Emerging issues paper

On 6 July 2011, the Department of Broadband, Communications and the Digital Economy (DBCDE) released the Convergence Review Emerging Issues Paper.

For stakeholders

• Submissions in response are due at the latest by 28 October 2011
• In order to raise issues for inclusion in the Review’s detailed discussion papers, submissions must be received by the Review Panel by the end of July or early August 2011

Emerging Issues

The Emerging Issues Paper did not include reference to disabilities, access, or promoting social inclusion such as access to online media and access to digital technology.  It does, however, acknowledge issues related to accessible media policy, such as:

• The need for Australian and children’s content
• The role for government and regulation in promoting such content
• Whether or not issues of enforcing obligations should matter and
• Whether the Government retain excess spectrum in the broadcasting service bands (BSBs) or sell it off

Media Access Australia believes submissions raising issues of access to convergent media could be anchored to two Framing Principles of the Convergence Review:

• Principle 2: Australians should have access to and opportunities for participation in a diverse mix of services, voices, views and information
• Principle 8: Australians should have access to the broadest possible range of content across platforms, services and devices

Questions

All questions asked by the review are listed here as bullet points, and are provided with a short, contextual summary:

The vertical approach to regulation currently used for broadcasting, telecommunications, and radiocommunications does not match the converged structure which is based on layers of devices, content/applications, networks, and infrastructure:

• Should regulatory parity [e.g. between identical content delivered over broadcast and on demand] underpin any new policy framework?  In what circumstances should regulatory parity not apply?  What might such a framework look like?
• How should internet services be recognised within a new policy framework — what features or characteristics of an internet service should qualify that service for recognition within such a framework?

Current regulation is underpinned by the issuance of licences specific to business models and is weighted towards the degree of influence a provider possesses, allowing regulation to meet social and cultural goals as well as economic ones:

• Is the degree of influence principle still a useful way to distinguish between levels of regulatory intervention by government for media and communications?
• In what circumstances should the business model of a communications or media service be relevant in a converged policy framework?
• What are the appropriate regulatory approaches for government in a converging media environment and what are the critical factors in determining which approach is most suitable?

Access to Australian and children’s content is important, and content rules should persist:

• In a convergent environment, are content quotas still an appropriate mechanism for Australian content, including music and children’s and local content?
• Are there alternative mechanisms which would more effectively encourage the production and distribution of this content to the Australian public?
• If consumer demand is a motivation for the continued production of Australian content, would the use of a code-based system (or other co-regulatory model), rather than mandatory quotas, diminish the amount of high-quality Australian drama shown on Australian free-to-air networks?
• Are there measures which will encourage development of new forms of Australian, children’s and local content such as local apps, online content and new media forms?
• Should content rules apply to:
  • terrestrial digital TV multichannels
  • public broadcasters like the ABC and SBS
  • other content delivery platforms?
• If content rules are not to apply to all content delivery platforms, what should be the points of difference for determining which platforms are subject to local and Australian content rules?
• What evidence is there for the relationship between Australian and local content policies and the ongoing health and viability of Australia’s content production industries?

Australia has attempted to protect media diversity with media ownership and managed market entry laws, etc:

• In a multi-platform environment, are cross-media ownership rules still necessary to ensure a diverse media sector?
• Should cross-media provisions extend to cover new media services, such as IPTV and internet-based media and enterprises?
• Under what circumstances is managed entry to broadcasting services still appropriate?
• Does the success of new digital channels indicate a case for reducing restrictions (for example, licensing) on entry?
• To what extent do the current diversity rules impact on innovation in media and content services?
• Should cross-ownership rules be relaxed or removed in favour of a public interest test?
• Are the current merger provisions of the Competition and Consumer Act 2010 sufficient to ensure media diversity in Australia?  What changes might be required?

Access to content is essential for media platforms to operate, hence making the acquisition of content rights so important:

• Are there issues with competition that arise from the exclusivity of content in the market?
• Do exclusive content arrangements have the potential to limit platform-based competition by restricting content available to new market entrants?
• Should policy incentivise investment in content production and distribution and ensure that new platform entrants have access to premium content?
• Do independent producers face difficulties in negotiating content deals with broadcasters and distributors?  Why?

Currently, community standards and public expectations are enforced with co-regulation, through codes etc, as well as in legislation and licence conditions:

• Should a policy framework seek to apply community standards to all content regardless of origin or method of delivery?
• Is it preferable to impose standards (by cooperation or by regulation) when enforcement is limited or impractical?
• How should community standards be determined?
• Is self-regulation by content services an effective means of protecting community standards?
• How can consumer education and awareness initiatives help?  Are there practical improvements relevant to a converged media environment?
• Are consumer complaints a good way to ensure inappropriate content is not shown?
• How can children and young people be protected from unsuitable content in a converged media environment?
• Are there specific areas of content regulation where government intervention is warranted?

Spectrum allocation needs to maximise the overall public benefit, particularly in light of the Digital Dividend:

• Does the designation of broadcasting spectrum remain a useful approach in the era of convergence?
• Are the current broadcast licence fees set at the right level?
• Should the value of spectrum used for broadcasting be reflected in the broadcast licence fees?
• Should the sixth television channel spectrum be utilised?  If so, what services could it deliver on its multichannels?
• Should the Minister have powers to reserve spectrum for other public purposes in addition to national and community broadcasting?
• How might diversity, competition and innovation be promoted in the market allocation of spectrum?
• Should such licences for spectrum be for fixed terms and be contestable on a regular basis?