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7.1 Government legislation should ideally be technologically "transparent"
or "neutral", something that has never been properly achieved, as demonstrated
by the failed mandating of microwave and satellite delivery of pay TV,
through to the current technologically "opaque" legislation mandating
digital television. Technologically transparent legislation would create
legislation that could better deal with:
entrenched media interests and the resultant regulatory "capture";
the unforeseeable future social and economic circumstances resulting from
the ongoing technological dynamism of the communications and broadcasting
industries; and
the changes in cultural and social practice and patterns that affect and
are affected by these changes.
7.2 A policy of technologically neutral legislation could ameliorate distortions
caused by inappropriate political intervention in policy development and
legislation that allows anti- competitive and inefficient industrial practices
to occur among media players.
7.3 Similarly, a policy of technologically neutral legislation would ensure
that policy development affords the maximum opportunities and benefits
to the Australian community and industries.
7.4 A policy of technologically neutral legislation is identical in intent
to the policies expressed through Australian competition legislation,
and is also fundamental to the proper operation of the Productivity Commission
itself.
7.5 We would recommend that all forms of non technologically neutral legislation
be identified and changed to reflect economic and cultural outcomes, not
technological outcomes. This would have the affect of making the debate
over the introduction of digital television and datacasting services largely
redundant.
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