REPORT OF INVESTIGATION COMMUNITY RADIO STATION 2GLA SPONSORSHIP ANNOUNCEMENTS/ADVERTISEMENTS

Transcription

1 REPORT OF INVESTIGATION COMMUNITY RADIO STATION 2GLA SPONSORSHIP ANNOUNCEMENTS/ADVERTISEMENTS File No. 98/0078 Complaint No Investigation No. 531 INTRODUCTION On 19 January 1998 the Australian Broadcasting Authority ( the ABA ) received a written unresolved complaint in relation to community radio station 2GLA. The complainant alleged that certain sponsorship announcements broadcast by that station were not acknowledging the financial support of that sponsor as required by the Broadcasting Services Act 1992 ( the Act ). In response to these complaints the ABA sought written comments from the licensee of 2GLA, Great Lakes Area FM Community Radio Limited, as well as a sample audiotape recorded on 28 January 1998 (refer to transcript at Attachment A). The complainant also supplied the ABA with a sample audiotape recorded on 24 December 1997 (refer to transcript at Attachment B). LEGISLATIVE FRAMEWORK Section 123 of the Act requires that each industry sector develop codes of practice relating to program content issues and complaints handling processes. The community radio broadcasting sector registered its codes of practice with the ABA in January Under section 147 of the Act, if a person believes that another person who is providing a broadcasting service has committed an offence against the Act or the regulations, or has breached a condition of a licence or a class licence, then that person may make a complaint to the ABA about the matter. Section 149 of the Act requires the ABA to investigate complaints referred to it in these ways, unless it is satisfied that the complaint is frivolous, vexatious or not made in good faith. ASSESSMENT Clause 2(2) of Schedule 2 of the Act sets out what does not amount to advertising on community radio stations:...the broadcasting by a community broadcasting licensee of: (a) community information material or community promotional material: or

2 (b) a sponsorship announcement that acknowledges financial support by a person of the licensee, whether or not the announcement: (i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or (ii) promotes activities, events, products, services or programs of the person; or (c) material that announces or promotes the service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the services provided under the licence; is not to be taken to be the broadcasting of an advertisement. Clause 9 of Schedule 2 of the Act sets out certain conditions applicable to services provided under community broadcasting licences and states, in part, that: 9. (1) Each community broadcasting licence is subject to the following conditions:... (b) (3); the licensee will not broadcast advertisements, and the licensee will not broadcast sponsorship announcements otherwise than as mentioned in subclause... (3) A community broadcasting licensee may broadcast sponsorship announcements that run in total for not more than 4 minutes in any hour of broadcasting. (4) A community television broadcasting licensee may broadcast sponsorship announcements only during periods before programs commence, after programs end or during natural program breaks. (5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following: (a) (b) kind; material that publicises programs to be broadcast by the licensee; material that promotes the licensee s products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in (c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or in kind; (d) sponsorship announcements consisting of moving text that is overlaid on a test pattern. 2

3 THE COMPLAINT The complainant alleged that certain sponsorship announcements broadcast by 2GLA were not tagged (i.e. did not acknowledge financial support) and were thus advertisements under the Act. In its letter of complaint to the ABA the complainant wrote: It would appear that 2GLA is not meeting the regulations in that sponsorship announcements are not tagged as required under the BSA. To the general listener the station sounds no different to a commercial situation. I have enclosed a cassette tape of 2GLA broadcasts on 24 December 1997 that clearly demonstrates that the station is playing advertisements and not sponsorship announcements. LICENSEE S COMMENTS In a letter to the ABA dated 13 February 1998 the General Manager of 2GLA wrote: With regards to this station complying to paragraph 9(1)(b) of schedule 2 of the broadcast act, we believe we are complying with the stated requirements. Over time we have been looking at ways of presenting sponsorships with acknowledgment of sponsors support of the station announced at various times during programmes. It s the belief that doing this we are not breaching conditions of the act as we are acknowledging their sponsorship of the station on-air. Listeners to the station are more than aware we are a community station doing the things that keep them informed, entertained and filling a gap that our Commercial Operators are unable to fulfil. DISCUSSION Clause 9 of Schedule 2 of the Act (quoted in part earlier in this report) sets out certain conditions to which all community licensees are subject. Specifically, paragraph 9(1)(b) provides that no community broadcasting licensee shall be permitted to broadcast advertisements and that sponsorship announcements (which are permitted) shall not be broadcast unless they conform with the procedure as specified in subclause (3), i.e. the total broadcast time for sponsorship announcements does not exceed 4 minutes per hour. Paragraph 2(2)(b) of Schedule 2 of the Act (also quoted earlier) provides that what might otherwise be taken to be an advertisement shall not be so taken if it is a sponsorship announcement that acknowledges financial support by a person of the licensee. This is so whether or not the announcement specifies any details of the sponsor or promotes activities, events, products, services or programs of the sponsor. From the tapes of 2GLA broadcasts supplied to the ABA (refer to Attachments A and B) and from the licensee s letter to the ABA of 13 February 1998 it is apparent that 2GLA are often acknowledging the financial support of their sponsors in blocks rather than as part of each individual announcement. In other words, the announcement regarding a sponsor s product and the acknowledgment of financial support by that sponsor are frequently broadcast separately rather than in conjunction. However, in the opinion of the ABA this format is not consistent with the exemption at paragraph 2(2)(b) quoted above. 3

4 The wording of paragraph 2(2)(b) makes it a clear requirement that each sponsorship announcement itself must include an acknowledgment of financial support, as opposed to the acknowledgment being broadcast as a separate and discreet program element and at a different time during the broadcast. In the tapes supplied to the ABA by 2GLA each individual announcement does not acknowledge financial support by a sponsor. The tape of the broadcast from 28 January 1998 contains announcements for the Great Lakes Aquatic Centre, several local restaurants (as part of the Great Lakes FM restaurant guide), Forster Tuncurry Golf Club, Kit and Caboodle Restaurant and Forster Beach Photo and Craft which do not acknowledge financial support as part of the announcement. Similarly, in the tape of the broadcast from 24 December 1997 announcements for the Nabiac Hotel and Tuncurry Plaza do not acknowledge financial support. Rather, acknowledgments of financial support are made separately either earlier or later in the broadcast. As announcements with no acknowledgment accompanying them fall outside the scope of paragraph 2(2)(b) they would be likely to be held to be advertisements and therefore the licensee of a community station broadcasting such announcements would be in breach of the condition of its license set out at paragraph 9(1)(b) of Schedule 2 of the Act. ACTION TAKEN The licensee of 2GLA responded to the ABA s preliminary investigation report in a letter dated 1 May 1998, and stated that: The ABA can be assured that everything will be done to make sure that something like this will not be repeated again. All the volunteers and staff who are responsible to the making of the written sponsorships to and including the presenters and producers are fully aware of their understanding of the broadcast act concerning community radio stations about the difference of advertising to sponsorships. 4

5 DECISION I, Lesley Osborne, Acting Director Program Services Branch, being the appropriate delegated officer of the Australian Broadcasting Authority, am satisfied that the licensee of community radio station 2GLA, Great Lakes Area FM Community Radio Limited, breached the condition of its community radio broadcasting licence set out at paragraph 9(1)(b) of Schedule 2 of the Broadcasting Services Act 1992 in that it broadcast advertisements which do not come under the exemption at paragraph 2(2)(b) of Schedule 2 of that Act. Signed: Lesley Osborne dated this day of May

6 TAPE OF 2GLA FM (SUPPLIED BY LICENSEE) 28 JANUARY AM TO 9.00AM ATTACHMENT A Macquarie National News (international & national news) time-call 8.06, followed by mid-north coast weather ( Coastwatch, brought to you by Dial a Security Door ) station identification and time-call song - Something So Strong sung by Crowded House time-call phone-in competition ( Forster Shopping Village Secret Sound. Thanks to our sponsors - Forster Shopping Village ), followed by several callers announcement (untagged) - Great Lakes Aquatic Centre Bridal Extravaganza Cocktail Party of the Year Great Lakes FM restaurant guide: (untagged) Andys Fairview Family Restaurant Casuarina Restaurant Golden Pond time-call song - You Got a Friend sung by Brand New Heavies time-call announcement re competition for tickets to Greg Norman s Golf Championship sponsorship announcement - Harvey Norman 101 community update. Thanks to our sponsors Harvey Norman (followed by various community announcements) announcement - land being sold by Wilkins Real Estate Nabiac announcement - Great Lakes FM thanks our sponsors Dial a Security Door, Aim Higher, Wilkins Real Estate, Harvey Norman, Forster Tuncurry Golf Club for their kind support. A part of your community Great Lakes FM. song - Sweet Season sung by Carol King song - Truly, Madly, Deeply sung by Savage Garden time-call

7 announcement re competition for tickets to Greg Norman s Golf Championship Macquarie National News, followed by local (mid-north coast) weather station identification song - I Only Want To Be With You sung by Dusty Springfield song - Every Day a Winding Road sung by Cheryl Crow time-call short announcement - whale sighting in area short announcement re several jobs available in area sponsorship announcement - Nabiac Nursery and Craft Cottage announcement (untagged) - Forster Tuncurry Golf Club announcement - Support our sponsors Coca-Cola, Fred Williams, Gilmat Motors, The Kit and Caboodle, and Forster Beach Photo and Craft who support your local station Great Lakes FM. song - Brown Eyed Girl sung by Steel Pulse song - Are You Old Enough sung by Dragon time-call sponsorship announcement - Beach Street Fruit Market announcement (untagged) - Kit and Caboodle Restaurant announcement (untagged) - Forster Beach Photo and Craft message from NSW Minister for Sport and Recreation re the wisdom of learning to swim station identification song - Feel Like Making Love sung by Bad Company TAPE ENDS N.B. All songs identified by song title and artist 7

8 ATTACHMENT B TAPE OF 2GLA FM (SUPPLIED BY COMPLAINANT) 24 DECEMBER AM TO 8.30AM 8.00amMacquarie National News local weather forecast 8.07 station identification song - Gipsies, Tramps and Thieves sung by Cher 8.10 announcement re Forster Shopping Village Secret Sound Competition followed by: announcement re Forster Shopping Village followed by: 3 phone-ins re secret sound competition 8.13 announcement (untagged) for Nabiac Hotel 8.14 Great Lakes FM Restaurant Guide (info re various restaurants in area) 8.16 song - Bitch sung by Meredith Brooks 8.19 station competition - $25.00 giveaway 8.20 announcement (untagged) - Tuncurry Plaza 8.21 announcement for Harvey Norman Taree, followed by: Harvey Norman 101 Community Update (various community announcements) 8.22 station I.D. song - Leave Your Hat On sung by Tom Jones song - Cotton Fields sung by The Beach Boys(?) 8.30 Macquarie National News TAPE ENDS 8