Investigation Report No. 1583
File no. 2005/2185
Licensee Liverpool–Green Valley Community Radio Co-operative Limited
Station 2GLF Liverpool
Type of service Community broadcasting service
Name of program Radio Lehren
Date of broadcast 20 August 2005
Relevant legislation Clauses 9(1)(b) and 9(3) of Part 5, Schedule 2 to the Broadcasting Services Act 1992
Investigation conclusion
The licensee of 2GLF, Liverpool–Green Valley Community Radio Co-operative Limited, in relation to the Radio Lehren program broadcast on 20 August 2005: • did not breach clause 9(1)(b) of Part 5 of Schedule 2 to the Broadcasting Services
Act 1992 as it did not broadcast advertisements and
• breached clause 9(3) of Part 5, Schedule 2 to the Broadcasting Services Act as it broadcast sponsorship announcements totalling 14 seconds more than the
The complaint
On 13 and 22 August 2005, the Australian Communications and Media Authority (ACMA) received complaints concerning material on the Hindi program, Radio Lehren, broadcast by 2GLF on Saturdays from 4.00 pm to 7.00 pm.
The complainant alleged that the licensee of 2GLF, Liverpool–Green Valley Community Radio Co-operative Ltd, had breached its licence conditions on 13 and 20 August 2005 by broadcasting:
• untagged sponsorship announcements and
• more than the permissible five minutes per hour of sponsorship announcements.
Assessment
The assessment is based on a compact disc copy of the 4.00 pm to 5.00 pm broadcast of Radio Lehren on 20 August 2005. The licensee submitted that it was unable to provide a copy of the broadcast of 13 August 2005 due to a computer error. The delegate has therefore been unable to investigate this broadcast. Written submissions were received from the complainant and the licensee in relation to the broadcast of 20 August 2005. A translation1 of the announcements broadcast on 20 August 2005 (see Attachment A) was also obtained and is referred to in this investigation.
Issue 1:
Whether the licensee broadcast advertisements
Relevant legislation Schedule 2
9 Conditions applicable to services provided under community broadcasting licences
(1) Each community broadcasting licence is subject to the following conditions: […]
(b) the licensee will not broadcast advertisements …
2 Interpretation – certain things do not amount to broadcasting of advertisements
[…]
(2) For the purposes of this Schedule (other than paragraph 9(1)(a)), the broadcasting by a community broadcasting licensee of:
(a) community information material or community promotional material; or (b) a sponsorship announcement that acknowledges financial support by a person
of the licensee or of a program broadcast on the service provided under the licence, whether or not the announcement:
(i) specifies the name and address of, and a description of the general nature of any business or undertaking carried on by the person; or
1 Translations from Hindi into English of relevant sections of broadcast were done at ACMA’s request by the Community
(ii) promotes activities, events, products, services or programs of the person; or
(c) material that announces or promotes the service provided under the licence, including material (whether by way of the announcement or promotion of activities, events, products, services or otherwise) that is likely to induce public support, whether financially or otherwise, or to make use of, the services provided under the licence;
is not taken to be the broadcasting of an advertisement.
9 Conditions applicable to services provided under community broadcasting licences
(2) Each community broadcasting licence is subject to the following conditions: […]
(b) the licensee will not broadcast advertisements …
Complainant’s submission
The complainant submitted that the licensee had broadcast ‘auction-type advertisements’ for ‘Moshim’s Discount House’ on 20 August 2005.
Licensee’s submission
The licensee submitted that, as a result of ACMA’s recent investigation,2 it had taken, internal action to remedy issues that had led to the breaches found in the previous investigation report.
Finding
The delegate finds that the licensee did not broadcast advertisements during its Radio Lehren program of 20 August 2005. Accordingly, the licensee did not breach clause 9(1)(b) of Part 5, Schedule 2 to the Broadcasting Services Act 1992.
Reasons
An advertisement may potentially be any broadcast that is intended to promote a form of goods or services whether or not payment or other valuable consideration has been received.
Clause 2(2)(b) of Part 1, Schedule 2 to the Act provides that announcements
acknowledging financial support by a person of the licensee or a program broadcast on the service (otherwise referred to as ‘tags’) under the licence do not constitute advertisements.
The one hour Radio Lehren program broadcast on 20 August 2005 contained six announcements for the following businesses which promote goods or services: • Moshim’s Discount House
• Solicitor, Mr Rahul Nand
9
• Southside Taxation and Financial Services • Planet Bollywood
• Payal Emporium or its presentation, ‘Bollywood Star Nite’ and • Royal Punjab Indian Restaurant.
The relevant announcements have been reviewed and all include an adequate acknowledgement of financial support (tags). The announcements are set out at Attachment A and the tags have been italicised. The announcements for the
businesses listed above were all tagged in accordance with clause 9(1)(b) of Part 5, Schedule 2 to the Broadcasting Services Act.
Issue 2: Time limit on sponsorship announcements
Relevant legislation
Schedule 2 – Standard Conditions
Conditions applicable to services provided under community broadcasting licences
(3) A community broadcasting licensee may broadcast sponsorship announcements that run in total for not more than 5 minutes in any hour of broadcasting.
[…]
(5) In working out the length of time devoted to the broadcasting of sponsorship announcements, account is not to be taken of the broadcasting by a community broadcasting licensee of any of the following:
(a) material that publicises programs to be broadcast by the licensee;
(b) material that promotes the licensee’s products, services or activities for the broadcast of which the licensee does not receive any consideration in cash or in kind;
(c) community information or community promotional material for the broadcast of which the licensee does not receive any consideration in cash or kind; (d) sponsorship announcements consisting of moving text that is overlaid on a
test pattern.
Complainant’s submission
The complainant submitted that the licensee broadcast approximately 36 seconds more than the permissible five minutes of sponsorship announcements in the first hour (4.00 pm to 5.00 pm) of Radio Lehren on 20 August 2005.
Licensee’s submission
The licensee submitted, in reference to the presenter of Radio Lehren, that ‘in the first hour he … went over time by 20 seconds’.
Finding
The delegate finds that the licensee breached clause 9(3) of Part 5, Schedule 2 to the Broadcasting Services Act in that the sponsorship announcements totalled 14 seconds
more than the permissible five minutes in the 4.00 pm to 5.00 pm broadcast of Radio Lehren on 20 August 2005.
Reasons
A review of the compact disc copy of the 4.00 pm to 5.00 pm broadcast of Radio Lehren on 20 August 2005 confirmed that the five minute limit on sponsorship announcements in any hour was exceeded. The review has determined that the excess totalled 14 seconds rather than the 39 seconds submitted by the complainant or the 20 seconds claimed in the licensee’s submission.
The sponsorship announcements ran for the following duration between 4.00 pm and 5.00 pm on 20 August 2005:
SPONSOR DURATION*
Moshim’s Discount House 2:05
Solicitor, Rahul Nand 0:38
Southside Taxation and Financial Services 0:45
Planet Bollywood 0:25
Payal Emporium 0:28
Royal Punjab Indian Restaurant 0:53
TOTAL 5:14 * In minutes and seconds.
Action taken by the licensee
In response to the breach finding, the licensee submitted that it regrets the breach and has taken the following steps:
• Radio Lehren’s presenter was provided with training in regard to his timing and has changed his style considerably to try to comply with the regulations
• the presenter has been made aware that he should make every effort to comply with the legislation and
• it will continue to monitor the presenter and the program to prevent further problems.
The delegate considers that these actions address the compliance issues raised by the investigation and will continue to monitor the licensee’s performance in this regard.
Decision
I, Andree Wright, Executive Manager, Industry Performance and Review Branch, being the appropriate delegated officer of the Australian Communications and Media Authority, determine for the above reasons that the licensee of 2GLF, Liverpool– Green Valley Community Radio Co-operative Ltd, in relation to the Radio Lehren program of 20 August 2005:
• did not breach clause 9(1)(b) of Part 5 of Schedule 2 to the Broadcasting Services
Act 1992 in that it did not broadcast advertisements
• breached clause 9(3) of Part 5 of Schedule 2 to the Broadcasting Services Act in
that it broadcast sponsorship announcements totalling 14 seconds more than the permissible five minutes per hour.
Signed: --- Andree Wright
Attachment A
Sponsor Translation of CD of Radio Lehren (RL) 20 November 2005
(Sponsorship ‘tags’ are in italics)
Moshim’s Eddie: Hello Sumesh
Discount House Somesh: Hello Eddieji, hello to your listeners also.
Eddie: How are you today?
Sumesh: I’m well.
Eddie: So you are well, it’s lovely outside some clouds around,
getting a little bit cold today. Two kilo bags of duck pieces are at
$19.99 recommended retail price, it’s very expensive.
Sumesh: Yes $19.99 recommended retail price Eddieji.
Eddie: It’s very expensive today, give for $9.99 Sumesh.
Sumesh: Eddieji.
Eddie: Sumeshji. Ok, think about it.
Sumesh: Yes Eddieji.
Eddie: People are asking for cashews, full cashews complete not
pieces. What’s the recommended retail price?
Sumesh: $14.99 Eddieji.
Eddie: How much is it today? Tell us the rock bottom price.
Sumesh: Ok Eddieji I’ll give a price not negotiation price $9.99.
Eddie: $9.99 done deal Sumesh and you also have wild rooster?
Sumesh: Yes Eddieji.
Eddie: It’s halal isn’t it? Whole rooster not pieces.
Sumesh: Yes it is.
Eddie: We need whole.
Sumesh: Yes, you can have that.
Eddie: What’s the recommended retail price? You told me
$18.99.
Sumesh: Yes Eddieji.
Eddie: Today we want it for $8.99 Sumesh.
Sumesh: No Eddieji.
and rooster? It’s no sir how much will it be? Sumesh: Ok Eddieji lets make it $9.99.
Eddie: We’ll take it for 9.99 Sumesh if you give duck also for $9.99.
Sumesh: Ok fine Eddieji both.
Eddie: Done deal. You can get 2 kilo bags of duck for only $9.99 so a saving of 10 dollars Sumesh.
Sumesh: Yes sir.
Eddie: I’m breaking your back, isn’t it? Now you can also give the wild rooster for $9.99 so it’s a saving of $19. You can get cashew for $5.
Sumesh: No sir, no sir.
Eddie: Oh sorry, you can have a saving of $5 on $9.99. So a total saving of $24.
Sumesh: Yes Eddie.
Eddie: We’ll see you next week Sumesh.
Eddie: This was Sumesh from MDH of 13 Memorial Drive, Liverpool specials with Moshim Discount House who are our proud sponsors ... Music
Solicitor Rahul Nand
This program is made more successful and enchanting by our
proud sponsor compensation and litigation specialist Rahul
Nand whose phone no. is 9687 8699 yes 9687 8699 the same
Rahul Nand who has a 100 per cent winning rate that is whatever case Rahul Nand has touched he has won so if you have any work-related injury or motor vehicle accident, any public liability or there has been medical negligence then call Rahul Nand on 9687 8699 because this is compensation and litigation specialist Rahul Nand
Southside Taxation and Financial Services
Also don’t forget at 10–11, 213 Northumberland Ave, Liverpool you have the Southside Taxation and Financial Services same Taxation and Financial Services who give this guarantee that they’ll claim the maximum tax return for you from ATL in 10 days i.e. you’ll get the tax return in 10 days and they also do company matters, partnership, superannuation, GST, tax return, Business Activity Statement and also gives tax advice i.e. negative gearing, wealth creation, superannuation and get financial advise free consultation and for this call Southside Taxation and Financial Services on 9821 4717 yes 9821 4717
same Southside Taxation and Financial Services are the proud sponsors of this program on 2 GLF 89.3 FM
Planet Bollywood And we also have another proud we’d like to mention that is Planet Bollywood of 28 Bay St, Double Bay phone no. is 9362 5222. You can go with the whole family and friends to get unequalled entertainment in excellent atmosphere with five star service and also enjoy theatre or live entertainment or can see Hindi films on large screen or you can chill out in their Bar Lounge and Game Room don’t forget their address 24 Bay St,
Double Bay phone no. is 9362 5222 i.e. Planet Bollywood who
are the proud sponsors of this program.
Payal Emporium Payal Emporium proudly presents Bollywood Star Nite, where
you can meet John Abraham, Vipassa Naidu and see Udit Narayan, Smita Chauhan along with number of dancers and musicians from Bollywood performing live at 7 pm on Saturday
8th of October 2005, at the city Superdome. For tickets, ask
Ticketek or contact Payal Emporium, George Street, Liverpool.
Phone: 9822 8020 or 9601 6505. Go definitely to Bollywood Star
Nite who are special sponsors of RL.
Royal Punjab Indian Restaurant
And our equally proud sponsors are Royal Punjab Indian
Restaurant. How can you forget about Royal Punjab Indian
Restaurant and why should you forget. Because if you eat your food you’ll never forget, enjoying authentic north Indian food for which there is only one place and that is Royal Punjab Indian Restaurant, Level 1, 199 Northumberland Street, Liverpool, where you can enjoy authentic north Indian cuisine and their unforgettable Bengali fish curry and also fish vindaloo which is getting very famous and today if you are not doing anything and not in a mood to cook and want a takeaway or want some royal dining then book right away on 9602 7411 or go to Level 1, 199 Northumberland Street, Liverpool i.e. Royal Punjab Indian
