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«COMMERCIAL RADIO INQUIRY Report of the Australian Broadcasting Authority Hearing into Radio 2UE Sydney Pty Limited February 2000 Sydney ISBN 0 642 ...»

-- [ Page 68 ] --

You have to be impressed with the work Clubs do in the community. They’re putting hundreds of millions of dollars a year into health, and sport, and aged care and all the sorts of areas we Media Monitors Transcript, S26855014 just take for granted. Some groups ask the Clubs for help, other times a local club sees a need and steps in to help out…! It’s not just the big clubs either… You may not have heard of St Johns Park Bowling Club, but the doctors and staff at Fairfield Hospital have. That’s because St Johns Park Bowling Club donated $56,000 towards monitoring equipment at Fairfield’s Coronary Care Unit…! Lot of money… Good to know there are people out there that care.

Good to know we have the Clubs looking out for us.1133 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 4 April 1997, Mr Laws said:

… the clubs help the community in many ways … St John’s Park Bowling Club has donated money to Fairfield Hospital.1134 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 8 April 1997, Mr Laws said:

… you have to be impressed with the work that clubs do for the community … they are helping people in sport and helping elderly people … the St John’s Bowling Club have donated fifty six thousand dollars to Fairfield Hospital.1135 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 17 April 1997, Mr Laws said:

… St John’s Park Bowling Club have donated money to Fairfield Hospital … the clubs are looking after us.1136 Mr Laws’ Submission to the Hearing

Regarding the RCA live reads, Mr Laws made the following submissions:

Of these live-reads, John Laws submits…they were, and would be received by his listeners as advertisements which were frequently embellished with personal endorsement – and not as mere commentary upon issues of the day.

Bearing in mind radio is an aural medium, it is not appropriate…to judge when these scripts went to air, they would have been perceived by the listeners to be otherwise than advertisements and instead to be general program material, when the ABA has been unable to listen to these scripts being read. Moreover, one does not know the context of the program in which the scripts were read, whether there were pauses or stings preceding or succeeding the live reads, or whether there were other flags or markers that would have led the listener to understand they were listening to advertisements.

It is a mistake to believe that a listener would not receive material in which the word clubs was repeatedly mentioned in a concentrated segment as an advertisement, merely because a telephone number was not broadcast or because the advertisement did not expressly say it was an advertisement paid for by the RCA.

–  –  –

2UE’s Submission to the Hearing In addition to 2UE’s general submission, 2UE also made the following submissions

regarding these broadcasts:

There are certain features of the advertisement which are associated in the minds of listeners with advertising or advertisements.

Clubs are spoken about for the entire piece. According to the evidence of Ms Wild at transcript 237, this is one of the ways that a listener can identify a live read as an advertisement. Further, a similar live read format is used for many of the Clubs’ live reads for this period, and listeners may begin to recognise it because of this repetition.

There is insufficient evidence of the content of the broadcast. Only a summary report exists.

The Panel’s Finding The Panel does not accept Mr Laws’ submission that the RCA live reads would be received by listeners as advertisements. The Panel believes that these broadcasts were not sufficiently identifiable as advertisements.

The Panel does not accept Mr Laws’ submission that a finding cannot be made regarding these live reads because ‘the ABA has been unable to listen to these scripts being read’.

Rehame Australia Monitoring Service provided a summary report in which key phrases of the broadcast were recorded. The Panel is of the view that, in the case of the RAMS live reads, these key phrases give a sufficient indication of the content and presentation of this material.

The Panel does not accept Mr Laws’ submission regarding the frequent use of the word ‘clubs’ during this broadcast. Mentioning the word ‘clubs’ repeatedly during a broadcast does not necessarily mean that the broadcast is an advertisement for clubs. It can reasonably be assumed that a news item about clubs or an editorial comment about clubs would also feature the word ‘clubs’ on numerous occasions.

The Panel does not accept 2UE’s submission that the broadcast can be recognised as an advertisement. Neither a similar format nor the frequent naming of an organisation during a broadcast gives sufficient indication that the broadcast is necessarily an advertisement for that organisation. As stated above, it can reasonably be assumed that a news item about clubs or an editorial comment about clubs would also frequently use the word ‘clubs’ during the broadcast.

The Panel does not accept 2UE’s submission that there is ‘insufficient evidence of the content of the broadcast’. Rehame Australia Monitoring Service provided a summary report in which key phrases of the broadcast were recorded. The Panel is of the view that, in this case, these key phrases give a sufficient indication of the content and presentation of this material.





For the following reasons the Panel finds that the matters broadcast are advertisements:

♦ they are calculated or designed to promote registered clubs and the organisation that represents them, the Registered Clubs Association, (the RCA) by being mainly concerned with community work being done by clubs, and by making positive comments about clubs in general and about St Johns Bowling Club in particular; and ♦ valuable consideration was provided to Mr Laws by the RCA.

The Panel also notes that in its submission, 2UE considered this broadcast to be an advertisement.

For the following reasons the Panel finds that these advertisements have been presented as ‘other programs’, in this case current affairs programs:

♦ they have the characteristics and content of current affairs programs; and ♦ they appear to be concerned with matters relating to social issues of relevance to the community, namely the work in the community being done by clubs.

The Panel finds that 2UE breached clause 3.1(a) of the Codes.

GENERAL COMMUNITY #2 Material Provided to Mr Laws A live read script entitled ‘General Community’ dated 23 March 1997 was prepared for

broadcast on 2UE. The text read:

With Clubs throughout New South Wales putting around $700 million a year back into the community, there are a lot of great stories to tell. But some of the stories that won’t make the press are also some of the most important… Some of the acts of charity by our Clubs often involve no more than a gesture of goodwill… or maybe a few hundred dollars that will make all the difference. When Mona Vale Surf Life Saving Club has an outboard motor stolen from one of it’s rubber duckies before Christmas, it was another Club that stepped into help … Pittwater RSL got them afloat by donating a new engine and accessories worth around $2,000. Doesn’t take much, but it does make a difference.

That’s hat Clubs do, and that’s why we love them…!1137 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 9 April 1997, Mr Laws said:

… some of the acts of charity by our clubs often involve no more than a gesture of good will but it makes all the difference … when Mona Vale Surf Life Saving Club had an out board motor stolen, another club stepped in to help them … Pittwater RSL donated a new engine and accessories … clubs make a difference.1138 A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 18 April 1997, Mr Laws said:

–  –  –

… clubs around Australia put about $700 million a year back into the community … there are lots of great stories … when Mona Vale Surf Lifesaving Club had an outboard motor stolen from one of the rubber duckies, it was another club that stepped in and helped … Pittwater RSL donated a new engine and accessories worth about $2,000.1139 The Panel’s Finding

For the following reasons the Panel finds that the matters broadcast are advertisements:

♦ they are calculated or designed to promote registered clubs and the organisation that represents them, the RCA, by being mainly concerned with community work being done by clubs, and by making positive comments about clubs in general and about Pittwater RSL in particular; and ♦ valuable consideration was provided to Mr Laws by the RCA.

For the following reasons the Panel finds that these advertisements have been presented as ‘other programs’, in this case current affairs programs:

♦ they have the characteristics and content of current affairs programs; and ♦ they appear to be concerned with matters relating to social issues of relevance to the community, namely the work in the community being done by clubs.

The Panel finds that 2UE breached clause 3.1(a) of the Codes.

IT HAS A BIG EFFECT

Material Provided to Mr Laws A live read script entitled ‘It has a Big Effect’ was prepared for broadcast on 2UE. The text

read:

Don’t underestimate the affect this new tax increase on clubs will have.

It’ll go right to the very heart of our community, because that’s where Clubs do so much good!

Some people will have you believe the Clubs are basking in multi-million dollar profits.

What they won’t tell you is that the Clubs push about $700 million a year back into community facilities and projects!

–  –  –

How many people want to fund junior sports or the SES or even Camp Quality?

Local money funding local projects - that’s what the Clubs are all about. Some would say they are not essential projects … Tell that to a team of 10 year olds who lose the funding for their sport!

–  –  –

The Clubs had no warning about this tax increase; tough stuff for those building and other capital commitments.

It’s going to impact on jobs too … Thousands could go state-wide!

If you want to add your support, call the Club Hotline on 1800 221 811.1140 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 26 May 1997, Mr Laws said:

… more tax by the Government on clubs which are non-profit means there is less money to give to the community … important local products may well disappear forever … do not underestimate the effect the new tax increase will have on clubs … will go to the heart of the community … clubs push about $700 million a year into the community … where will that money come from now? … who will fund Camp Quality?

A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.11 am on 27 May 1997, Mr Laws said:

… do not underestimate the effect the new tax increase on clubs will have on clubs … will go the heart of the community … clubs push about $700 million a year into the community … where will that money come from now? … who will fund Camp Quality?

A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.43 am on 27 May 1997, Mr Laws said:

…do not underestimate the effect the new tax increase on clubs could have … go to the heart of the community … clubs push about $700 million a year back into community facilities … Camp Quality is one thing they fund … SES, junior sports clubs… A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 11.54 am on 28 May 1997, Mr Laws said:

Mr Laws: … the NSW tax on clubs will go to the heart of out community … clubs push about $700 million back into the community … who are going to fund projects like Camp Quality for children with cancer now?… A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.08 am on 30 May 1997, Mr Laws said:

…do not underestimate the effect the new tax will have … will go to the heart of the community … clubs give out about $700 million a year to the community … projects for kids and old people … people will not be able to get junior sports funding from this … what about Camp Quality?

A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 2 June 1997, Mr Laws said:

–  –  –

don’t underestimate the effect this new tax increase on clubs is going to have … it will go right to the heart of the community … the clubs push around $700 million a year back into the community … where’s that money going to come from now?

2UE’s Submission to the Hearing In addition to 2UE’s general submission, 2UE made the following submission regarding

these broadcasts:

The Clubs hotline phone number is given. Further, a similar live read format is used for each of the Club’s live reads during this period and listeners may begin to recognise it because of this repetition.

The Panel’s Finding The Panel does not accept 2UE’s submission regarding these broadcasts. In the opinion of the Panel neither mentioning a hotline nor following a similar format indicates sufficiently that the broadcast is an advertisement.

For the following reasons the Panel finds that the matters broadcast are advertisements:



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