Senate Environment and Communications Legislation Committee, , 8:45:13 to 8:50:38
The committee discusses ACMA's finding against an ABC Four Corners program and the regulator's powers to recommend remedial actions or report non-compliance to the Communications Minister for parliamentary tabling.
Topics: Integrity, Law reform
Speakers: Senator The Hon Sarah Henderson, Ms Nerida O'Loughlin, Ms Alana Fraser, Unknown Speaker
Look, I just want to quickly return to your finding against the ABC's Four Corners programme and the program entitled sacrifice. So I'm just having a check of the broadcasting services act. Did you make a recommendation at all in relation to the ABC's requirement to comply with certain steps or corrective action? Did you did you make any recommendation?
That's not at this stage, Senator. We we did um of course uh indicate in our public statement that we thought the ABC should turn its mind to the investigation. We haven't actually looped back, I don't think at this stage with another conversation with the ABC about what actions they may be prepared to take. That would be something we'll continue, per se.
But that's an option to open to ACMA to make a recommendation. And then if the ABC was to refuse, it is open to ACMA under section 153 to report the matter to the communications minister. And then the Minister must then table a report in relation to that matter in both houses of Parliament within seven sitting days of each House.
That's correct, Senator, but we haven't had that an additional conversation with the ABC following the outcome of that report about what, if anything they were prepared to do. So we haven't turned our mind to whether or not we need to make that recommendation. I think it's called the COVID.
But the recommendation is not contingent on the ABC agreeing to what it's prepared to do.
Well, we'd like to understand what the ABC is prepared to do before we turn our mind to making a notice.
And why weren't you able to do that as part of your inquiry in that 11-month period?
No, we so it uh apologies, Senator, we did um invite um in providing the um uh making the finding did invite um the ABC to suggest remedial actions that it would take, um, and that's something that we do as a matter, of course, um in breach findings. Um and um the response and the the statement of the ABC was that it wasn't intending to take any action. Um we then published the report um and um as um uh the chair said um we haven't looked back to the ABC on that yet.
So is the matter concluded or is it still on foot?
In our view, um we still need to have a final conversation about uh with the ABC about whether or not they do intend to make any changes following our report.
I mean that seems a bit of a cumbersome process to be I say with respect, Miss Cam Ms. O'Lochlan that that would not be part of the investigation process before you issued your report.
I mean that report I think that notice has to um uh it comes after us finding an issue of non-compliance rather than before.
So have you written to the ABC?
Um we haven't had that conversation um over the last few weeks. Um we haven't turned our mind to that at this point.
I mean the ABC is not required to agree to what you might recommend.
No, it's not. I I think from um from my recollection, I don't think there's been such a notice given for some concern.
Um maybe that's one reason why the ABC just is so willing to disregard your findings when fair.
Often we do find um with broadcasters that they they uh may not they may have uh some concerns with our um uh findings, but uh they do take those abroad in terms of thinking about whether they need to take any um make any changes to their processes or guidelines. That's a conversation I think we would like to have with the ABC now.
I mean I'm just saying that I'm just raising this issue because you characterised your powers as being very limited. And when I had a look at your powers, there is the ability to make a recommendation. If the recommendation is not agreed to, then you can take that to the minister. The minister is then required to report to the parliament. So that does shine a significant light on the ABC.
Senator, that's that's an option open to us. What I was um referring to previously. Is we don't have a compulsion power with the ABC. We can't compel them to take out so the point you're raising is still.
I thought I thought the discussion was a bit broader than that.
We haven't cut that off at this point in time.
And why hasn't there been that recommendation and that process followed you said for many years?
What we've usually found with our findings is that the ABC have updated things like their editorial guidelines. So we just haven't used that power extensively.