The broadcast on 18 January 2009 included assertions about an atrocity allegedly committed by members of the Sri Lankan Army. In this broadcast, the ACMA found that the requirement for accuracy of factual content was breached, as the authenticity of the source of the information (a video posted on a website) was contested and all reasonable effort had not been made to ensure the accuracy of the content derived from this source.

Under the provisions of the Broadcasting Services Act 1992, if the ACMA is satisfied that a complaint about the ABC or SBS is justified (which it is concerning these two broadcasts), the ACMA may recommend that the broadcaster take action to comply with the relevant code of practice and any other such action considered necessary.

Upon finalisation of its own investigations, SBS counselled the particular presenters involved in the two broadcasts. As the ACMA considers that these measures appear appropriate and proportionate in the circumstances, it has decided not to recommend to SBS that it take any further action in respect of these breaches.

Copies of the ACMA’s investigation reports 2182 and 2198 are available on the ACMA website.

Media contact: Donald Robertson, Media Manager on (02) 9334 7980.

Backgrounder

National broadcasters (the ABC and SBS) develop codes of practice which they notify to the ACMA.

The current code of practice for SBS is the SBS Code of Practice 2006. Clause 2.2 of the code relates to accuracy, impartiality and balance. It states that ‘all reasonable effort must be made to ensure that the factual content of news and current affairs programs is accurate, having regard to the circumstances, and facts known, at the time of preparing and broadcasting the programs’.

The code also states, with regard to balance and impartiality, that:

Complaints to the ACMA

Under section 150 of the Broadcasting Services Act 1992 (the BSA), a person may make a complaint to the ACMA about the ABC or SBS if:

• the person has first made a complaint to the ABC or SBS on the ground that the broadcaster has, in providing a national broadcasting service, acted contrary to its code of practice; and
• either does not receive a response from the broadcaster within 60 days, or considers the broadcaster’s response inadequate.

Under section 151 of the BSA, the ACMA must investigate the complaint, unless the complaint is frivolous or vexatious or not made in good faith; or the complaint is not relevant to the code of practice.

If, after conducting an investigation, the ACMA is satisfied that the complaint was justified, and that the ACMA should take action to encourage the broadcaster to comply with its code of practice, the ACMA may, by notice in writing, recommend to the broadcaster that it take action to comply with the code of practice and take such other action in relation to the complaint as is specified in the notice. That other action may include broadcasting or otherwise publishing an apology or retraction.

If the ACMA makes such a recommendation, and the broadcaster does not, within 30 days, take action that the ACMA considers appropriate, the ACMA may give the Minister for Broadband, Communications and the Digital Economy a written report on the matter. In that case, the Minister must cause a copy of the report to be laid before each House of Parliament within seven sitting days.

National broadcasters are also governed by their own Acts of Parliament and Charters.