orange community radio 2OCW was found guilty of contravening paragraph 9(1)(b) of Schedule 2 to the Broadcasting Services Act 1992, in that the licensee will not broadcast advertisements.
the ACMA responded to three complaints alleging that the station failed to comply with its conditions of license with respect to a program which included the following statements
“…that’s one of the things we’ll be doing on the show every week…talking about local businesses…talking to people about certain products…”
“…we’re going to talk a lot about products and companies and we’ll generally try to get people a little excited about their city, about the companies…”
“…We talk about local Orange businesses and some of their fantastic products.”
“…The idea of this show is to have a little fun and advertise good companies and good products”
The ACMA found that these statements “…clearly indicates that one of the intentions of the program was to promote local businesses to Orange.”
Throughout the program, the facilitators discussed a number of local businesses in Orange, noting the products and services provided by the businesses in a complementary way, and also noted things such as product prices and the business location.
The dialogue used throughout the program promoted the businesses discussed in a variety of ways, including:
- Draw attention to goods and services provided by companies
- Encourage auditors to purchase goods and services from companies
- Provide business location
- Discuss the price and good value of the companies products
One of the general bans on advertising on a community broadcasting service is material that is broadcast as an incidental accompaniment or incidental to the broadcast of other programs and for which the licensee has not received payment or other valuable or other consideration.
Both of these must be met for the qualification to apply.
Although the first element of this qualification is satisfied, since no financial consideration was received for the promotion of the undertakings, the ACMA is of the opinion that the dissemination of the material was neither accidental nor incidental.
Further, the ACMA found that discussions of various undertakings on the show were not accompanied by an acknowledgment of financial or in-kind support, and therefore were not sponsorship announcements, and that there therefore had enough evidence to show that the commercial had been broadcast during the broadcast. .
The Licensee has notified the ACMA that:
- The 2OCW Presenter Agreement has been revised to include advertising and sponsorship requirements, and all current and new presenters are required to sign this agreement.
- All 2OCW Presenters have been urged to read and fully understand all 2OCW policies and guidelines.