Broadcast guidelines

As a Christmas present to industry ACMA has released new non-enforceable Privacy Guidelines for Broadcasters [PDF], resulting from the first review of the co-regulatory guidelines introduced in 2005.

ACMA states that -

The new guidelines are principles-based and include case studies based on ACMA investigations into privacy complaints. Further guidance has been developed on invasions of privacy where a person’s seclusion has been intruded upon—whether or not in a public place.

Provisions on consent, children and vulnerable people, public figures, material in the public domain and public interest have also been revised.

The review featured 14 submissions - which identified weaknesses in the wording and basis of the Guidelines - and drew on two thin research reports: Community research into broadcasting and media privacy [PDF] and Australians’ views on privacy in broadcast news and current affairs [PDF] noted earlier this year.

ACMA indicates that -

A breach of these code privacy provisions will be investigated by the ACMA when:
• a code privacy complaint has been made to a broadcaster in accordance with the applicable code
• the broadcaster has not responded within 60 days or the complainant considers the broadcaster’s response inadequate
• a complaint is then made to the ACMA.

These guidelines are intended to
• increase general awareness of the privacy obligations under the various broadcasting codes
• assist broadcasters to better understand their privacy obligations under these codes.

The guidelines deal only with the codes. They do not deal generally with unlawful, unethical or distasteful journalistic practices.

Nor do they deal with privacy and privacy-related laws generally.

Some codes offer express privacy protections only in the context of news and current affairs broadcasts. Other codes offer privacy protections in respect of all broadcast content. Moreover, the privacy protections offered differ.

The precise privacy obligations to which each broadcaster is subject will depend on the terms of the applicable code.

The outcome of any investigation will depend on the facts of the case.

Release of the new Guidelines comes shortly after ACMA's unduly permissive stance regarding a Seven Local News report broadcast that featured photographs of a woman and her family and friends accessed from a Facebook RIP tribute page and a post entered by a 14 year old boy that included his name and Facebook profile photograph. Not a problem, said ACMA.