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Convergence strains media and communication legislation reports ACMA

Content legislation can’t keep up with media convergence, the Australian Communications and Media Authority reveals in a new paper, Broken Concepts: The Australian communications legislative landscape.

The paper reports that the majority of the 55 legislative concepts analysed, that builds and controls media regulation, are broken or strained by digitisation and technology which are beyond the parameters of the legislation.

“The constructs for communications and media that worked 20 years ago no longer fit present day circumstances, let alone the next 20 years,” said ACMA Chairman, Chris Chapman.

“As Australia’s converged regulator for broadcasting, telecommunications, radio communications and online content, the ACMA deals on a daily basis with the rapidly changing communications and media environment,” Mr Chapman said. “Its current responsibilities cover 26 Acts and more than five hundred pieces of subordinate legislation. And yet the majority of the legislation the ACMA administers was made before the internet was even in use in Australia.”

The convergence is characterised by five catalysing factors:

  • Technological developments – single devices are becoming the common interface for multiple media (ie, telephone, broadcasting and internet applications.
  • Market developments and associates changes in industry structure – a broadening of the communications market ie media, information technology, broadcasting and telecommunications.
  • Changing consumer and/or citizen engagement – Data delivery of email, SMS and social network communication are replacing voice services. Content production shift from industry to user-generated to share via the internet.
  • Globalisation of markets and regulation – The internet has created extended supply chains and a global reach beyond regulation of local markets.
  • National digital communication strategies – Communications infrastructure invested by public sector (National Broadband Network) shifts dynamics and presents public policy challenges.

Read full report, Broken Concepts.

The paper comes after last week’s convergence report that analysed not only content distribution through the internet but also the content of FTA digital channels and their lack of local content legislation.

The ACMA also published paper, Converged legislative frameworks: International approaches, in July, which draws attention to overseas regions and their approach to creating legislative framework around the convergence of media and communications.

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