NEWS MEDIA (SELF-REGULATION) BILL 2013

2010-2011-2012-2013

The Parliament of the

Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

News Media (Self-regulation) Bill 2013

No. , 2013

(Broadband, Communications and the Digital Economy)

A Bill for an Act relating to news media

self-regulation, and for other purposes

i News Media (Self-regulation) Bill 2013 No. , 2013

Contents

Part 1--Preliminary

Short title ........................................................................................... 1

Commencement ................................................................................. 2

Simplified outline .............................................................................. 2

Definitions ......................................................................................... 3

News or current affairs activities ....................................................... 6

Extension to external Territories ........................................................ 7

Part 2--News media self-regulation body

Division 1--Declaration

News media self-regulation body ...................................................... 8

Consultation and publication ........................................................... 12

When declaration takes effect .......................................................... 12

Division 2--Revocation of declaration

Revocation of declaration ................................................................ 13

Consultation ..................................................................................... 14

When revocation takes effect ........................................................... 15

Part 3--Miscellaneous

Online service provider .................................................................... 16

Implied freedom of political communication ................................... 16

Review of this Act ........................................................................... 16

Regulations ...................................................................................... 17

Part 1 Preliminary

Section 2

2 News Media (Self-regulation) Bill 2013 No. , 2013

2 Commencement

(1) Each provision of this Act specified in column 1 of the table

commences, or is taken to have commenced, in accordance with

column 2 of the table. Any other statement in column 2 has effect

according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

1. Sections 1 and

2 and anything in

this Act not

elsewhere covered

by this table

The day this Act receives the Royal Assent.

2. Sections 3 to

The latest of:

(a) the day after this Act receives the Royal

Assent; and

(b) the day the News Media (Self-regulation)

(Consequential Amendments) Act 2013

receives the Royal Assent; and

Media Advocate Act 2013 commences.

However, the provision(s) do not commence

at all if the events mentioned in

paragraphs (b) and (c) do not occur.

Note:

This table relates only to the provisions of this Act as originally

enacted. It will not be amended to deal with any later amendments of

this Act.

(2) Any information in column 3 of the table is not part of this Act.

Information may be inserted in this column, or information in it

may be edited, in any published version of this Act.

3 Simplified outline

The following is a simplified outline of this Act and the associated

provisions of the Privacy Act 1988:

Preliminary Part 1

Section 4

News Media (Self-regulation) Bill 2013 No. , 2013 3

•

Under this Act, the Public Interest Media Advocate (PIMA)

may declare that a specified body corporate is a news media

self-regulation body.

•

A news media self-regulation body must have a news media

self-regulation scheme that is binding on the news media

organisation members of the body.

•

Under subsection 7B(4) of the Privacy Act 1988, a news

media organisation will not be eligible for exemption from

that Act unless the organisation is a member of a news media

self-regulation body.

Note:

The Public Interest Media Advocate is appointed under the Public

Interest Media Advocate Act 2013.

4 Definitions

In this Act:

aggregate includes provide links to.

Australia, when used in a geographical sense, includes the external

Territories.

carriage service has the same meaning as in the

Telecommunications Act 1997.

constitutional corporation means a corporation to which

paragraph 51(xx) of the Constitution applies.

content means content:

(a) whether in the form of text; or

(b) whether in the form of data; or

(d) whether in the form of visual images (animated or

otherwise); or

(e) whether in any other form; or

(f) whether in any combination of forms.

Part 1 Preliminary

Section 4

4 News Media (Self-regulation) Bill 2013 No. , 2013

control includes control as a result of, or by means of, trusts,

agreements, arrangements, understandings and practices, whether

or not having legal or equitable force and whether or not based on

legal or equitable rights.

designated broadcasting or datacasting service means:

(a) a licensed broadcasting service (within the meaning of

Schedule 7 to the Broadcasting Services Act 1992); or

(b) a national broadcasting service (within the meaning of the

Broadcasting Services Act 1992); or

Schedule 7 to the Broadcasting Services Act 1992); or

(d) a licensed datacasting service (within the meaning of

Schedule 7 to the Broadcasting Services Act 1992); or

(e) a re-transmitted datacasting service (within the meaning of

Schedule 7 to the Broadcasting Services Act 1992).

electronic communications means communications that are carried

by means of guided and/or unguided electromagnetic energy.

media-related activities means:

(a) the collection; or

(b) the preparation for dissemination; or

of material for the purpose of making it available to the public:

(d) in printed form; or

(e) by means of electronic communications.

Note:

This defined term is used in paragraph (a) of the definition of news

media organisation.

news media organisation means a constitutional corporation

whose activities:

(a) are wholly or principally media-related activities; and

(b) consist of, or include, news or current affairs activities;

but does not include a small business operator (within the meaning

of the Privacy Act 1988).

Preliminary Part 1

Section 4

News Media (Self-regulation) Bill 2013 No. , 2013 5

news media organisation member, in relation to a body corporate,

means a news media organisation that is a member of the body

corporate.

news media self-regulation body has the meaning given by

subsection 7(1).

news media self-regulation scheme, in relation to a body

corporate, means a written scheme that:

(a) is binding on the news media organisation members; and

(b) authorises the body corporate to formulate standards that are

applicable to news media organisation members in relation to

the news or current affairs activities of those members; and

standards, whether:

(i) in response to a complaint; or

(ii) on the body corporate's own initiative; and

(d) authorises the body corporate to take remedial action in

relation to a news media organisation member if the body

corporate is satisfied, in the course of such an investigation,

that the member has breached such a standard.

news or current affairs activities has the meaning given by

section 5.

news or current affairs aggregation service means:

(a) an online service; or

(b) any other service;

that does no more than aggregate any of the following material:

(d) material consisting of commentary or opinion on, or analysis

of, news or current affairs.

online service means:

(a) a service that delivers content to persons having equipment

appropriate for receiving that content, where the delivery of

the service is by means of electronic communications; or

(b) a service that allows end-users to access content using

electronic communications;

Part 1 Preliminary

Section 5

6 News Media (Self-regulation) Bill 2013 No. , 2013

but does not include a designated broadcasting or datacasting

service.

PIMA means the Public Interest Media Advocate.

Note:

See the Public Interest Media Advocate Act 2013.

remedial direction includes:

(a) a direction to publish an apology; and

(b) a direction to publish a correction.

service includes a website.

5 News or current affairs activities

(1) For the purposes of this Act, news or current affairs activities are:

(a) the collection; or

(b) the preparation for dissemination; or

of any of the following material for the purpose of making it

available to the public:

(d) material having the character of news or current affairs;

(e) material consisting of commentary or opinion on, or analysis

of, news or current affairs.

(2) Subsection (1) does not apply to:

(a) material that is disseminated, or is to be disseminated, by

means of:

(i) a newspaper; or

(ii) a periodical; or

(iii) a newsletter; or

(iv) an online service;

that is not targeted to the public in Australia; or

(b) material that is disseminated, or is to be disseminated, by

means of:

(i) a newspaper; or

(ii) a periodical; or

(iii) a newsletter; or

(iv) an online service;

Preliminary Part 1

Section 6

News Media (Self-regulation) Bill 2013 No. , 2013 7

that is targeted to a special interest group; or

means of:

(i) a printed book; or

(ii) an electronic book; or

(iii) an audio book; or

(d) material that is disseminated, or is to be disseminated, by a

designated broadcasting or datacasting service; or

(e) material that is disseminated, or is to be disseminated, by

means of:

(i) a newspaper; or

(ii) a periodical; or

(iii) a newsletter; or

(iv) an online service;

that is associated with a designated broadcasting or

datacasting service; or

(f) anything done by the provider of a news or current affairs

aggregation service for the purposes of the provision of such

a service; or

(g) material that is included in a class of material specified in a

legislative instrument made by the PIMA; or

(h) an activity that is included in a class of activities specified in

a legislative instrument made by the PIMA.

6 Extension to external Territories

This Act extends to every external Territory.

Part 2 News media self-regulation body

Division 1 Declaration

Section 7

8 News Media (Self-regulation) Bill 2013 No. , 2013

Part 2--News media self-regulation body

Division 1--Declaration

7 News media self-regulation body

(1) The PIMA may, by writing, declare that a specified body corporate

is a news media self-regulation body for the purposes of this Act.

Eligibility requirements

(2) The PIMA must not make a declaration under subsection (1) in

relation to a body corporate unless:

(a) the body corporate is a company that is registered under

Part 2A.2 of the Corporations Act 2001; and

(b) the body corporate is a company limited by guarantee; and

and

(d) the only circumstances in which the body corporate has the

power to:

(i) suspend a news media organisation member's rights as a

member of the body corporate; or

(ii) expel a news media organisation member from the body

corporate;

are circumstances that involve:

(iii) a failure by the member to pay a fee or charge payable

by the member to the body corporate; or

(iv) a breach of a remedial direction given to the member by

the body corporate under the news media self-regulation

scheme.

Matters to which the PIMA must have regard

(3) In deciding whether to make a declaration under subsection (1) in

relation to a body corporate, the PIMA must have regard to the

following matters:

News media self-regulation body Part 2

Declaration Division 1

Section 7

News Media (Self-regulation) Bill 2013 No. , 2013 9

(a) the extent to which the body corporate's news media

self-regulation scheme has been, or is likely to be, effective

(including whether the body corporate's complaints handling

processes and procedures have been, or are likely to be,

carried out in a timely manner);

(b) the extent to which standards formulated under the body

corporate's news media self-regulation scheme deal with the

following:

(i) privacy;

(ii) fairness;

(iii) accuracy;

(iv) other matters relating to the professional conduct of

journalism;

standards;

(d) the extent to which the body corporate's news media

self-regulation scheme provides for the body corporate to

publish, on the body corporate's website:

(i) the standards referred to in paragraph (b); and

(ii) statistics relating to compliance with the standards; and

(iii) periodic reports relating to compliance with the

standards; and

(iv) the results of investigations, conducted by the body

corporate under the scheme, of breaches of the

standards; and

(v) other documents of the body corporate that are relevant

to the scheme;

(e) the extent to which the body corporate's news media

self-regulation scheme provides for remedial action to be

taken by the body corporate, including the power to:

(i) give remedial directions to news media organisation

members; and

(ii) suspend a news media organisation member's rights as a

member of the body corporate in circumstances that

involve a breach of such a direction by the member; and

Part 2 News media self-regulation body

Division 1 Declaration

Section 7

10 News Media (Self-regulation) Bill 2013 No. , 2013

(iii) expel a news media organisation member from the body

corporate in circumstances that involve a breach of such

a direction by the member;

(f) whether complaints can be made to the body corporate, in

relation to breaches of the standards referred to in

paragraph (b):

(i) free of charge; and

(ii) without the requirement that the complaint be first made

to, or considered by, a news media organisation;

(g) the extent to which decision-making under the body

corporate's news media self-regulation scheme is

independent from:

(i) news media organisations; and

(ii) persons who are in a position to exercise control of

news media organisations; and

(iii) persons who have significant influence over news media

organisations; and

(iv) the Commonwealth Government; and

(v) the governments of the States; and

(vi) the governments of the Territories; and

(vii) authorities of the Commonwealth; and

(viii) authorities of the States; and

(ix) authorities of the Territories;

(h) both:

(i) the extent to which public awareness programs relating

to the body corporate's news media self-regulation

scheme have been, or are likely to be, conducted by the

body corporate; and

(ii) the extent to which such programs have been, or are

likely to be, effective;

(i) the extent to which the body corporate has arrangements to

conduct regular independent reviews of the following

matters:

(i) the body corporate's news media self-regulation

scheme;

(ii) the standards referred to in paragraph (b);

News media self-regulation body Part 2

Declaration Division 1

Section 7

News Media (Self-regulation) Bill 2013 No. , 2013 11

(iii) the implementation of the body corporate's news media

self-regulation scheme;

(j) the extent to which the body corporate consulted the Privacy

Commissioner in relation to the formulation of the body

corporate's news media self-regulation scheme;

(k) the extent to which membership of the body corporate is

open to:

(i) all news media organisations; and

(ii) other persons whose activities consist of, or include,

news or current affairs activities;

(l) the extent to which the body corporate's membership

processes are open, transparent and fair;

(m) whether the funding arrangements for the body corporate are

sustainable for the body corporate;

(n) whether the fees and charges payable by news media

organisation members to the body corporate are reasonable

for those members;

(o) the need for freedom of expression;

(p) the need to protect individual privacy;

(q) the need to minimise the number of news media

self-regulation bodies;

(r) such other matters (if any) as the PIMA considers relevant.

(4) If:

(a) before 28 April 2013, a body corporate requests the PIMA, in

writing, to make a declaration under subsection (1) in relation

to the body corporate; and

(b) the request is accompanied by the information that is

reasonably necessary for the PIMA to decide whether or not

to make the requested declaration;

the PIMA must take reasonable steps to ensure that:

make the requested declaration; and

(d) if the PIMA decides to make the requested declaration--the

requested declaration takes effect before 28 June 2013.

Part 2 News media self-regulation body

Division 1 Declaration

Section 8

12 News Media (Self-regulation) Bill 2013 No. , 2013

Declaration not disallowable

(5) A declaration made under subsection (1) is a legislative instrument,

but section 42 (disallowance) of the Legislative Instruments Act

2003 does not apply to the declaration.

8 Consultation and publication

(1) Before making a declaration under subsection 7(1) in relation to a

body corporate, the PIMA must:

(a) consult the Privacy Commissioner; and

(b) cause to be published on the Department's website a notice:

(i) setting out the draft declaration; and

(ii) inviting persons to make submissions to the PIMA

about the draft declaration within 14 days after the

notice is published; and

14-day period mentioned in paragraph (b).

(2) The notice mentioned in paragraph (1)(b) must also set out:

(a) the body corporate's news media self-regulation scheme; and

(b) the initial views of the PIMA concerning the matters set out

in paragraphs 7(3)(a) to (r), so far as those matters relate to

making the declaration.

9 When declaration takes effect

(1) A declaration made under subsection 7(1) takes effect at the start

of the day specified in the declaration.

(2) The day specified in the declaration must be later than the day on

which the declaration is registered under the Legislative

Instruments Act 2003.

News media self-regulation body Part 2

Revocation of declaration Division 2

Section 10

News Media (Self-regulation) Bill 2013 No. , 2013 13

Division 2--Revocation of declaration

10 Revocation of declaration

Mandatory revocation

(1) If a declaration is in force under subsection 7(1) in relation to a

body corporate, the PIMA must, by writing, revoke the declaration

if:

(a) the body corporate is not a company that is registered under

Part 2A.2 of the Corporations Act 2001; or

(b) the body corporate is not a company limited by guarantee; or

self-regulation scheme; or

(d) the body corporate has the power to:

(i) suspend a news media organisation member's rights as a

member of the body corporate; or

(ii) expel a news media organisation member from the body

corporate;

in circumstances that do not involve:

(iii) a failure by the member to pay a fee or charge payable

by the member to the body corporate; or

(iv) a breach of a remedial direction given to the member by

the body corporate under a news media self-regulation

scheme of the body corporate.

(2) Subsection (1) has effect subject to subsection (6).

Discretionary revocation

(3) If:

(a) a declaration is in force under subsection 7(1) in relation to a

body corporate; and

(b) the PIMA has reasonable grounds to believe that, since the

declaration was made:

(i) there has been a significant change in relevant

circumstances; or

Part 2 News media self-regulation body

Division 2 Revocation of declaration

Section 11

14 News Media (Self-regulation) Bill 2013 No. , 2013

(ii) there has been a change in relevant community

standards;

the PIMA may, by writing, revoke the declaration.

(4) In revoking, under subsection (3), a declaration in relation to a

body corporate, the PIMA must have regard to the following

matters:

(a) the need for freedom of expression;

(b) the need to protect individual privacy;

(d) such other matters (if any) as the PIMA considers relevant.

(5) Subsection (3) has effect subject to subsection (6).

Replacement declaration

(6) The PIMA must not revoke, under subsection (1) or (3), a

declaration relating to a body corporate unless the PIMA has taken

reasonable steps to ensure that a declaration under subsection 7(1)

relating to another body corporate will be in force at least 6 months

before the revocation takes effect.

Revocation not disallowable

(7) An instrument of revocation under subsection (1) or (3) is a

legislative instrument, but section 42 (disallowance) of the

Legislative Instruments Act 2003 does not apply to the revocation.

11 Consultation

Before revoking, under subsection 10(3), a declaration under

subsection 7(1), the PIMA must:

(a) consult the Privacy Commissioner; and

(b) cause to be published on the Department's website a notice:

(i) setting out the draft instrument of revocation; and

(ii) inviting persons to make submissions to the PIMA

about the draft instrument of revocation within 28 days

after the notice is published; and

28-day period mentioned in paragraph (b).

News media self-regulation body Part 2

Revocation of declaration Division 2

Section 12

News Media (Self-regulation) Bill 2013 No. , 2013 15

12 When revocation takes effect

(1) A revocation under subsection 10(1) or (3) takes effect at the start

of the day specified in the instrument of revocation.

(2) The day specified in the instrument of revocation must be later

than the day on which the instrument is registered under the

Legislative Instruments Act 2003.

Part 3 Miscellaneous

Section 13

16 News Media (Self-regulation) Bill 2013 No. , 2013

Part 3--Miscellaneous

13 Online service provider

(1) For the purposes of this Act, a person does not provide an online

service merely because the person supplies a carriage service that

enables content to be delivered or accessed.

(2) For the purposes of this Act, a person does not provide an online

service merely because the person provides a billing service, or a

fee collection service, in relation to an online service.

14 Implied freedom of political communication

This Act does not apply to the extent (if any) that it would infringe

any constitutional doctrine of implied freedom of political

communication.

15 Review of this Act

(1) Before the end of the 3-year period beginning on the first day on

which a declaration under subsection 7(1) takes effect, the Minister

must cause to be commenced a review of the operation of this Act.

(2) A review under subsection (1) must be conducted in a manner that

provides for:

(a) wide public consultation; and

(b) consultation with:

(i) the PIMA; and

(ii) each news media self-regulation body.

(3) The Minister must cause to be prepared a report of a review under

subsection (1).

(4) A report of a review under subsection (1) must not contain any

information that is likely to enable the identification of an

individual unless the individual has consented to the information

being contained in the report.

Miscellaneous Part 3

Section 16

News Media (Self-regulation) Bill 2013 No. , 2013 17

(5) The Minister must cause copies of a report to be tabled in each

House of the Parliament within 15 sittings days of that House after

the completion of the preparation of the report.

16 Regulations

The Governor-General may make regulations prescribing matters

necessary or convenient to be prescribed for carrying out or giving

effect to this Act.

Commonwealth of Australia Bills

NEWS MEDIA (SELF-REGULATION) BILL 2013