As you may be aware, the Convergence Review Committee's much-anticipated final report (Report), released in March this year, made 31 separate recommendations, reflecting a shift towards a "principles-based" approach and away from "black-letter law" regulation. This shift represents a fundamental change in approach to the regulation of media and communications law in Australia and an acknowledgement that the current legislative framework, which is orientated to specific delivery platforms and business models rather than a converged media environment, is in need of reform.
As at the date of this publication, the Australian Government is yet to formally respond to the Report or indicate which, if any, of its recommendations it intends to implement. However, recent media reports suggest that the Government may soon try to implement stage one of the Reports' recommended three-stage implementation process by introducing changes to Australian content rules before the end of this year. Less likely is the implementation of stages two and three, which are significantly more complex and would involve replacing the Broadcasting Services Act 1992 (Cth). Given the Government faces an election late next year, it is difficult at this time to forecast any timetable for implementation beyond stage one.
As at the date of this publication, the Australian Government is yet to formally respond to the Report or indicate which, if any, of its recommendations it intends to implement. However, recent media reports suggest that the Government may soon try to implement stage one of the Reports' recommended three-stage implementation process by introducing changes to Australian content rules before the end of this year. Less likely is the implementation of stages two and three, which are significantly more complex and would involve replacing the Broadcasting Services Act 1992 (Cth). Given the Government faces an election late next year, it is difficult at this time to forecast any timetable for implementation beyond stage one.
Moreover, the Government will be mindful of the hostile response the Report has received from journalists and media organisations, who are clearly opposed to the introduction of a journalistic standards body for news and commentary. Regardless of the outcome of the election, the introduction of a journalistic standards body will be approached with a great deal of caution by both sides of politics.
If you would like further information about the Convergence Review, read our previous client update here or you can read the Report in full as a pdf here.
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