OPPOSITION SENATORS MINORITY STATEMENT
Introduction
The Opposition gave broad endorsement to the Government's announcement
on 24 March 1998 on the introduction of digital broadcasting into
Australia. It also indicated that when the Government publicly released
its legislation, the Opposition would examine the legislative framework
very closely.
The Government introduced the legislation into the House of Representatives
on 8 April 1998 and indicated that it would be dealing with the legislation
as a priority. The Government rejected the Opposition's attempt to refer
the legislation for a thorough and comprehensive Senate inquiry, and instead
gave the Senate Environment Recreation Communications and the Arts Legislation
Committee barely a month to conduct an inquiry into a complicated piece
of legislation.
The Opposition Senators believe that it is irresponsible to fast-track
a piece of legislation that will have such a profound impact on the broadcasting
industry and television consumers in this country. The inability of the
report to properly address many of the complex issues and blithely endorse
a legislative framework based on further reviews, delegated legislation
and Ministerial discretion, confirm the need for a more comprehensive
inquiry process.
The Broad Framework
The Opposition Senators endorse the following elements of the Government's
legislation:
- the start-up dates for digital television in metropolitan and non-metropolitan
Australia
- the mandating of High Definition Television (HDTV) content levels
- the proposed time-frame for simulcasting
- the `loan' of 7 MHz to existing free-to-air broadcasters for simulcasting
their analogue and digital signal
- a financial assistance package for regional broadcasters, subject
to further information and costings being provided by the Government
The Opposition Senators do not support a ban until 31 December 2008 on
the issuing of new broadcasting licences, and foreshadow that the Opposition
will not support a moratorium on new licences beyond 31 December 2006.
The commercial broadcasters have claimed that in order to meet the proposed
start-up date for digital television of 1 January 2001, it is essential
that they be in a position to formulate their structural and purchasing
plans as a matter of urgency. Whilst not making any judgement as to the
validity of this claim, the Opposition is willing to support legislation
that provides the minimum essential threshold elements for the introduction
of digital television.
Therefore, it is recommended that the current Bill be divided into
two:
the first part, to be dealt with in the current session, providing
the basic framework for the introduction of digital television;
and the second part, to be dealt with in the next session, covering
those issues which require further scrutiny, public debate and discussion,
and a comprehensive response from the Government.
Issues Requiring Further Information and Consideration
Assistance to regional broadcasters: The Opposition Senators agree that
financial assistance will need to be provided to regional broadcasters
in recognition of the disproportionate costs they will face in migrating
into a digital environment. However, the Government needs to provide more
detailed information and costings on any proposals for financial assistance.
Additional licences in regional areas: Regional broadcasters made submissions
to the Committee that the ban on additional broadcasting licences should
be an absolute ban, rather than a cap on the number of licences. That
is, capping licences at “no more than three” effectively prevented
new licences being issued in metropolitan and most regional territories;
but in those areas where there are less than three licences, new licences
could still be issued. The Opposition Senators recognise this anomaly
and believe that the legislation should provide for a blanket moratorium
on the issuing of new licences, irrespective of the number of existing
licences in a particular market.
National Broadcasters: The legislation provides for the ABC and SBS to
be included in the migration into a digital broadcasting environment,
and also offers unique and exciting possibilities for the national broadcasters.
The Opposition believes that the ABC and SBS should be exempted from the
prohibition on multichannelling within the legislation, rather than this
exemption being available to the Minister as a regulatory power. There
are no doubt other issues of particular relevance to the national broadcasters
– such as funding issues – which have been given insufficient
consideration by the Committee, and need to be further examined.
Definitions of multichannelling, datacasting, enhanced services: The
report of the Committee illustrates that far more consideration needs
to be given to these issues. It appears that the definitions of these
services depends on whose submissions, or whose evidence is accepted.
This is a complex issue and has important implications for a range of
different service providers, and it will also impact on consumer access
to services. It would be irresponsible for the Parliament to deal with
legislation in relation to these issues, without understanding the precise
scope of the services.
Other Issues: There are a wide range of issues which need to be examined
in a considered manner, and these include:
- technical standards;
- services to underserved areas;
- enhancements for viewers with disabilities;
- industry policy strategies;
- consumer education; and
- content rules.
The Parliament needs to satisfy itself that these and other issues have
been examined carefully. It is indicative of the fact that the legislation
has been brought before the Parliament with undue haste, that before the
legislation had even been debated in the House of Representatives, the
Government distributed over thirty pages of amendments to the legislation.
Conclusion
The Opposition Senators believe it is inappropriate to be fast-tracking
legislation which is attempting to deal with complicated issues of convergence
which have not been addressed in the context of this Bill. The Parliament
should not be placed in the position of having to make decisions, which
in the not too distant future are found to have been flawed, primarily
due to a poor process and lack of broader analysis.
A feature of the Bill is the provision of wide regulatory and discretionary
powers to the Minister – notwithstanding the power of the Parliament
to disallow. This is an inappropriate manner in which to exercise legislative
responsibilities.
The Opposition has given in-principle support to the introduction of
digital television in Australia. It is prepared to facilitate the passing
of legislation in the manner outlined, and this will provide a broad framework
for the introduction of digital television, thereby providing a level
of certainty for the industry, whilst still providing for further consideration
of the critical matters identified.
Senator Chris Schacht
ALP Senator for South Australia
Senator Kate Lundy
ALP Senator for the ACT