Applications under the Broadcasting Services Act

• Telecommunications content regulation
• Classification requirements for telecommunications content
• Compliance Requirements for Telecommunications Content

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Telecommunications content regulation

Telecommunications content is regulated under rules set out in the Broadcasting Services Act 1992 and administered by the Australian Communications and Media Authority (ACMA).

The Act provides for some commercial content to be age-restricted and some content to be prohibited.

The Act also makes provision for mobile carriage service providers and content service providers to develop a self-regulatory scheme under an approved industry code of practice.

Classification requirements for telecommunications content

The definitions in the Broadcasting Services Act 1992 state content is prohibited if:

1. the content has been classified RC or X 18+ by the Classification Board, or
2. both:
   1. the content has been classified R 18+ by the Classification Board, and
   2. access to the content is not subject to a restricted access system, or

3. all of the following conditions are satisfied:
1. the content has been classified MA 15+ by the Classification Board
2. access to the content is not subject to a restricted access system
3. the content does not consist of text and/or one or more still visual images
4. access to the content is provided by means of a content service (other than a news service or a current affairs service) that is operated for profit or as part of a profit-making enterprise
5. the content service is provided on payment of a fee (whether periodical or otherwise)
6. the content service is not an ancillary subscription television content service, or

4. all of the following conditions are satisfied:
   1. the content has been classified MA 15+ by the Classification Board
   2. access to the content is not subject to a restricted access system
   3. access to the content is provided by means of a mobile premium service.

Content that consists of an eligible electronic publication is prohibited content if the content has been classified RC, category 2 restricted or category 1 restricted by the Classification Board.

Where such content has not been classified by the Classification Board, the Broadcasting Services Act 1992 provides that the material should be referred to a trained content assessor who will make an assessment by applying the provisions of the Broadcasting Services Act 1992 in relation to potentially prohibited content and either the Guidelines for the Classification of Films and Computer Games 2005.

A trained content assessor is defined as someone who:

• has completed a training course approved by the Director of the Classification Board and remains certified by the Director of the Classification Board.

For information about getting trained to be a certified assessor, refer to the Trained Content Assessors training page.

Compliance Requirements for Telecommunications Content

For more information on compliance requirements, refer to the Phones – Premium services page on the ACMA Website.