Children's Television Standards Variation 2005 (No. 1)

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Children’s Television Standards Variation 2005 (No. 1)
The AUSTRALIAN BROADCASTING AUTHORITY makes this instrument under subsection 122 (1) of the Broadcasting Services Act 1992.
          LYN MADDOCK [SIGNED]                         GILES TANNER [SIGNED] ___________________________                  _______________________________ Signature of Acting Chair                                  Signature of A/g Member LYN MADDOCK                                           GILES TANNER
___________________________                  _______________________________ Name (Please Print)                                          Name (Please Print)
Dated this 24th day of June 2005.   Australian Broadcasting Authority
 
1              Name of Instrument                 This instrument is the Children’s Television Standards Variation 2005 (No. 1). 2              Commencement                 This instrument commences on 1 July 2005. 3              Variation of Children’s Television Standards                 Schedule 1 varies the Children’s Television Standards:                 (a)    determined by the Australian Broadcasting Tribunal under paragraph 16 (1) (d) of the Broadcasting Act 1942; and                (b)    taken, under subsection 21 (2) of the Broadcasting Services (Transitional Provisions and Consequential Amendments) Act 1992, to be a standard determined by the ABA under paragraph 122 (1) (a) of the Broadcasting Services Act 1992; as in force immediately before the commencement of this instrument.    
Schedule 1        Variations (section 3) Do not delete : Schedule Part Placeholder [1]           CTS 1 substitute CTS 1     Definitions          (1)   The following definitions apply in these Standards unless the contrary intention appears: Australian C Drama means a program which meets the requirements in CTS 11 (1) or CTS 11 (2). Australian Content Standard means the Broadcasting Services (Australian Content) Standard 1999 determined by the ABA under section 122 of the Broadcasting Services Act 1992, as in force from time to time. Australian/New Zealand program has the meaning given by section 20 of the Australian Content Standard. Australian official co-production has the meaning given by section 6 of the Australian Content Standard. break means any broadcast which interrupts a program or comes between programs. C band means the following periods of time:                 (a)    7.00am to 8.00am Monday to Friday;                (b)    4.00pm to 8.30pm Monday to Friday;                 (c)    7.00am to 8.30pm Saturday, Sunday and school holidays. children means people younger than 14 years of age. C material means:                 (a)    a C program; and                (b)    any of the following material that may be broadcast in a C period in accordance with these Standards:                           (i)    a program promotion;                          (ii)    a community service announcement;                          (iii)    any other announcement;                         (iv)    a station identification;                          (v)    a news flash;                         (vi)    an advertisement;                         (vii)    a G program, including a part of a G program. Commercial Television Industry Code of Practice means the document:                 (a)    published under that name by Free TV Australia; and                (b)    included in the Register of codes of practice under subsection 123 (4) of the Broadcasting Services Act 1992. community service announcement means an announcement which promotes a charitable cause or activity or which constitutes a service to the community, and which is broadcast free of charge by a licensee. C period means a period nominated by, or on behalf of, a licensee under CTS 3 (1) (e) during which the licensee will broadcast C programs. C program means a program which meets the criteria of suitability for children (other than preschool children) in CTS 2 and has been so classified by the ABA. disclaimer means a statement which attempts to limit or deny any legal liability which might otherwise fall on an advertiser. first release, for a program, has the meaning given by section 8 of the Australian Content Standard. G classified, in relation to material, means classified G in accordance with the Commercial Television Industry Code of Practice. G program means a program that is classified G in accordance with the Commercial Television Industry Code of Practice, but does not include:                 (a)    an advertisement (whether or not of a commercial kind); or                (b)    sponsorship matter (whether or not of a commercial kind). licensee means the holder of a commercial television broadcasting licence allocated or renewed in accordance with the Broadcasting Services Act 1992. live coverage includes a broadcast delayed for time zone reasons and broadcast as plausible “live”, without reformatting. month means a calendar month. New Zealand program has the meaning given by section 19 of the Australian Content Standard. notifying licensee means a licensee which provides schedules to the ABA in accordance with CTS 3 (1) (e) on behalf of either itself or itself and one or more other licensees. P band means the period of time 7.00am to 4.30pm Monday to Friday. P material means:                 (a)    a P program; and                (b)    any other material that may be broadcast in a P period in accordance with CTS 5. P period means a period nominated by, or on behalf of, a licensee under CTS 3 (1) (e) during which the licensee will broadcast P programs. P program means a program which meets the criteria of suitability for preschool children in CTS 2, and has been classified by the ABA as a P program. premium means anything offered with or without additional cost that is intended to induce the purchase of an advertised product or service. preschool children means children who have not yet started school. school holidays means the government primary school holidays in each licensee’s licence area and includes any day appointed or declared by ? to be observed as a public holiday in each licensee’s licence area. year means a calendar year starting on 1 January and ending on 31 December.          (2)   These Standards apply to:                 (a)    all C programs; and                (b)    all P programs; and                 (c)    all breaks immediately before, during and immediately after both C programs and P programs.          (3)   These Standards apply to C programs and P programs in a series as they do to single C programs and P programs, except that for the purposes of classification a number of C programs or P programs in a series may be treated as if they were one program.          (4)   The Australian Content Standard applies in addition to these Standards. However, in the event of an inconsistency between the two standards, these Standards prevail.          (5)   These Standards may be referred to by the abbreviation ‘CTS’. For example, this is CTS 1 (5). [2]           CTS 2, heading substitute CTS 2     Criteria for C Programs and P Programs [3]           CTS 3, heading substitute CTS 3     Obligation of a Licensee to Broadcast C Programs and P Programs [4]           CTS 3 (1) (a) and (b) substitute                 (a)    A licensee must broadcast a combined total of at least 390 hours of C material and P material in each year.                (b)    Material broadcast for CTS 3 (1) (a) must include at least 260 hours of C material and at least 130 hours of P material. [5]           CTS 3 (1) (c) omit shall broadcast C programs insert must broadcast C material [6]           CTS 3 (1) (c) (i) omit hours of 7 am and 8 am or 4 pm and 8.30 pm; insert hours of 7.00am and 8.00am or 4.00pm and 8.30pm; [7]           CTS 3 (1) (d) omit shall broadcast P programs insert must broadcast P material [8]           CTS 3 (1) (e) omit A notifying licensee shall, insert A notifying licensee must, [9]           CTS 3 (1) (e) omit furnish insert provide [10]         CTS 3 (1) (e) (i) omit furnished insert provided [11]         CTS 3 (1) (e) (ii) omit hours between insert periods during [12]         CTS 3 (1) (f) omit a program insert C material or P material [13]         CTS 3 (1) (f) omit the schedule. insert the schedule provided under CTS 3 (1) (e). [14]         CTS 3 (1) (g) omit a licensee shall not insert a licensee must not [15]         CTS 3 (1) (h) omit notifying [16]         CTS 3 (1) (h) omit schedule furnished insert schedule provided under CTS 3 (1) (e), [17]         CTS 3 (1) (i), (j) and (k) substitute                  (i)    A licensee may displace any C period scheduled for a weekday between 7.00am and 8.00am, or 4.00pm and 8.30pm to allow live coverage of:                           (i)    an event of national importance which is suitable for viewing by children; or                          (ii)    a major sports event which is suitable for viewing by children;                         provided that:                          (iii)    the displaced C period is placed in a C band in the period of time from the beginning of the weekend preceding the date of the event to the end of the weekend following the event; and                         (iv)    the ABA is notified in writing of the event at least 14 days prior to the scheduled broadcast.                 (j)    A licensee must ensure that the child audience is appropriately notified of:                           (i)    any variation, under CTS 3 (1) (h), to the schedule provided under CTS 3 (1) (e); and                          (ii)    why the schedule has been varied; and                          (iii)    when the C programs or P programs will be broadcast.                         If a C period is displaced due to live coverage of an event specified in CTS 3 (1) (i) (i) or (ii), the licensee must, at one or more times immediately before, during or immediately after the live coverage, broadcast details of when the C programs will be broadcast.                (k)    A failure to broadcast as specified in the schedule provided under CTS 3 (1) (e) is not a breach of these Standards, and the C material or P material will count, when broadcast, toward the total hours required for the year, if:                           (i)    the failure to broadcast as specified in the schedule provided under CTS 3 (1) (e) was due to the unexpected:                                    (A)     cancellation; or                                    (B)     postponement; or                                    (C)     early completion; or                                    (D)     overrun; or                                     (E)     availability;                  of live coverage of an event of national importance, or a major sports event, that is suitable for viewing by children and that intrudes into a C period or P period; and                          (ii)    any C programs that were not broadcast are broadcast in the C band within 14 days of the date of the broadcast of the live coverage; and                          (iii)    any P programs that were not broadcast are broadcast in the P band within 14 days of the date of the broadcast of the live coverage; and                         (iv)    the ABA is notified in writing, within 72 hours after the broadcast of the live coverage, of the failure to broadcast; and                          (v)    the licensee broadcasts details of the change to the schedule provided under CTS 3 (1) (e) immediately before, during, or immediately after, the time of the scheduled C period or P period. [18]         CTS 3 (1) (l) omit C or P programs insert C material or P material [19]         CTS 3 (2) and (3) substitute          (2)   If a program in a series is broadcast in a C period, no other program in the same series may be broadcast during that C period unless the program is:                 (a)    an Australian C Drama; or                (b)    a C program that is part of a non-Australian mini series. Note   Sections 14 and 15 of the Australian Content Standard set out rules about first release C programs, and about P programs being Australian programs. The former CTS 3 (3) dealt with the same subjects, but was omitted in 2005 to avoid duplication. [20]         CTS 3 (4) omit a licensee may transmit an Australian Children’s Drama (C drama). insert a licensee may broadcast an Australian C Drama. [21]         CTS 3 (5) substitute          (5)   The obligations of a licensee under CTS 3 are subject to the exceptions and qualifications contained in:                 (a)    these Standards; and                (b)    subsection 12 (4), and section 12A, of the Australian Content Standard. [22]         CTS 4, 5 and 6 substitute CTS 4     Program Promotions and Station Identifications          (1)   Subject to CTS 14 (3), each 30 minutes of a C period may contain no more than one minute of G classified program promotions and station identifications.          (2)   Only C programs, P programs, G programs and coverage of sports events suitable for viewing by children may be promoted during any breaks immediately before, during, or immediately after, C programs or P programs.          (3)   In addition to the program promotions permitted by CTS 4 (1) and CTS 14 (3), voiceover announcements promoting C Programs may be made during the end credits of C programs.                 Note   The previous CTS 4 (3) was omitted in 2005. CTS 4A  Community Service Announcements Subject to CTS 14 (3), each 30 minutes of a C period may contain no more than 7 minutes in total of: a.       Advertisements broadcast in accordance with CTS 14 (1); and b.       Program promotions and station identifications broadcast in accordance with CTS 4 (1); and c.       G classified community service announcements.                              CTS 5     News Flashes and Announcements                 A P period or a C period must not be interrupted except for the broadcast of a news flash or announcement which cannot, in the public interest, be delayed until completion of the P period or C period. Note   The previous CTS 5 (1) and (2) were combined in 2005. CTS 6     Actual Times Falling Short                 When, during the last 30 minutes of a C period, the total time occupied by C programs and breaks permitted by these Standards is less than 30 minutes, but more than 25 minutes, the difference may be made up by G programs, including a part of a G program, which, as far as practicable, meet the criteria in CTS 2. Note   The previous CTS 6 (2) was omitted in 2005. [23]         CTS 7, heading substitute CTS 7     Duration of Classifications [24]         CTS 7 (1) omit CTS 3 insert these Standards [25]         CTS 7 (1) omit This standard does not affect the duration of classifications granted prior to the commencement of these Standards. [26]         After CTS 7 (1) insert Note   The previous CTS 7 (1A) was omitted in 2005. [27]         CTS 7 (1A) omit [28]         CTS 7 (2) omit a C or P classification. insert the classification of a C program or P program. [29]         CTS 7 (3) substitute          (3)   When, at any time, the ABA considers that a C program or P program is not consistent with the representative sample on the basis of which its classification was granted or renewed, it may revoke the classification. [30]         CTS 8 (1), (2) and (3) substitute          (1)   When a person submits to the ABA a written proposal for:                 (a)    a C program (other than an Australian C Drama) or a P program, accompanied by a pilot episode or by a videotape presentation indicating the nature of the program; or                (b)    an Australian C Drama; the ABA may classify the proposed program or the pilot episode or both as ‘provisional C’ or ‘provisional P’. A provisional classification of that kind will be granted if the ABA is satisfied that the program will satisfy the criteria in CTS 2 for a C program or P program, and CTS 2 and CTS 11 for an Australian C Drama. Note   The previous CTS 8 (2) was omitted in 2005.          (3)   On written application, the ABA may, at any time, renew a provisional C classification or a provisional P classification. [31]         CTS 10, heading substitute CTS 10  Unsuitable Material [32]         CTS 10 omit No program, advertisement or other material insert No material [33]         CTS 10 (d) omit service area. insert licence area. [34]         CTS 11 substitute CTS11   Australian C Drama          (1)   In these Standards, an Australian C Drama is a television program which meets all the following requirements:                 (a)    the program must be classified by the ABA as a C program;                (b)    the program must, in the opinion of the ABA, be a fully scripted screenplay or teleplay in which the dramatic elements of character, theme and plot are introduced and developed so as to form a narrative structure. It includes sketch comedy programs, animated drama and dramatised documentary, but does not include sketches within variety programs, or characterisations within documentary programs, or any other form of program or segment within a program which involves only the incidental use of actors;                 (c)    the program must, in the opinion of the ABA, meet the requirements for an Australian program in the Australian Content Standard.          (2)   A proposed Australian C Drama may be classified as complying with the requirements of CTS 11 if, in the opinion of the ABA, the program will, when completed, comply with those requirements.          (3)   Where a proposed Australian C Drama is classified under CTS 11 (2), a copy of the completed program on VHS format videotape must be sent to the ABA within one month of completion. [35]         CTS 12, including the note substitute CTS 12  Obligation of a licensee to broadcast Australian C Drama          (1)   A licensee must broadcast, in the C band, Australian C Drama in accordance with sections 12, 12A and 13 of the Australian Content Standard.          (2)   For CTS 3 (1) (a) and (b), the hour value of a first release Australian C Drama is its duration under the Australian Content Standard. [36]         CTS 13 (1) omit CTS 10, 17 to 23 insert CTS 10, and CTS 17 to CTS 23 (inclusive), [37]         CTS 13 omit These requirements are in addition to sections 6.16 and 6.17 insert          (3)   The requirements of this Standard are in addition to the requirements [38]         CTS 14 substitute CTS 14  Maximum Advertising Time          (1)   Except during a C period in which an Australian C Drama is broadcast, each 30 minutes of a C period may contain no more than 5 minutes of advertisements. Note   The previous CTS 14 (2) was omitted in 2005.          (3)   During a C period in which an Australian C Drama is broadcast, the maximum amount of advertisements, program promotions, station identifications and community service announcements is 13 minutes per hour. [39]         CTS 15 omit This is in addition insert This requirement is in addition [40]         CTS 15 omit sections 1.8 and 1.9 of [41]         CTS 17 omit shall be taken insert is to be taken [42]         CTS 18 (2) omit No advertisements insert No advertisement [43]         CTS 22 substitute CTS 22  Promotions and Endorsements by Program Characters          (1)   No material broadcast during a C program or P program, or in the break immediately before or after a C program or P program, may contain an endorsement, recommendation or promotion of a commercial product or service by a principal personality or character from a C program or P program.          (2)   This standard does not apply if the C program or P program featuring the personality or character:                 (a)    is not currently being broadcast in the licensee’s licence area; and                (b)    has not been broadcast in the licensee’s licence area within the preceding 12 months. [44]         CTS 23 (1) omit C programs. insert a C period. [45]         CTS 23 (2) omit sponsorship announcement during C programs insert sponsorship announcement broadcast during a C period [46]         CTS 23 (2) omit This is in addition to the requirements of section 6.6 insert This requirement is in addition to the requirements [47]         After CTS 23 (2) insert          (3)   No advertisement for alcoholic drinks may be broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after any C program or P program.          (4)   No advertisement or sponsorship announcement broadcast during a C program or P program that is broadcast outside a C period or P period, or in a break immediately before or after such a C program or P program, may identify or refer to a company, person or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice. [48]         CTS 24 (1) omit subclause (2) insert CTS 24 (2) [49]         CTS 24 (1) omit the Children’s Television Standards insert these Standards [50]         CTS 24 (2) omit subclause (1) insert CTS 24 (1) [51]         CTS 24 (3) omit Australian children’s drama under subclauses CTS 3 (2) and (4), subclause CTS 4 (3), subclause CTS 8 (2), and subclause CTS 14 (2). insert an Australian C Drama under CTS 3 (2), CTS 3 (4), CTS 4 (3), CTS 8 (1), CTS 14 (1) and CTS 14 (3).    
 

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