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5.1 We would argue that simple deregulation has negatively impacted both
economically and culturally on the Australian consumer and the broadcasting
and media industries, and is against the principles expressed in the objects
of the BSA itself.
5.2 For example, due to the negative impact of deregulation:
5.2.1 the Australian consumer now has less local television and diversity
of programming through the disastrous policy of aggregation in radio and
television. We predict that there will be a sale of one of more Australian
networks to an American company which will see much more American radio
and television programming in regional and urban markets;
5.2.2 the Australian consumer has more violence and sexually titillating
programming and advertising on Australian television thanks to the failed
idea of industry self-regulation. We predict that this will soon be the
same for the internet, led by the largest media companies operating there.
For example, one of ninemsn's most popular services is a sex site, albeit
masquerading under the auspices of "health"; and
5.2.3 the Australian consumer must unwillingly endure significant increased
amounts of advertising and advertorial "lifestyle" programming, with Channel
Nine and other networks consistently breaking self-regulated "limits"
to on-air advertising. This has led to Australians being the first in
the world to have to endure ads on pay TV, and we can further predict,
that without proper regulation, advertising will become ubiquitous, across
all media and platforms, filling an inappropriately large amount of media
space and consumers' time.
5.3 We recommend that regulation be kept "light", be written in plain
English, and be tightened in areas that ensure equity, diversity, advertising
limits, regulated violence and sexual reference.
5.4 We also recommend that particular emphasis should be placed on the
strict regulation of gambling - or gaming as the popular euphemism puts
it - in all domains of media with special emphasis on the simultaneous
access of gambling and ecommerce services. Such simultaneous access will
mean that gamblers can connect their credit card to the casino through
an ecommerce supplier.
5.5 It should be noted that it is likely that the trend of large media
companies buying into and operating on-air, online and remote gambling
services will increase, requiring special skills and resources on the
part of government to regulate such an industry that has potentially disastrous
economic consequences for Australian consumers - not just for "problem
gamblers" - but also for lower-income households with children who are
already experiencing economic stress as the gap between the wealthy and
poor increases.
5.6 It should also be noted that the Broadcasting industry currently circumvents
the weak regulation of the BSA in regards of gambling on free to air (FTA)
services through the operation of programs on Channel Nine and Seven that
use loopholes in the law to allow contestants to effectively gamble for
large sums of money over the air. This contravenes the BSA's Objectives
(h) and (j), and also flouts the spirit of this section of the BSA.
5.7 We recommend that the Objectives of the Act be updated to include
new media forms and be strengthened in regards of providing Australians
with a comprehensive and free media service delivering information, education
and entertainment throughout Australia, to complement those provided by
pay TV services. Such an objective protects the regional Australian community
as USOs are degraded, and as pay TV services seek to supplant the FTA
market.
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