain and educate diverse audiences. This involves a willingness to take risks, invent and experiment with new ideas. It can result in challenging content which may offend some of the audience some of the time. But it also contributes to diversity of content in the media and to fulfilling the ABC’s function to encourage and promote the musical, dramatic and other performing arts. The ABC acknowledges that a public broadcaster should never gratuitously harm or offend and accordingly any content which is likely to harm or offend must have a clear editorial purpose.
The ABC potentially reaches the whole community, so it must take into account community standards. However, the community recognises that what is and is not acceptable in ABC content largely depends upon the particular context, including the nature of the content, its target audience, and any signposting that equips audiences to make informed choices about what they see, hear or read. Applying the harm and offence standard, therefore, requires careful judgement. What may be inappropriate and unacceptable in one context may be appropriate and acceptable in another. Coarse language, disturbing images or unconventional situations may form a legitimate part of reportage, debate, documentaries or a humorous, satirical, dramatic or other artistic work.
Standards:
7.1 Content that is likely to cause harm or offence must be justified by the editorial context.
7.2 Where content is likely to cause harm or offence, having regard to the context, make reasonable efforts to provide information about the nature of the content through the use of classification labels or other warnings or advice.
7.3 Ensure all domestic television programs – with the exception of news, current affairs and sporting events – are classified and scheduled for broadcast in accordance with the ABC’s Associated Standard on Television Program Classification.
7.4 If inadvertent or unexpected actions, audio or images in live content are likely to cause harm or offence, take appropriate steps to mitigate.
7.5 The reporting or depiction of violence, tragedy or trauma must be handled with extreme sensitivity. Avoid causing undue distress to victims, witnesses or bereaved relatives. Be sensitive to significant cultural practices when depicting or reporting on recently deceased persons.
7.6 Where there is editorial justification for content which may lead to dangerous imitation or exacerbate serious threats to individual or public health, safety or welfare, take appropriate steps to mitigate those risks, particularly by taking care with how content is expressed or presented.
7.7 Avoid the unjustified use of stereotypes or discriminatory content that could reasonably be interpreted as condoning or encouraging prejudice.
8. Children and young people
Principles: The ABC aims to provide children and young people (under the age of 18) with enjoyable and enriching content, as well as opportunities for them to express themselves.
Children and young people participate and interact with the ABC in various ways – as actors, presenters, interviewees, subjects, content makers and audience members.
The ABC has a responsibility to protect children and young people from potential harm that might arise during their engagement with the ABC and its content. The ABC shares this responsibility with parents/guardians and with the child or young person him/herself.
In particular, the ABC recommends that parents/guardians supervise children and young people’s access to content, their participation in interactive services, and their exposure to news and current affairs. It is not always possible to avoid presenting content that may be distressing to some audience members.
Standards:
8.1 Take due care over the dignity and physical and emotional welfare of children and young people who are involved in making, participating in and presenting content produced or commissioned by the ABC.
8.2 Before significant participation of a child or young person in content produced or commissioned by the ABC, or in interactive services offered by the ABC, consider whether it is appropriate to obtain the consent of both the child/young person and the parent/guardian.
8.3 Adopt appropriate measures wherever practicable to enable children and young people, or those who supervise them, to manage risks associated with the child/young person’s participation with, use of and exposure to ABC content and services designed for them.
8.4 Take particular care to minimise risks of exposure to unsuitable content or inappropriate contact by peers or strangers.
V. Associated Standard:
Television Program Classification
Status of Associated Standard
This Associated Standard is approved by the ABC Board and is binding. It is for consideration by relevant editorial decision-makers when providing advice on compliance and by complaints bodies when dealing with complaints. The Associated Standard is provided to assist interpretation of or otherwise supplement the standard in the Editorial Policies to which the Associated Standard relates.
This Associated Standard forms part of the Code of Practice notified to the Australian Communications and Media Authority under section 8(1)(e) of the Australian Broadcasting Corporation Act 1983.
Key Editorial Standard
7.3 Ensure all domestic television programs – with the exception of news, current affairs and sporting events – are classified and scheduled for broadcast in accordance with the ABC’s Associated Standard on Television Program Classification.
Principles:
The ABC applies the classifications listed below to the broadcast of all its domestic television programs with the exception of news, current affairs and sporting events.
The ABC classifications are adapted from the Guidelines for the Classification of Films and Computer Games issued by the Classification Board made under the Classification (Publications, Films and Computer Games) Act 1995.
The guiding principle in the application of the following classifications is context. What is inappropriate and unacceptable in one context may be appropriate and acceptable in another. Factors to be taken into account include: the artistic or educational merit of the production, the purpose of a sequence, the tone, the camera work, the intensity and relevance of the material, the treatment, and the intended audience.
Standards:
7.3.1 Television Classifications
G – GENERAL
G programs may be shown at any time. G programs, which include programs designed for pre-school and school-aged children, are suitable for children to watch on their own.
Some G programs may be more appropriate for older children.
The G classification does not necessarily indicate that the program is one that children will enjoy. Some G programs contain themes or storylines that are not of interest to children.
Whether or not the program is intended for children, the treatment of themes and other classifiable elements will be careful and discreet.
Themes: The treatment of themes should be discreet, justified by context, and very mild in impact. The presentation of dangerous, imitable behaviour is not permitted except in those circumstances where it is justified by context. Any depiction of such behaviour must not encourage dangerous imitation.
Violence: Violence may be very discreetly implied, but should:
Sex: Sexual activity should:
Artistic or cultural depictions of nudity in a sexual context may be permitted if the treatment is discreet, justified by context, and very mild in impact.
Language: Coarse language should:
Drug Use: The depiction of the use of legal drugs should be handled with care. Illegal drug use should be implied only very discreetly and be justified by context.
Nudity: Nudity outside of a sexual context should be:
PG – PARENTAL GUIDANCE
(Parental Guidance recommended for people under 15 years)
Subject to the Implementation Guidelines at 7.3.2, PG programs may be shown in accordance with Time Zone Charts at 7.3.5.
PG programs may contain themes and concepts which, when viewed by those under 15 years, may require the guidance of an adult. The PG classification signals to parents that material in this category contains depictions or references which could be confusing or upsetting to children without adult guidance. Material classified PG will not be harmful or disturbing to children.
Parents may choose to preview the material for their children. Some may choose to watch the material with their children. Others might find it sufficient to be accessible during or after the viewing to discuss the content.
Themes: The treatment of themes should be discreet and mild in impact. More disturbing themes are not generally dealt with at PG level. Supernatural or mild horror themes may be included.
Violence: Violence may be discreetly implied or stylised and should also be:
Sex: Sexual activity and nudity in a sexual context may be suggested, but should:
Verbal references to sexual activity should be discreet.
Language: Coarse language should be mild and infrequent.
Drug Use: Discreet verbal references and mild, incidental visuals of drug use may be included, but these should not promote or encourage drug use.
Nudity: Nudity outside of a sexual context should not be detailed or gratuitous.
M – MATURE
(Recommended for people aged 15 years and over)
Subject to the Implementation Guidelines at 7.3.2, M programs may be shown in accordance with the Time Zone Charts at 7.3.5.
The M category is recommended for people aged over 15 years. Programs classified M contain material that is considered to be potentially harmful or disturbing to those under 15 years.
Depictions and references to classifiable elements may contain detail.
While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the M category – the less explicit or less intense material will be included in the M classification and the more explicit or more intense material, especially violent material, will be included in the MA15+ classification.
Themes: Most themes can be dealt with, but the treatment should be discreet and the impact should not be strong.
Violence: Generally, depictions of violence should:
In realistic treatments, depictions of violence that contain detail should:
In stylised treatments, depictions of violence may contain more detail and be more frequent if this does not increase the impact.
Verbal and visual references to sexual violence may only be included if they are:
Sex: Sexual activity may be discreetly implied.
Nudity in a sexual context should not contain a lot of detail or be prolonged.
Verbal references to sexual activity may be more detailed than depictions if this does not increase the impact.
Language: Coarse language may be used.
Generally, coarse language that is stronger, detailed or very aggressive should:
Drug Use: Drug use may be discreetly shown.
Drug use should not be promoted or encouraged.
Nudity: Nudity outside of a sexual context may be shown but depictions that contain any detail should not be gratuitous.
MA15+ – MATURE AUDIENCE
(Not suitable for people under 15 years)
Subject to the Implementation Guidelines at 7.3.2, MA15+ programs may be shown in accordance with the Time Zone Charts at 7.3.5.
MA15+ programs, because of the matter they contain or because of the way it is treated, are not suitable for people aged under 15 years.
Material classified MA15+ deals with issues or contains depictions which require a more mature perspective. This is because the impact of individual elements or a combination of elements is considered likely to be harmful or disturbing to viewers under 15 years of age. While most themes may be dealt with, the degree of explicitness and intensity of treatment will determine what can be accommodated in the MA15+ category – the more explicit or more intense material, especially violent material, will be included in the MA15+ classification and the less explicit or less intense material will be included in the M classification.
Themes: The treatment of themes with a high degree of intensity should not be gratuitous.
Violence: Generally, depictions of violence should not have a high impact.
In realistic treatments, detailed depictions of violence with a strong impact should:
Depictions of violence in stylised treatments may be more detailed and more frequent if this does not increase the impact.
Depictions of sexual violence are permitted only if they are not frequent, prolonged, gratuitous or exploitative.
Sex: Sexual activity may be implied.
Depictions of nudity in a sexual context which contain detail should not be exploitative.
Verbal references may be more detailed than depictions if this does not increase the impact.
Language: Coarse language may be used.
Coarse language that is very strong, aggressive or detailed should not be gratuitous.
Drug Use: Drug use may be shown but should not be promoted or encouraged.
More detailed depictions should not have a high degree of impact.
Nudity: Nudity should be justified by context.
7.3.2 Implementation Guidelines
The time zones for each program classification are guides to the most likely placement of programs within that classification. They are not hard and fast rules and there will be occasions on which programs or segments of programs appear in other time zones.
There must be sound reasons for any departure from the time zone for a program classification. Possible reasons might include, for example, the need to schedule programs which are serious presentations of moral, social or cultural issues, in timeslots most suitable for their target audiences.
Programs, including those having a particular classification under the Classification Board’s Guidelines for the Classification of Films and Computer Games, may be modified so that they are suitable for broadcast or suitable for broadcast at particular times.
Broken Hill in New South Wales shares a time zone with South Australia but ordinarily receives the ABC’s New South Wales TV services. Given the time zone difference, some programs are broadcast outside their classification time zone.
7.3.3 Television Classification Symbols
The classification symbol of the PG, M or MA15+ program (except for news, current affairs or sporting events) being shown will be displayed at the beginning of the program.
The classification symbol of the PG, M or MA15+ program (except for news, current affairs or sporting events) being promoted will be displayed during the promotion.
7.3.4 Consumer Advice
Audio and visual consumer advice on the reasons for an M or MA15+ classification will be given prior to the beginning of an M or MA15+ program.
7.3.5 Classification of Live Content
Many live programs fall into the classification exemption categories (news, current affairs and sporting events). Some, such as live music or comedy programs, do not fall into the exemption categories and pose a particular challenge to classify accurately. The ABC makes reasonable efforts to classify these programs accurately by reviewing scripts, lyrics, outlines, and any pre-recorded material, and briefing program makers and talent as required.
A failure to provide an accurate classification symbol or consumer advice prior to a live (or as-live) program will not be regarded as a breach of standards as long as reasonable efforts were made to classify it and appropriate steps are taken to mitigate any harm or offence.
How to make a complaint
If you are concerned that a radio or television program broadcast by the ABC does not comply with this Code of Practice, you are entitled to make a complaint.
The law requires that you first make your complaint to the ABC. You can do so by completing the online Complaint Form at www.abc.net.au/contact/complain.htm or by writing to:
Audience and Consumer Affairs
Australian Broadcasting Corporation
GPO Box 9994, in the capital city of your State or Territory
Your complaint should:
If you are dissatisfied with the ABC’s response, or if you have not received a response within 60 days of making your complaint to the ABC, then you are entitled to complain to the Australian Communications and Media Authority (the ACMA). You can write to the ACMA at:
Australian Communications and Media Authority
PO Box Q500, Queen Victoria Building
Sydney NSW 2000
Fax: 02 9334 7799
Email: broadcasting@acma.gov.au
If you make a complaint to the ACMA, you should provide:
Note: ABC complaints procedures do not form part of the ABC Code of Practice