Document ID: chunk:federal_register_of_legislation:F2016C00811:body:0:p2
Version: federal_register_of_legislation:F2016C00811
Segment Type: other
Provision Reference: 
Character Range: 3139–6253

the international broadcasting service.
      international broadcasting licensee means the holder of an international broadcasting licence.
      matter means the content of a program that is broadcast as part of an international broadcasting service.
      medicine has the meaning given by subsection 3 (1) of the Therapeutic Goods Act 1989.
      narcotic substance has the meaning given by subsection 4 (1) of the Customs Act 1901.
      schedule, in relation to matter, means to broadcast, or to intend to broadcast, the matter on a particular day and at a particular time.

      Note 1   Under the Broadcasting Services Act 1992, a program is:
        (a) matter the primary purpose of which is to entertain, to educate or to inform an audience; or
        (b) advertising or sponsorship matter, whether or not of a commercial kind.

      Programs may include:
        (a) a promotion for another program;
        (b) an advertisement;
        (c) the identification of a station, a licensee or a program provider;
        (d) a community service announcement.

      Note 2   Under section 18A of the Broadcasting Services Act 1992, an international broadcasting service is a broadcasting service that is targeted, to a significant extent, to audiences outside Australia, where:
        (a) the means of delivering the services involves the use of a radiocommunications transmitter in Australia (whether alone or in combination with any other means); and
        (b) the services comply with any determinations or clarifications under section 19 in relation to international broadcasting services.

      Section 18A of the Broadcasting Services Act 1992 includes exceptions to and exemptions from the definition of an international broadcasting service.

      1.6 Program that is not an advertisement

       (1) This section applies to a program that attempts to sell, to promote, or to recommend, a product or a service.

       (2) For the purposes of these Guidelines, the program is taken not to be an advertisement if:
          (a) the program is broadcast, or intended to be broadcast, as an accidental or incidental accompaniment to the broadcasting of other matter; and
          (b) the international broadcasting licensee for the program does not receive payment or other valuable consideration for broadcasting the program.

               Part 2 Guidelines on privacy, causing offence, and vilification

      2.1 Privacy

       (1) A program should not include the broadcasting of matter that:
          (a) relates to an individual's personal or private affairs; or
          (b) intrudes on an individual's privacy.

       (2) However, subsection (1) does not apply if the matter is in the public interest.

      2.2 Matter causing offence or hatred

       (1) A program should not include matter that is likely:
          (a) to seriously offend a cultural sensitivity of an ethnic or racial component of the international audience; or
          (b) to incite or perpetuate hatred against, or vilify, a person or group of people on the grounds of age, colour, gender, national