Changes to the Broadcasting Services Act and the 'required particulars'

The authorisation tagging requirements under the Broadcasting Services Act 1992 (the BSA) were amended by the Electoral and Other Legislation Amendment Act 2017 (the Amendment Act).

The changes across broadcasting, electoral and referendum legislation ensure consistency across all platforms for political parties communicating political messages to voters.

Part of this change involves amending the BSA by introducing a new set of ‘required particulars’. The required particulars will apply across all Commonwealth legislation. The new requirements in the BSA are due to come into force 14 March 2018.

The legislation no longer requires the authorisation tag to announce the name of every speaker that delivers an address or makes a statement that forms part of the political communication.

Particulars are also to be announced in the language that has been used throughout the communication. This ensures that members of the target audience for the communication can understand the authorisation information.

Otherwise, the requirements broadly reflect the ACMA’s current approved form. In relation to the upcoming South Australian election and the federal Batman by-election, both of which are to be held on 17 March 2018, even though the Determination will have commenced, following ACMA’s ‘approved form’ will be acceptable.

You can read the full Determination and the accompanying Explanatory Statement.