The Australian Communications and Media Authority determines this standard under subsection 125 (2) of the Broadcasting Services Act 1992.

Dated 16 March 2006.

Chris Chapman (signed)                                    J.J.Plante (signed)

Chairman                                                          Member

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

made under the

Contents

Anti-terrorism requirements for open narrowcasting television services. 3

Part 1        Introduction   3

1         Name of standard. 3

2         Commencement 3

3         Object of standard. 3

4         Application. 3

Part 2        Terms used in this standard   3

5         Definitions. 3

Part 3 – Anti-terrorism Requirements  4

6         Recruiting for a terrorist organisation. 4

7         Financing terrorism.. 4

8         Bona fide reports and comments not affected. 4

9         Programs of political opinion not affected. 4

Anti-terrorism requirements for open narrowcasting television services

Part 1        Introduction

1        Name of standard

This standard is the Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting Television Services) Standard 2006.

2        Commencement

This standard commences on 15 April 2006.

3        Object of standard

The object of this standard is to prevent the broadcasting of programs that encourage people to join or finance terrorist organisations.

4        Application

This standard applies to persons who provide an open narrowcasting television service under a class licence determined under section 117(e) of the Act.

Part 2        Terms used in this standard

5        Definitions

In this standard:

Act means the Broadcasting Services Act 1992.

Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995.

funds has the same meaning as in the Criminal Code.

licensee means a person who provides an open narrowcasting television service under a class licence determined under section 117(e) of the Act.

recruit includes induce, incite and encourage.

terrorist organisation has the same meaning as in the Criminal Code.

[NOTE:  The following terms used in this Determination are defined in the Broadcasting Services Act 1992 and have the meaning given by that Act: class licence, program, open narrowcasting television service.]

Part 3 – Anti-terrorism Requirements

6        Recruiting for a terrorist organisation

(1)        A licensee must not broadcast a program that can reasonably be construed as directly recruiting a person to join, or participate in the activities of, a terrorist organisation.

(2)        A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).

7        Financing terrorism

(1)        A licensee must not broadcast a program that can reasonably be construed as:

(a)        soliciting funds for a terrorist organisation; or

(b)        assisting in the collection or provision of funds for a terrorist organisation.

(2)        Without limiting the generality of subsection (1), a program falls within subsection (1) if it gives details of a bank account, an address to which funds can be sent, or some other means of making payment to the terrorist organisation.

(3)        A licensee is in breach of this section whether or not the licensee is aware that the program falls within subsection (1).

8        Bona fide reports and comments not affected

Sections 6 and 7 do not prevent a licensee from broadcasting an excerpt from a program of the kind described in section 6 or 7 if:

(a)        the excerpt is included in a news report, current affairs program, documentary or other program; and

(b)        the excerpt is included as part of a bona fide report or comment on a matter of public interest.

9        Programs of political opinion not affected

Sections 6 and 7 do not prevent a licensee from broadcasting a program that merely gives information about, or promotes the beliefs or opinions of, a terrorist organisation.

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