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BROADCASTING SERVICES ACT 1992 - SECT 61BD

Disclosure of cross-media relationship by commercial radio broadcasting licensee--business affairs disclosure method

Scope

             (1)  This section applies if:

                     (a)  a person is in a position to exercise control of each media operation in a set of media operations; and

                     (b)  a commercial radio broadcasting licence is in the set; and

                     (c)  the licensee broadcasts matter that is wholly or partly about:

                              (i)  the business affairs of a commercial television broadcasting licensee whose licence is in the set; or

                             (ii)  the business affairs of the publisher of a newspaper that is in the set; and

                     (d)  a notice under subsection 61BC(1) is not in force in relation to the commercial radio broadcasting licensee.

Note:          For business affairs , see section 61BH.

Requirement to disclose cross-media relationship

             (2)  If subparagraph (1)(c)(i) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (3)  It is sufficient if the statement under subsection (2) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the commercial television broadcasting licensee.

             (4)  If subparagraph (1)(c)(ii) applies, the commercial radio broadcasting licensee must also broadcast a statement describing (whether in summary form or otherwise) the relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

             (5)  It is sufficient if the statement under subsection (4) is to the effect that there is a cross-media relationship between the commercial radio broadcasting licensee and the publisher of the newspaper.

How statement is to be broadcast

             (6)  A statement under subsection (2) or (4) must be broadcast in a way that will adequately bring it to the attention of a reasonable person who may have listened to the broadcast mentioned in paragraph (1)(c).

             (7)  The regulations may provide that subsection (6) is taken to have been complied with if the statement is broadcast in the manner, and at the time, specified in, or ascertained in accordance with, the regulations.



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