Broadcasting Services (Anti-terrorism Requirements for Open
Narrowcasting Television Services) Standard 2008
made under
the
Broadcasting Services Act 1992
Contents
Anti-terrorism requirements for open
narrowcasting television services 2
Part 1 Introduction 3
1 Name of standard
3
2 Commencement 3
3 Revocation
3
4 Object of standard
3
5 Application
3
Part 2 Terms
used in this standard 3
6 Definitions 3
Part 3 Anti-terrorism
Requirements 4
7 Recruiting for a listed
terrorist
4
8 Financing terrorism
4
9 Programs of political
opinion not affected 4
10 Bona fide reports and
comments not affected 4
Part 1 Introduction
1 Name of standard
This standard is the Broadcasting Services (Anti-terrorism
Requirements for Open Narrowcasting Television Services) Standard 2008.
2 Commencement
This standard commences on 1 December 2008.
3 Revocation
The
Broadcasting Services (Anti-terrorism Requirements for Open Narrowcasting
Television Services) Standard 2006 is revoked.
4 Object of standard
The object of this standard is to prevent the broadcasting
of programs that encourage people to join or finance listed terrorists.
5 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
6 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.
listed terrorist means
(a)
a listed terrorist organisation within the meaning of the Criminal Code;
or
(b)
a proscribed person or entity listed in the Gazette by the
Minister for Foreign Affairs pursuant to section 15 of the Charter of the
United Nations Act 1945.
recruit includes induce, incite and encourage.
[NOTE: The following terms
used in this Determination are defined in the Broadcasting Services Act 1992
and have the meaning given by that Act: licence, program, open narrowcasting television
service.]
Part 3 Anti-terrorism Requirements
7 Recruiting for a listed terrorist
(1) A licensee must not broadcast a program that would be
reasonably understood as directly recruiting a person to join, or participate
in the activities of, a listed terrorist.
(2) A
licensee is in breach of this section whether or not the licensee is aware that
the program falls within subsection (1).
8 Financing terrorism
(1) A
licensee must not broadcast a program that would be reasonably understood as:
(a) soliciting
funds for a listed terrorist; or
(b) assisting
in the collection or provision of funds for a listed terrorist.
(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, or for the benefit of, a listed
terrorist.
(3) A
licensee is in breach of this section whether or not the licensee is aware that
the program falls within subsection (1).
9 Programs of political opinion not affected
For the avoidance of doubt,
sections 7 and 8 are not intended to prevent a licensee from broadcasting a
program that merely gives information about, or promotes the beliefs or
opinions of, a listed terrorist.
10 Bona fide reports and comments not affected
Sections 7 and 8 do not prevent a
licensee from broadcasting an excerpt from a program of the kind described in
section 7 or 8 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.
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