Navigation: Previous Page | Contents | Next Page

Broadcasting Services (Simulcast Period End Date - Remote Licence Areas) Determination 2012

FRLI ID: F2012L01725
Introduced into the House of Representatives and the Senate on 22 August 2012
Portfolio: Broadband, Communications & the Digital Economy

Committee view

2.2        The committee understands that Australia does not have any declarations or reservations with regard to the right to freedom of expression in article 19(2) of the International Covenant on Civil and Political Rights (ICCPR).  The committee therefore seeks clarification from the Minister about whether and how the determination may engage article 19(2) before forming a view whether this determination is compatible with the human rights defined in the Human Rights (Parliamentary Scrutiny) Act 2011.

Purpose of the bill

2.3        The Determination sets 10 December 2013 as the date by which each holder of a commercial television broadcasting licence in a remote licence area is to cease transmitting the commercial television broadcasting service concerned in analog mode.

Compatibility with human rights

2.4        The statement of compatibility states that the determination is compatible with the human rights defined in the Human Rights (Parliamentary Scrutiny) Act 2011 because it does not engage any of the applicable rights and does not raise any human rights issues.

2.5        The statement also claims that Australia has made a reservation to article 19(2) of the ICCPR.  Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination.

2.6        According to the statement:

This determination is consistent with such reservation, which states that the regulation of television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people is compatible with Article 19 of the ICCPR.

2.7        The committee understands that the declaration (rather than reservation) in question was withdrawn by the Australian Government on 6 November 1984.

Navigation: Previous Page | Contents | Next Page