Chapter 1 - Introduction

[1]        Journals of the Senate, 1 September 2016, pp. 92–94.

[2]        The Hon Paul Fletcher MP (Minister representing the Minister for Communications and the Arts), House of Representatives Hansard, 1 September 2016, p. 259.

[3]        Witnesses at the hearings included major metropolitan television broadcasters, regional television broadcasters, News Corp Australia, Fairfax, ASTRA/Foxtel, the Media Entertainment and Arts Alliance (MEAA), the NSW Farmers' Association, relevant academics and other interested stakeholders, and the following government agencies: the Department of Communications and the Arts, the Australian Competition and Consumer Commission (ACCC) and the Australian Communications and Media Authority (ACMA).

[4]        Senate Environment and Communications Legislation Committee, Broadcasting Legislation Amendment (Media Reform Bill) 2016 [Provisions], May 2016, pp. 37, 40.

[5]        The regulation impact statement published in the replacement Explanatory Memorandum (EM) explains that the framework is based 'on the concept of "control", not ownership per se'.
If 'a person has company interests exceeding 15 per cent, they are regarded as being in a position to exercise control of the company. However, holding company interests is not the only way to be in a position to exercise control'. Another example of control is the ability 'to control the selection or provision of a significant proportion of the licensee's programming'. For further examples, see EM, p. 6. 

[6]        ACMA, 'Statutory control rules', www.acma.gov.au/Industry/Broadcast/Media-ownership-and-control/Ownership-and-control-rules/statutory-control-rules-media-ownership-control-acma (accessed 7 October 2016); Department of Communications, 'Media control and ownership', Policy background paper, No. 3, June 2014, www.acma.gov.au/Industry/Broadcast/Media-ownership-and-control/Ownership-and-control-rules/statutory-control-rules-media-ownership-control-acma (accessed 21 March 2016), p. 19.

[7]        See Broadcasting Services Act 1992, s. 52.

[8]        Department of Communications, 'Media control and ownership', p. 19. See also EM, p. 1.

[9]        Under the BSA framework, a newspaper is associated with:

•      a television broadcasting licence if 'more than 50 per cent of its circulation is within the relevant licence area'; and

•      a commercial radio licence if 'more than 50 per cent of its circulation is within the relevant licence area and the newspaper circulation covers at least two per cent of the licence area's population'.

National newspapers, such as The Australian and The Australian Financial Review, are not included in the definition of associated newspapers. Dr Simon Pelling, First Assistant Secretary, Content Division, Department of Communications and the Arts, Committee Hansard, 24 October 2016, p. 43.

[10]      EM, pp. 6–7.

[11]      Mr Rod Sims, Chairman, ACCC, Committee Hansard, 31 March 2016, p. 50.

[12]      See ACCC, Draft media merger guidelines, August 2016, https://consultation.accc.gov.au/‌mergers-and-adjudication/draft-media-merger-guidelines/supporting_documents/Draft Media Mergers Guidelines.pdf (accessed 15 September 2016), p. 12.

[13]      Department of Communications, 'Media control and ownership', p. 11.

Chapter 2 - Key issues

[1]        Replacement Explanatory Memorandum (EM), pp. 1–2.

[2]        Southern Cross Austereo, Submission 4, p. 4.

[3]        Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 32.

[4]        Mr Hywood informed the committee that US research shows 'that 85 per cent of new display advertising coming in to the US market is now going to Google and Facebook. Mr Greg Hywood, Chief Executive Officer, Fairfax Media, Committee Hansard, 24 October 2016, p. 12.

[5]        Mr Greg Hywood, Fairfax Media, Committee Hansard, 24 October 2016, p. 12.

[6]        Mr Ian Audsley, Chief Executive Officer, Prime Media Group, Committee Hansard, 24 October 2016, p. 35.

[7]        EM, p. 1.

[8]        Mr Ian Audsley, Prime Media Group, Committee Hansard, 24 October 2016, p. 39.

[9]        Foxtel proposed to acquire up to 15 per cent of Ten while Ten proposed to acquire a 24.9 per cent stake in the Multi Channel Network (a supplier of advertising opportunities on subscription television channels). Ten also had an option to acquire 10 per cent of Presto TV, a joint venture between Foxtel and Seven West Media. Australian Competition and Consumer Commission (ACCC), 'Mergers register', http://registers.accc.gov.au/content/index.phtml/‌itemId/750991 (accessed 21 March 2016).

[10]      Mr Rod Sims, Chairman, ACCC, Committee Hansard, 31 March 2016, p. 43.

[11]      Mr Tim Worner, Chief Executive Officer, Seven West Media, Committee Hansard, 24 October 2016, p. 2.

[12]      Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 7.

[13]      Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 9.

[14]      Professor Rodney Tiffen, Committee Hansard, 24 October 2016, p. 17.

[15]      Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 9.

[16]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 29.

[17]      Professor Rodney Tiffen, Committee Hansard, 24 October 2016, p. 17.

[18]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 28.

[19]      Mr Ian Audsley, Prime Media Group, Committee Hansard, 24 October 2016, p. 39.

[20]      Mr Grant Blackley, Chief Executive Officer, Southern Cross Austereo, Committee Hansard, 24 October 2016, p. 36.

[21]      Mr Ian Audsley, Prime Media Group, Committee Hansard, 24 October 2016, p. 35.

[22]      Mr Ian Audsley, Prime Media Group, Committee Hansard, 24 October 2016, p. 35.

[23]      Professor Rodney Tiffen, Committee Hansard, 24 October 2016, p. 17.

[24]      WIN Network, Submission 10 (previous inquiry), p. 6.

[25]      Ms Annabelle Herd, Director, Corporate and Regulatory Affairs, Ten Network Holdings, Committee Hansard, 29 April 2016, p. 23.

[26]      Mr Greg Hywood, Fairfax Media, Committee Hansard, 24 October 2016, p. 12.

[27]      Mr Greg Hywood, Fairfax Media, Committee Hansard, 24 October 2016, p. 12.

[28]      Mr Greg Hywood, Fairfax Media, Committee Hansard, 24 October 2016, p. 13.

[29]      Dr Derek Wilding, Submission 17, p. 12.

[30]      Dr Derek Wilding, Committee Hansard, 31 March 2016, p. 8.

[31]      Emeritus Professor Rodney Tiffen, Submission 10, pp. 1, 7.

[32]      Professor Rodney Tiffen, Committee Hansard, 24 October 2016, p. 17.

[33]      Professor Rodney Tiffen, Committee Hansard, 24 October 2016, p. 19.

[34]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 29.

[35]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 29.

[36]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 31.

[37]      Mr Ian Audsley, Prime Media Group, Committee Hansard, 31 March 2016, p. 33.

[38]      Mr Ian Audsley, Prime Media Group, Committee Hansard, 24 October 2016, p. 36.

[39]      Ten Network Holdings, Submission 15 (previous inquiry), p. 3.

[40]      Mr Paul Anderson, Chief Executive Officer, Ten Network Holdings, Committee Hansard, 24 October 2016, p. 26.

[41]      Ms Annabelle Herd, Director of Corporate and Regulatory Affairs, Ten Network Holdings, Committee Hansard, 24 October 2016, p. 26.

[42]      Mr Paul Anderson, Ten Network Holdings, Committee Hansard, 24 October 2016, p. 23.

[43]      News Corp Australia, Submission 6 (previous inquiry), p. 1.

[44]      Seven West Media, Submission 14 (previous inquiry), p. 10.

[45]      Mr Tim Worner, Seven West Media, Committee Hansard, 24 October 2016, p. 2.

[46]      Mr Tim Worner, Seven West Media, Committee Hansard, 24 October 2016, p. 3.

[47]      Seven West Media, Submission 14 (previous inquiry), pp. 12–13; Ten Network Holdings, Submission 15 (previous inquiry), p. 1; Nine Entertainment Co, Submission 16 (previous inquiry), p. 4; and Prime Media Group, Submission 3, p. 1.

[48]      Ten Network Holdings, Submission 15 (previous inquiry), p. 1.

[49]      Broadcasting Legislation Amendment (Television and Radio Licence Fees) Bill 2016.

[50]      Nine Entertainment Co, Submission 2, p. 1.

[51]      Mr Paul Anderson, Ten Network Holdings, Committee Hansard, 24 October 2016, p. 23.

[52]      Ms Bridget Fair, Group Chief, Corporate and Regulatory Affairs, Seven West Media, Committee Hansard, 24 October 2016, p. 5. Seven West Media also provided the committee with information indicating that the sector has reinvested previous licence fee cuts in content and new delivery platforms: see Additional Information 2 (Venture Consulting, 'The case for the abolition of the broadcast licence fee (summary)', September 2016).

[53]      ASTRA, Submission 7, pp. 4–5.

[54]      ASTRA, Submission 7, p. 4.

[55]      Mr Greg Hywood, Fairfax Media, Committee Hansard, 24 October 2016, p. 14.

[56]      Mr Ian Audsley, Prime Media Group; Mr Andrew Lancaster, Chief Executive Officer, WIN Network, Committee Hansard, 24 October 2016, p. 40.

[57]      Professor Fraser called for the introduction of a 'broad, minimum number of voices rule that takes into account a public interest test'. Further, he argued for a 'strong systems of enforceable industry standards...[to] be developed and implemented to ensure fairness, accuracy and high standards of journalism in news and current affairs across all major platforms'. Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 8.

[58]      Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 8.

[59]      EM, p. 36.

[60]      Professor Michael Fraser AM, Committee Hansard, 24 October 2016, p. 11.

[61]      Emeritus Professor Graeme Turner, Committee Hansard, 24 October 2016, p. 32.

[62]      Prime Media Group, Submission 3, p. 4.

[63]      Prime Media Group, Submission 3, p. 4.

[64]      Emeritus Professor Rodney Tiffen, Submission 10, p. 7.

[65]      Senate Environment and Communications Legislation Committee, Broadcasting Legislation Amendment (Media Reform Bill) 2016 [Provisions], May 2016, pp. 36–37.

[66]      Senate Environment and Communications Legislation Committee, Broadcasting Legislation Amendment (Media Reform Bill) 2016 [Provisions], May 2016, pp. 34–37.

[67]      NSW Farmers' Association, Submission 9, p. 1.

[68]      Emeritus Professor Rodney Tiffen, Submission 10, p. 1.

[69]      Emeritus Professor Rodney Tiffen, Submission 10, p. 1.

[70]      Emeritus Professor Rodney Tiffen, Submission 10, p. 6.

[71]      NSW Farmers' Association, Submission 9, p. 2.

[72]      NSW Farmers' Association, Submission 9, p. 2.

[73]      NSW Farmers' Association, Submission 9, p. 1.

Labor Senators' Dissenting Report

[1]        M Fifield (Minister for Communications), 'Modernising Australian media laws', Media release, 1 March 2016.

[2]        Essential Research, The Essential Report, 27 September 2016, p. 13. In response to the question 'Would you approve or disapprove of changing the media laws to allow a single company to own all three of a newspaper, TV network and radio station in a single market?', 61 per cent of respondents answered either 'strongly disapprove' or 'disapprove'.

[3]        Department of Communications, Media control and ownership, Policy background paper No. 3, June 2014, p. 21.

[4]        Des Butler and Sharon Rodrick, Australian Media Law (2015), p. 952.

[5]        Broadcasting Services Act 1992, s. 3(b).

[6]        Broadcasting Services Act 1992, s. 3(c).

[7]        Productivity Commission, Broadcasting, Inquiry Report, No. 11, 3 March 2000, p. 328.

[8]        Australian Communications and Media Authority, Enduring Concepts – Communications and media in Australia, November 2011, p. 42.

[9]        Essential Research, 'The Essential Report', 27 September 2016, p. 13.

[10]      Ten Network, Submission to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, 27 September 2016, p. 1.

[11]      ASTRA, Submission to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, 27 September 2016, p. 1.

[12]      Stephen Conroy, 'Government moves to protect TV content', Media release, 8 February 2010.

[13]      Nine, Submission to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, 22 September 2016, p. 1.

[14]      Evidence to Senate Environment and Communications, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, Proof Committee Hansard, 24 October 2016, pp. 9, 21 and 28.

[15]      Department of Communications, Media control and ownership, Policy background paper No. 3, June 2014, p. 21.

[16]      The Hon R Finkelstein QC, Report of the Independent Inquiry Into the Media and Media Regulation, Report to the Minister for Broadband and the Digital Economy, 28 February 2012, pp. 59–60.

[17]      Ibid., p. 58.

[18]      The 5/4 'minimum voices' rule requires a minimum of four voices in regional areas and a minimum of five voices in the mainland state capitals.

[19]      Department of Communications, Media control and ownership, Policy background paper No. 3, June 2014, p. 17-18.

[20]      Ibid., p. 18.

[21]      Ibid., pp. 55–56 (Appendix B).

[22]      Ibid., pp. 17–18.

[23]      Chris Mitchell, Making Headlines (2016), Prologue.

[24]      ThinkTV, More Reasons Why TV, webpage, accessed 6 November 2016 available at http://www.thinktv.com.au/content_common/pg-more-reasons-why-tv.seo. See also ThinkTV, Australian Television, Fast Facts available at http://www.thinktv.com.au/content_common/pg-tv-fast-facts-television-viewing-in-australia.seo. ThinkTV is a research and marketing company, backed by Australia's free-to-air and subscription television broadcasters.

[25]      Commercial Radio Australia, 'Aussie radio reigns supreme in battle for ears', Media release, 7 October 2016.

[26]      Australian Communications and Media Authority, Communications Report 2014-15, 2015, p. 77.

[27]      Department of Communications, Media control and ownership, Policy background paper No. 3, June 2014, p. 29.

[28]      Ibid., p. 37.

[29]      Ibid., p. 36.

[30]      Ibid., p. 28.

[31]      Lesley Hitchens, 'Media Regulatory Frameworks in the Age of Broadband: Securing Diversity', Journal of Information Policy 1 (2011), 217–240.

[32]      National Farmers' Federation, Submission to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, 6 October 2016, p. 1.

[33]      ABS, Household Use of Information Technology, Australia, 2014-15, 18 February 2016.

[34]      Australian National Audit Office, Award of Funding under the Mobile Black Spot Programme, 1 September 2016, p. 8.

[35]      ACMA, Research Snapshot: Regional Australians Online, 28 April 2016.

[36]      Reuters Institute, Digital News Report 2015, p. 10.

[37]      Roy Morgan, Measuring Australia’s Digital Divide: Australian Digital Inclusion Index 2016, p. 5.

[38]      ACMA, Research Snapshot: Regional Australians Online, 28 April 2016.

[39]      Mr Tim Worner, Evidence to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, Proof Committee Hansard, 24 October 2016, p. 1.

[40]      Media Watch, They're back: Media Reforms 2016, transcript, 1 February 2016. Note that 'Fairfax teaming up with Channel Nine' refers to merger activity going beyond joint ventures like StreamCo/Stan.

[41]      Mumbrella, Macquarie Radio to Cut 10% of Staff, 1 May 2015.

[42]      Broadcasting Legislation Amendment (Media Reform) Bill 2016, Replacement Explanatory Memorandum, p. 18.

[43]      Dr Simon Pelling, Evidence to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, Proof Committee Hansard, 24 October 2016, p. 43.

[44]      Ms Bridget Fair, Evidence to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, Proof Committee Hansard, 24 October 2016, p. 3.

[45]      Professor Julian Thomas, Board Member, Public Interest Journalism Foundation, Evidence to Senate Environment and Communications Legislation Committee, Inquiry into Broadcasting Legislation Amendment (Media Reform) Bill 2016, Committee Hansard, 29 April 2016, p. 5.

[46]      The draft Media Merger Guidelines were released on 26 August 2016 further to a request from the Communications Minister on 29 March 2016 noting the Government had introduced the Broadcasting Legislation Amendment (Media Reform) Bill 2016 into Parliament on 2 March 2016.

[47]      ACCC, 'ACCC seeks comments on its draft guidelines for assessing media mergers', Media release, 26 August 2016.

[48]      Ibid.

[49]      DigEcon Research, Submission to Senate Environment and Communications Legislation Committee, Inquiry Into Broadcasting Legislation Amendment (Media Reform) Bill 2016, 26 September 2016, pp. 1–4.