John Watson (Tasmania, Liberal Party) Share this | Hansard source

On behalf of the Standing Committee on Regulations and Ordinances, I give notice that, 15 sitting days after today, I shall move:

That the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006, made under subsection 125(2) of the Broadcasting Services Act 1992, be disallowed.

I seek leave to incorporate in Hansard a short summary of matters raised by the committee.

Leave granted.

The summary read as follows—

Broadcasting Services (Anti-Terrorism Requirements for Open Narrowcasting Television Services) Standard 2006

Sections 6 and 7 in each of this Standard prohibits a licensee from broadcasting programs that could reasonably be construed either as recruiting people to join terrorist organisations, or as soliciting funds for such organisations. A, licensee will be in breach of these standards regardless of whether the licensee knows that the program could reasonably be construed in this way. The Explanatory Statement does not indicate why the element of the licensee’s knowledge has not been included in sections 6 and 7.

Notwithstanding sections 6 and 7, section 9 permits a licensee to broadcast a program that “merely gives information about, or promotes the beliefs or opinions of, a terrorist organisation”. If section 9 is intended to operate as a defence against an apparent breach of sections 6 or 7 it is not clear whether the licensee bears the burden of establishing that the program merely gives information or promotes certain beliefs.

The Minister has responded to the Committee advising that the omission of the element of the licensee’s knowledge in sections 6 and 7 is intentional to ensure licensees vet or view programs making an informed assessment about them before they are broadcast. Section 9 is not a defence against breaches of sections 6 or 7 but is an exemption for licensees providing broadcasts that are deemed merely informative. The Committee has written to the Minister seeking further clarification about the relationship between sections 6, 7 and 9.