note :
this is an essay assignment for POL 856 Politics Communication Policy Master of Politics & Public Policy Macquarie University.
THE FUTURE OF PUBLIC BROADCASTING
by : ANDRI RUSTA
This essay discusses the role of public broadcasting in Australia. The essay outlines some of broadcasting policy change in Australian history. It will also explain brief technology change that will affect broadcasting in future. Finally, the essay proposes a preferred policy “solution’ for an appropriate relationship between public broadcasting and the public sphere in Australia.
For the purposes of this essay, most commonly available definitions of public broadcasting are based on American perceptions and experiences of this activity. These definitions consider public broadcasting is a telecommunications activity that is fully or partially-funded by government and public subscriptions. This funding comes from “individuals through voluntary donations, a specific tax such as a television licence fee, or as direct funding by the state”. (2009c) However, in Australia, public broadcasting is more expansive. As the Encyclopaedia Britannica (EB) points out “Australian broadcasting comprises four sectors: the national sector, the public sector, the commercial sector, and the Special Broadcasting Service.” As the EB definition is more in keeping with the Australian perceptions and experiences, this essay follows this definition. (Broadcasting, 2009)
Meanwhile, public debate uses Jurgen Habermas definitions which is “a discursive space in which individuals and groups congregate to discuss matters of mutual interest and, where possible, to reach a common judgment." (Habermas, 2004) In other words, public sphere is an area in social life where private people join together to form a “public”. In such an area, people can identify and discuss about their social problems and from that discussion influence political action. He conceptualises the public sphere as that realm of social life where the exchange of information and views of questions of common concern can take place so that public opinion can be form. Public sphere concept relates to politics, economic, social and cultures of society as oppose to the ‘private sphere’ or domestic life. Since the scale of modern society does not allow for more than a relatively small number of citizens to be physically co-present, the mass media, particularly television, have become the main institutions of the public debate.
The public sphere exists, in other words, in the active reasoning of the public. It is through such discourse that public opinion is generated, which in turn shapes the policies of the state and the development of society as a whole. The political public sphere constitutes a discourse, where people in their role as citizens have access to what be called societal dialogues. This place and the condition s for communication within it are essential for democracy.
Constitutional & Legislative Authority
Radio broadcasting in Australia commenced on 13 August 1919 when Ernest Fisk made a demonstration transmission of the national anthem “God Save the King” from one building to another at Royal Society of New South Wales in Sydney. After that demonstration, between 1920 and 1929, there were twelve radio broadcasts. In 1929, these ad hoc arrangements were formalised into the Australian Broadcasting Company (ABC), a consortium of local entertainment interests formed to supply radio programs to the Australian radio market (2007b). In 1956, following the commencement of regular television broadcasts from commercial companies, the ABC began regular television transmissions. Since 1978, with the establishment of the Special Broadcasting Service (SBS), Australia has had two national broadcasters, both part-financed through government revenue to overcome some of the public good aspects of free-to-air broadcasting. During the 1980s, “the ABC began satellite transmission, became incorporated, and restructured its radio and television services into separate divisions.” (2000).
Section 51 (v) of the Australian Constitution, which deals with `Postal, telegraphic, telephonic, and other like services`, provides the authority for the Australian government regulate broadcasting services within Australia. The Australian government’s first attempt to regulate telecommunications was the Wireless Telegraphy Act 1905 which provided the legislative authority to control the receipt and transmission of telegraphic messages. The legislation allowed the government to permit commercial enterprises to use this technology. The capacity to grant such permission took into account that commercial enterprises such as the local Marconi Company and shortly thereafter, the Australasian Wireless Limited (the local Telefunken agent) could access the latest developments in this emerging technology. Interestingly, in 1912, the Marconi Company would sue the Australian government for infringing its wireless telegraphy patent.
The most problematic part of s51 (v) has been the words 'other like services'. The High Court has taken a flexible approach to interpreting this provision and has recognised that technology has changed since the constitution was written. In 1935, the High Court decided that the s51 (v) ‘other like services’ included the power to regulate radio broadcasting. Similarly, in 1965, the High Court found that television broadcasting also fell under the ambit of s51(v).
The first laws about broadcasting were established in the Wireless Telegraphy Act 1905, which gives the Australian government control to receive and transmit messages by wireless telegraphy. This Act allowed commercial enterprises to use the new technology with government permission. Under the Australian Broadcasting Act 1942, there was initiated “a dual broadcasting system with the ABC [Australian Broadcasting Commission] as a public utility providing an essential service for the whole country and commercial stations who basically as businesses attempting to make a profit...” (Thornley, 2001). In effect, the legislation formalised an arrangement of a duopoly of radio broadcast operators: the ABC, a government-funding statutory and commercial operators. Furthermore the ABC was given the power to decide when, and in what circumstances, political speeches should be broadcast. Directions from the Minister to broadcast, or refrain from broadcasting any matter, now had to be made in writing, and any exercise of the power had to be mentioned in the ABC's Annual Report. That power was used only in 1963 when the Postmaster General, on the advice of the Prime Minister, directed the ABC not to broadcast an interview with a former Prime Minister of France, Georges Bidault.
The Chifley Labor government established the Australian Broadcasting Control Board (ABCB) was established with the main roles of regulating broadcasting, radio communication and telecommunications as well as taking on a role of handing out licences as well (2008). In the 1970s, this authority was replaced by the Australian Broadcasting Authority (ABA). In turn, this body was replaced by the Australian Communications and Media Authority (ACMA) whose main roles are to regulate broadcasting, radio communications, telecommunications, and to represent Australian interests in international communications matters. It also has a role in regulating internet content standards.
The Broadcasting Services Act 1992 sets out Australian government boundaries for the direct ownership, and the various forms of indirect ownership, of commercial Australian media. The major effect of this legislation is to prevent the common ownership of newspapers, television and radio broadcasting licences that serve the same broadcasting licence region. The purpose of the legislation is to encourage diversity in the ownership of the most influential forms of the commercial media: the daily press and free-to-air television and radio. Lau et al., (Lau et al., 2006) claim that the justification for the rules is that the effective functioning of a democracy requires a diverse ownership of the daily mass media to ensure that public life be reported in a fair and open manner. They have designated this arrangement “a Western style libertarian/social responsibility model”.
The ACMA exercises powers under the Broadcasting Services Act 1992 (in relation to broadcasting) and the Telecommunications Act 1997, the Telecommunications (Consumer Protection and Service Standards) Act 1999 and the Radiocommunications Act 1992 and other related legislation (in relation to telecommunications). The ACMA works with the communications industry to achieve active self-regulation by industry and companies, while ensuring compliance with licence conditions, codes and standards. Though the ACMA is funded through the federal budget, it also collects substantial revenue on behalf of the Australian government. Revenue is collected through telecommunications carrier and radiocommunications licence fees and charges, as well as through charges on telecommunications numbers. The ACMA also collects revenue from the allocation of spectrum.
The Australian experience
The experiences gained by Australian governments from regulating wireless telegraphy operators seem to have been the basis for regulating operators of subsequent telecommunication broadcasters. The government would licence commercial operators to provide broadcasting services; not only would this provide revenue but it would permit the government to control content transmitted and content received. After lobbying by the nascent Australian radio industry in July 1924, the Bruce Nationalist-Country coalition government introduced a two-tiered system of radio licences: 'A' class licence radio broadcasters to be financed by listeners' licence fees imposed and collected by the government; and 'B' class licence radio broadcasters to be financed by advertising. This system was a combination of the UK system where the non-commercial British Broadcasting Company had a government-imposed monopoly and of the United States of America where only commercial enterprises provided broadcasting services.
In the 1920s, Australian society and culture were influenced by the United Kingdom, ‘the Mother Country’. In 1926, the United Kingdom government nationalised radio by buying out the British Broadcasting Company (BBC). The Australian government did not follow this example but encouraged the 'A' class stations to amalgamate in order to maximize efficiencies and maintain standards. However in 1932, the Lyons United Australia government followed the United Kingdom precedent by taking control of the ‘A’-class broadcasters, forming the ABC funded by the government. The resulting formation was influenced by the British model developed under the first BBC Director-General, John Reith who considered that broadcasting as a ‘public service’ which should act as a ‘cultural, moral and educative force for the improvement of knowledge, taste and manners’ (Scannell and Cardiff, 1991). The ABC’s initial programs included “the first children’s session, sports program, British Wireless news, weather, stock exchange and shipping news, women’s session, and music” (2009a).
Following the Reith model, even though the ABC was government funded, there was no overt attempt by governments to influence the content of ABC programs. Nevertheless there was some difference of opinion between the governments and the ABC on material broadcast. Early in March 1942, the ABC began broadcasting a Department of Information/ABC series entitled The Jap As He Really Is. After continued protests it was discontinued. In its 1942-43 Report, the ABC referred to its 'difference of opinion' with certain Government departments on the manner in which some types of propaganda should be handled, using that series as an example, and said 'serious loss to the war-time effectiveness of our national stations would result from any undermining' of public confidence in the ABC's 'impartiality and integrity'.
The introduction in 1956 of television into Australia followed the earlier model of the introduction of radio. There were two operator categories: commercial and the government-funded ABC. The commercial operators were permitted to transmit regularly before the ABC commenced transmissions. In the Sydney and Melbourne licence regions, local print media corporations were either the owners of or significant shareholders in the commercial operators. These print media corporations were known for their conservative leanings and strong support for the Menzies Liberal-Country coalition government. These local print media corporations had the financial resources as well as access to personnel experienced in visual communications media.
In 1967, at the instigation of the Holt Liberal-Country coalition government, the ABCB began an overall review of broadcasting services. In 1972, the McMahon Liberal-Country coalition government accepted its report which recognised that the duopoly model of ABC and commercial telecommunications providers was no longer the appropriate broadcasting model to provide for the broadcasting needs of all Australians. The report recommended “A new type of service, comprising FM stations to be known as Public Broadcasting Station, which would be conducted on a non-profit basis, to cater for the needs of educational, religious, professional, musical and other like interests, but which would be available to the general public” (Thornley, 2001).
This report was the first official recognition to the need for special-interest not-for-profit public broadcasting. Although the report did not clearly explain that public broadcasting should be self-funded, self-management, it was the beginning of initial idea of public broadcasting establishment. Under this arrangement, on 15 December 1974, 2MBS FM became Australia's first fully licensed FM radio station operated by the Music Broadcasting Society of New South Wales Co-Operative Limited. This radio station provided on-air music content mainly from the Western classical and related traditions while the remainder was made up of jazz, blues, and non-mainstream and experimental contemporary music. Up to this time, this on-air content was provided solely by the ABC. In 1976, the ABC commenced FM transmissions of similar on-air music content.
The Special Broadcasting Service (SBS) came about in unusual circumstances. In 1975, the Whitlam Labour government was concerned that minority communities might require details of the new Medibank health care scheme in their own languages. This led to the establishment of two ethnic radio stations, one in Sydney and one in Melbourne. These started broadcasting in June 1975, respectively with pre-recorded messages in seven and eight foreign languages. The following year, the Fraser Liberal-Country coalition government created the Consultative Committee on Ethnic Broadcasting. Following the recommendation of this and subsequent committees, the Broadcasting and Television Act 1942 was amended to establish the Special Broadcasting Service which took on the responsibility for the two ethnic radio stations. In 1979, SBS commenced television transmissions.
In the past fifteen years, there has been speculation that the ABC and SBS, as corporate bodies, would be combined. Operational efficiencies have been cited as the rationale. The Productivity Commission (2000) observed that the roles of each government-funded broadcaster are different to the other and different to commercial broadcasters. The main objective for the ABC is “to…provide...Australian innovative and comprehensive broadcasting services of a high standard ...consisting of national, commercial and community sectors and, without limiting the generality of the foregoing..”. The main objective for SBS is identified as “...provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians and, in doing so, reflect Australia`s multicultural society”.
In 1992 the Keating Labor Government asked the ABA to conduct a trial of community television using the vacant sixth television channel (UHF 31 in capital cities). Community television services have been provided on a trial basis since 1994 under the open narrowcast 'class licence'. These licences are issued on the condition that they are used only for community and educational non-profit purposes. Currently, these class licences are held in Melbourne, Brisbane, Lismore and Adelaide. In 2002, the legislation was changed to introduce new community television licences and in 2004 the ABA (to be replaced by the ACMA) issued the first licences for community television stations in Sydney, Perth, Melbourne and Brisbane.
Cable and satellite television services became available in 1992. After the initial broadcaster failed financially, two broadcasters which entered the national market later became the dominant broadcasters. Subsequently, four minor broadcasters entered the national market.
ABC and SBS role
Section 6 of Australian Broadcasting Corporation Act 1983, commonly referred to as “the ABC charter”, provides the ABC`s function and role. As earlier indicated, one of the functions of the ABC is to broadcast programs that contribute to a sense of national identity, inform and entertain. The ABC must also transmit its programs to countries outside Australia; this program could be news, current affairs, entertainment and cultural enrichment. With the broadcasting to other countries, there is the expectation that such programs will “encourage awareness of Australia and international understanding of Australian attitudes on world affairs” (1983). The ABC also has a role in the production and broadcasting of musical, dramatic and other performing arts in Australia.
From above description, ABC has a key role in the provision and the broadcasting of Australian content. The ABC`s 2007 Annual Report published the total hours of television and radio broadcasting for each genres and there are some interesting result. The highest number of hours – 1900 – for single genre broadcasting is children`s programming: interestingly 1400 hours or 73 per cent were imported children`s programs. The next highest are news and current affairs genres which are recorded 1500 hours with 100 percent genuine Australian content. In 2007, film broadcasted by the ABC were all imported, while the broadcasting of Australian program drama totalled only around ten hours (October 2008). The ABC broadcast around 60 per cent local content television program and rest were imported program. A major contributing factor to the use of imported program is the significant cost differences between Australian-produced and overseas-sourced television programming. As an illustration, programs in the genres of adult drama, drama and documentary programs were dominated by imported program which cost less ten per cent cost of comparative Australian content.
It is believed that without government funding to produce Australian content, the amount of Australian content would be significantly lower. However, in New Directions for the Arts 2007, the Australian government committed to amending the ABC charter to mandate similar minimum levels of Australian drama on ABC and free-to-air television networks. This would provide standard that all broadcast providers must broadcast an annual minimum transmission quota of 55 per cent Australian content between 6 AM and midnight. This includes minimum amounts of first-release drama, documentary and children`s programs.
New Technology
The introduction of digital broadcasting is one of many changes occurring in the technologies of media, communications and information services. It will change the way of encoding the signals which carry programs from land-based transmitters. By using digital broadcasting, it is expected the new technology will offer more services, better technical quality together with greater scope for audience interaction. Earlier technological transitions such as analogue to digital, digital video disks replacing video cassettes gave television viewers some influence over the timing of their viewing. Remote control simplified the process of choosing among the viewing options. But the transition to digital broadcasting requires broadcasters to invest heavily in new transmission and perhaps production equipment.
Digital broadcasting changes the way of encoding the information sent to audiences’ television and radio receivers, and represents a new system of transmission and reception. Technologies of transmitting and receiving information include wired and wireless systems. Wired systems use copper or coaxial cable to carry electronic signals, and optic fibre cables to carry light signals. Conventional broadcasting uses wireless transmissions of electronic signals which are received through aerials mounted on rooftops or motor vehicles or specific receivers, or incorporated within output devices, like portable Walkman radio/cassette players. Satellite broadcasts are received through dishes-aerials shaped like woks point at the satellite (Given, 1998) Audiences will be able to use this information to the sounds, images and interactive capabilities of any new services if they acquire new output or display devices. They still may be called television sets but all will be computers of a sort.
Computers store and process information digitally, and communicate with each other digitally. To connect to other computers on the internet, ‘modems’ either are attached to telephone lines or use a wireless access point to connect to other computers on the internet. Modems take the digital information from computers and convert into a form that can be transmitted along the copper lines which connect most homes to the telephone network.
The main motivation for technical improvements in television is to raise the quality of television pictures and sounds. Three elements of the television which can be upgraded are the resolution of the television image, the shape of the screen/image and the improvement of sound quality. Programs in High Definition Television also offers creative attractions-like image at a level of resolution previously only attainable on film; the post production flexibility of video at film-like resolutions; as well as enhanced or cheaper, special effects capabilities. Wide-screen formats are considered to offer a more natural frame for viewing by the human eye and more expansive visual possibilities.
But it may not be good news for audiences. To get this service, broadcast audiences must have new television and radios set that can receive digital broadcasts. Television viewers can buy decoders which receive digital TV signals, but customer will not get the benefits of any enhanced features, such as HDtv. Similarly, broadcasters will have to install new transmission equipment. This would be long-term investment. And finally, there is still debate about how closely the coverage of digital transmitters will replicate an analogue transmitter. There will be possibility that viewers who receive an analogue signal might not get a digital signal unless broadcasters use additional transmission sites.
The Future Policy Issues
The development of a policy option in the absence of political party platforms would be unrealistic. The Liberal and National parties appear to be silent preferring overarching principles that lack any substantive policies. The ALP’s 2007 National Platform and Constitution (2007a) observes that “the media, particularly broadcasting, are undergoing a process of major change, driven by digitisation, convergence of technology and the globalisation of broadcasting, communications and information technologies” and that the party “remains strongly committed to longstanding national and public interest objectives”. The Australian Greens 2007 platform indicates that “all Australians should be able to access a variety of affordable telecommunications” and “the government should lead by example and embrace open source and open standards”.(2009b)
As earlier observed, Australian policy development for the development and regulation of broadcasting services has been cumulative. The initial policy was based on such services being available from the government sector and from commercial enterprises licensed by the government. However, there was a specific delineation between the government’s area of broadcasting responsibility and the commercial enterprise’s area of responsibility. This delineation was purely geographical: the former had responsibility for the service within the nation while the latter was licensed to take on the responsibility for the service coming into and emanating from the nation. For the government, a licensing system also provides a revenue source.
Although the technology for broadcast transmissions changed, policy development followed the precedent set earlier. The government permitted the availability of such services through its licensing system. The government had a revenue source, while at the same time, was not required to provide budgetary outlays for the investment capital to set up the infrastructure.
This arrangement changes with the establishment of the ABC. But again, policy established in the United Kingdom is the precedent for the Australian experience in establishing and setting up the objectives of the government-funded broadcast service. But unlike both the United Kingdom and the United States of America, the Australian experience becomes an amalgam of both systems – a government-funded broadcaster and commercial enterprise broadcasters.
Apart from providing a revenue source from commercial enterprise broadcasters, the government can regulate the content of what is broadcast. In this respect, Australian broadcasters follow specific government censorship guidelines which reflect “community standards”. Likewise, content regulation also includes the amount of Australian-content programs to be broadcast. Similarly, recently, television broadcasters were directed to provide at least 30 minutes of local news coverage every day in their licence areas. It can be argued specific guidelines demonstrate the impact of the concern of the electorate about the content of broadcast programs. Such concerns can be expressed through the ballot box.
As earlier indicated, new broadcast technologies may be require new policies. The transmission of broadcast programs through the internet will bring new challenges. The ACMA is responsible for the management of internet safety issues. However the Australian constitution does not clearly provide either the states or the federal government power to censor online content, so internet censorship in Australia is a combination of various plans, laws, acts and policies. Nevertheless, earlier High Court cases indicate that the judiciary will consider that the ACMA has the power to control online content including broadcast programs.
The Australian experience of the combination of government-funded and licensed commercial broadcasters has worked well. By and large, this combination has satisfied the electorate’s demand for impartial news information and commentary, for entertainment and for minority groups to be represented in broadcasting. The licensing system provides a revenue source for the government. As well, the licensing system allows the government impose licence conditions which, to date, have been responses to issues from the electorate about what, or what is not, broadcast.
Conclusion
The Australian government has made decisions to introduce digital television and digital radio. Future, broadcasting policy will be affected by current government policies and decisions. Government policies about broadband and content limitations, managed through a statutory authority, are influenced by the electorate. As well, government initiatives are preparing broadcasters and audiences alike for broadcasting. In future, broadcasting will be transmitted digitally to audiences, individual members of which will choose what will be watched and the broadcasters, operating within government regulator`s directions, will broadcast programs that respond to the interests of audiences.
Reference
(1983) Australian Broadcasting Corporation Act. Canberra.
(2000) Broadcasting. Canberra, Productivity Commission.
(2007a) 2007 ALP National Platform Chapter 16.
(2007b) History of ABC in the 1930s. ABC Online Home.
(2008) Australian Broadcasting Control Board. Wikipedia Foundation.
(2009a) History of ABC Radio. ABC.
(2009b) Policy F3: Media and Communications. The Australian Greens Party.
(2009c) Public Broadcasting. Wikimedia Foundation, Inc.
(October 2008) ABC and SBS: Towards a digital future. Canberra, Department of Broadband, Communications and the Digital Economy.
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SCANNELL, P. & CARDIFF, D. (1991) A Social History of British Broadcasting, vol. 1, 1922-1939: Serving the Nation, London, Wiley-Blackwell.
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