Australian-Media.com.au News

• Ten breached Children's Television Standards

  July 15 2008 11:55am (UTC+8)  -  Article by Kevin

  The Australian Communications and Media Authority has found that Network 10 Melbourne Pty Ltd (the licensee) did not comply with the Children's Television Standards 2005 (the CTS) in October 2006.
  
  The breach was in relation to an advertisement for Nestle Milo Cereal (Milo Cereal) broadcast during a C period (the licensee's designated children's viewing time).
  
  As a result, the licensee has breached the licence condition set out at paragraph 7(1)( of Schedule 2 to the Broadcasting Services Act 1992 and clause 6.20 of the Commercial Television Industry Code of Practice July 2004.
  
  ACMA received a complaint that the licensee broadcast an advertisement for Milo Cereal which was in breach of CTS 20. CTS 20 requires, among other things, that if an advertisement broadcast during a C period contains a premium offer, reference to the premium must be incidental to the main product advertised.
  
  ACMA found that in the advertisement for Milo Cereal the reference to the premium offer, a CD ROM, was more than incidental to the main product advertised, the cereal.
  
  The licensee submitted that it broadcast the advertisement in good faith based on the existing regulatory principles established by the former Australian Broadcasting Authority (ABA).
  
  "I acknowledge the approach established by the ABA, but ACMA is not bound to follow previous interpretations, which we consider to be incorrect." Chris Chapman, ACMA Chairman, said whilst making the investigation findings.
  
  In this instance, ACMA has decided not to take enforcement action against the licensee, having regard to the licensee's reliance on the previous ABA decision. ACMA will ensure that all free-to-air commercial broadcasting licensees are aware of the correct interpretation of CTS 20.
  
  A copy of investigation report 1888 is available on the ACMA website.
  
  Australian-Media.com.au

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