Community Broadcasting Codes of Practice (Radio)

CODE 1 Responsibilities of Broadcasting to the Community.

Principles of Diversity and Independence

The purpose of this code is to define the unique philosophy of community broadcasting and to ensure that this perspective is reflected in the day-to-day operations and programming of community broadcasting services.

Community broadcasting stations will:

  1. Provide their services in the public interest as defined in the licensees' application to the licensing authority.
  2. Have organisational mechanisms to provide for active participation by that community in its management, development and operations.
  3. Be controlled and operated by an autonomous body which is representative of the licensees community.
  4. Operate on a non-profit basis.
  5. Demonstrate independence in their programming as well as in their editorial and management decisions.
  6. Incorporate programming policies which oppose and attempt to break down prejudice on the basis of race, sex, nationality, religion, disability, ethnic background, age or sexual preference.
  7. Establish programming practices which protect children from harmful program material.
  8. Present programs which contribute to expanding the variety of viewpoints broadcast in Australia and enhance the diversity of programming choices available to the general public.
  9. Seek to widen the community's involvement in broadcasting and to encourage participation by those denied effective access to, and those not adequately served by, other media.

CODE 2 Guidelines for General Programming

The purpose of the code is to reflect the need to avoid and break down prejudice and discrimination, and to prevent the broadcasting of material which is contrary to community standards, government regulations and the principles of community broadcasting.

  1. Community broadcasting licensees shall not broadcast material which may:
    1. incite, encourage or present for their own sake violence or brutality;
    2. simulate news or events in such a way as to mislead or alarm listeners; or
    3. present as desirable the misuse of drugs including alcohol, narcotics and tobacco.
  2. Community broadcasting licensees will avoid censorship wherever possible, however, consideration shall be given to the audience, the context, the degree of explicitness, the propensity to alarm, distress or shoch, and the social importance of the event.
  3. Community broadcasting licensees shall not broadcast material which may stereotype, incite, vility, or perpetuate hatred against, or attempt to demean any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, religion, age or physical or mental disability.

These guidelines are intended to promote accuracy and fairness in news and current affairs programs

  1. News and current affairs programs (including news flashes) should
    1. provide access to views under-represented by the mainstream media;
    2. present factual material accurately and ensure that reasonable efforts are made to correct substantial errors of fact at the earliest possible opportunity;
    3. clearly distinguish factual material from commentary and analysis;
    4. not present news in such a way as to create public panic or unnecessary distress to listeners;
    5. not misrepresent a viewpoint by giving misleading emphasis, editing out of context or withholding relevant available facts;
    6. respect each person's legitimate right to protection from unjustified use of material which is obtained without an individual's consent or other unwarranted and intrusive invasions of privacy;
    7. not broadcast the words of an identifiable person unless:
      1. that person has been informed in advance that the words may be transmitted; or
      2. in the case of words which have been recorded without the knowledge of the person, the person has subsequently, but prior to the transmission, indicated consent to the transmission of the words; or
      3. the manner of the recording has made it manifestly clear that the material may be broadcast.

CODE 3 Australian Music Content

This code reinforces the community broadcasting sector's reputation as a medium committed to developing and recognising Australian composers and/or performers by providing opportunities to have their material broadcast on a regular basis. The Broadcasting Services Act 1992 does not require the community radio sector to maintain minimum content levels of Australian music. However, given the nature of the community broadcasting sector and its committment to reflecting the diversity of Australian culture and the interests of local communities, it is crucial for a significant proportion of local and Australian music, including indigenous Australian music, to continue to be broadcast by community stations. In selecting Australian musical items, community broadcasting stations should have regard for the make-up of the community served by the licensee.

  1. Community broadcasting stations shall ensure that set proportions of the total number of musical items broadcast consist of musical items composed and/or performed by Australians. *

The proportions shall be:

  1. not less than 20% Australian music items for stations with diverse formats serving the general community; and
  2. not less than 10% Australian musical items for ethnic and classical stations.

to be determined over a one month period.

  1. The music requirements cited (3.1 above) exclude the use of music in sponsorship announcements and program or station promotions.

*in this code an "Australian" means a person who is a citizen or ordinarily resident in Australia.

CODE 4 Sponsorship

The purpose of this code is to augment the sponsorship conditions set down in Schedule 2 of the Act, including the requirement that not more than 4 minutes of the sponsorship announcements be broadcast in any one hour [Schedule 2 Clause 9 (3)], and the need for each sponsorship announcement to acknowledge the financial support of the sponsor [Schedule 2 Clause 2 (2) (b) (ii)]. Commensurate with the need to ensure active participation by the community in the station's management, development and operations, community broadcasters will adopt and implement - in consultation with their communities - a sponsorship policy which:

  1. Ensures that sponsorship will not be a factor in determining access to broadcasting time.
  2. Ensures that the content and style of individual programs is not influenced by the sponsors of programs.
  3. Ensures that overall programming of community broadcasting stations is not influenced by sponsors.

It is noted that there are no statutory restrictions on the broadcast of legitimate community service announcements [Schedule 2 Clause 2 (2) (a)]. A community service announcement is defined as:

  1. An announcement for which no payment is made, either in cash or in kind.

CODE 5 Volunteers

The purpose of this code is to recognise the community broadcasting sector's reliance on volunteer workers for its continued operation and to ensure that the rights and responsibilities regarding volunteering are addressed by individual stations.

  1. Community broadcasting licensees will have guidelines in place that outline:
    1. the principles of volunteering;
    2. the rights and responsibilities of volunteers within the organisation.

CODE 6 Conflict Resolution

The purpose of this code is to prescribe appropriate methods of dealing with internal disputes and conflict resolution in community broadcasting organisations. Conflict is the situation where the goals, values, interests or opinions of one group or individual are incompatible with or perceived to be incompatible with, those of another individual or group.

  1. Community Broadcasting licensees will have mechanisms which will facilitate conflict resolution within their organisation.
  2. Community Broadcasting licensees will make every reasonable effort to resolve disputes within their organisation conscientiously and as soon as practicable.
  3. Community Broadcasting licensees will negotiate for dispute resolution by managing discussion between disputants which is aimed to bring about agreement or a settlement of opposing demands or attitudes.
  4. In the event of an unresolved dispute, Community Broadcasting licensees will seek appropriate alternative dispute resolution mechanisms (for example, mediation, conciliation or arbitration).

CODE 7 Handling Complaints

The purpose of this code is to prescribe the manner in which complaints and other comments from members of the public will be dealt with.

  1. Community Broadcasting licensees acknowledge the rights of their audiences to comment and make complaints concerning:
    1. compliance with the Codes of Practice or a condition of the licence;
    2. program content; and
    3. the general service provided to the community.
  2. Licensees will provide regular on-air information from time to time about Community Broadcasting Codes of Practice and how audiences may obtain them.
  3. Community Broadcasting licensees will make every reasonable effort to resolve complaints, except where a complaint is clearly frivolous, vexatious or not made in good faith.
  4. Licensees will make appropriate arrangements to ensure that:
    1. complaints will be received by a responsible person in normal office hours;
    2. complaints will be conscientiously considered, investigated if necessary and responded to as soon as practicable; and
    3. complaints will be promptly acknowledged and normally answered within six weeks from receipt of the complaint.
  5. Responses to written complaints will be in writing and will include a copy of the Code of Practice on handling complaints.
  6. If the complainant indicates dissatisfaction with the response of the licensee, the licensee will advise the complainant of their right to refer the matter to the Australian Broadcasting Authority.
  7. A record of complaints in a permanent form will be maintained by a responsible officer of the licensee.
  8. The licensee will provide the ABA annually with a "notification of complaints" in a format advised by the ABA.
  9. Licensees will undertake to pass on all comments from the public, made in good faith, both complimentary and critical, to the individuals responsible for preparing and presenting the program(s) concerned.

CODE 8 Review of Codes

The purpose of this code is to ensure that all codes are maintained and where necessary revised to accurately reflect contemporary community broadcasting principles.

  1. The Community Broadcasting Association of Australia (CBAA), in consultation with the community broadcasting sector, will periodically review Community Broadcasting codes to ensure that all codes remain accurate and relevant.
  2. Prior to any changes to the codes, the CBAA will consult with the ABA and seek a majority vote of community broadcasting stations, together with public comment.

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