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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 69 ] --

♦ they are calculated or designed to promote registered clubs and the organisation that represents them, the RCA by being mainly concerned with the new tax increase on clubs (and the detrimental effect that this increase would have on the community work done by clubs), and by making comments about clubs and the community work they do that are all positive; 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 and the effect that the new tax increase on clubs will have on that work.

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

KEEP THE MONEY LOCAL

Material Provided to Mr Laws A live read script entitled ‘Keep the Money Local’ was prepared for broadcast on 2UE. The

text read:

When 6 year old Jay Doyle needed radical eye surgery overseas, it was his local club which raised the $45,000 to help save the boy’s sight.

When Fairfield Hospital needed $56,000 for 2 new cardiac monitors, it was the local bowling club that came up with the funds.

When the State Government announced a one third increase on Club gaming, it put these and many other community projects at risk. Like it or not, this tax will take money away from the small, local projects: away from the communities who spent that money in their local clubs.

Let’s hope the Government is as good at assessing ‘worthwhile projects’ as the Clubs have always been…!

–  –  –

A new hospital in Sydney’s Western Suburbs may be a good project, but it’s a little hard to explain to communities in Dubbo or Parkes whose local clubs are forced to cut donations to equally important community projects.

If you want to add your support, call the Club Hotline on 1800 221 811.1141 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 10.32 am on 28 May 1997, Mr Laws said:

… when a six year old boy needed eye surgery overseas $45,000 was required … the local club got the money … when Fairfield Hospital Needed $56,000 for two new cardiac monitors it was the local bowling club who got the money … when the NSW Government announced a one third increase on taxes on club gaming it put these projects at risk … take money from small local projects … hope the NSW Government is as good as assessing worthwhile projects as the clubs have always been…’ A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that at 11.08 am on 30 May 1997, Mr Laws said:

… when the Fairfield Hospital needed $56,000 for new cardiac monitors it wasn’t the NSW Government that came to the rescue it was the local bowling club … when the NSW Government announced a one third increase on club gaming it put community contracts at risk … this tax will take money away from communities…’ 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 the new tax increase on clubs and the detrimental effect that this increase would have on the community work done by clubs, and by making comments about clubs and the community work they do that were all positive; 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 and the effect that the new tax increase on clubs will have on that work.

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

BIG TAX INCREASE

Material Provided to Mr Laws A live read script entitled ‘Big Tax Increase’ was prepared for broadcast on 2UE. The text

read:

The Club industry generates hundreds of millions of dollars a year… And as non-profit organisations, they put hundreds of millions back into the community… City Tattersalls Club donated $60,000 worth of food to the Sydney City Mission… Mullimbimby Ex-Services Club recently donated almost $11,000 to local sports, including Junior Rugby and Little Athletics… These are the sorts of community projects which rely on their local Clubs: the very projects which may now disappear because of the State Government’s tax increase on Clubs. It’s a tough tax…Be interesting to see who really benefits…!





–  –  –

Along with the community projects, there are thousands of jobs throughout New South Wales Clubs that will be affected - around 8,500…!

Local money for local projects - that’s what the Clubs have always been about…1142 Material Broadcast by Mr Laws A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates that on 10 June 1997, Mr Laws said:

… the club industry puts hundreds of millions of dollars a year back into the community … donated $60,000 worth of food to the Sydney City Mission … projects may disappear because of the stupid NSW Government increases to the clubs… A summary of matter broadcast, recorded by Rehame Australia Monitoring Service,

indicates on 13 June 1997, Mr Laws said:

… we are talking about the club tax … will affect the groups who can least afford it … will affect the Starlight Foundation, Calvary Hospital, Meals on Wheels, St Mary’s Refuge for 2UE.0017.3230 Women … they are the ones that clubs work to support … hard to see any benefit from what is just another increase in NSW taxes… 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 the new tax increase on clubs and the detrimental effect that this increase would have on the community work done by clubs, and by making positive comments about clubs and the community work they do that were all positive; 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 and the effect that the new tax increase on clubs will have on that work.

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

Australian Trucking AssociationGIVEAWAYS

Material Provided to Mr Laws I’ve always said that governments, and that includes local, state and federal governments – have a long way to go to fix up Australia’s roads. We all know they need fixing … And we pay for them … So where is the money actually going …? It’s certainly not back into the road system …! Well, Today’s Truckies asked for your help to identify the worst roads in Australia, and my mates at the Road Transport Forum have received hundreds of faxes … You listening Peter Costello…? You better be, because this proves how bad our roads are …!

Good thing Today’s Truckies are out there helping … Sure they need good roads … and we need them to have good roads, because without Today’s Truckies everything around you wouldn’t be there … Your weetbix in the morning, the bricks in the house, toys for the kids, even my beloved Toyota’s; they all rely on good roads …!

Anyway, we’re going to pick out the top faxes and the team at Today’s Truckies is going to give away some special packs … They were so impressed, they’re going to give away 5 packs for the winners …! But we’re not going to tell you who the winners are today because we’re working with Mark Vaile the Federal Minister, and in early July, when I come back, we’ll announce the winners then.

Those Today’s Truckies packs will help, but what we need is governments to help ‘fix the roads’ …! And we won’t stop until they do …! Today’s Truckies certainly won’t let the Treasurer forget. And with a Federal Election coming up, we might just get John Howard and Kim Beazley interested. So don’t stop sending your faxes: 02 6248 9702, because my mates at the Road Transport Forum are going to make sure the government know – whoever that government may be …!1143 Material Broadcast by Mr Laws

On 10 June 1998 Mr Laws broadcast the following:

I’ve always said or thought that Governments and that includes Local, State and Federal Governments have got a lot way to go to fix up Australia’s roads. People in Sydney know this only too well. We all know they need fixing, we pay for them, so where is the money actually going? It’s not an unreasonable question. It’s certainly not going back into the roads system.

Today’s Truckies ask for your help to identify the worst roads in Australia and my mates at the Road Transport Forum have received literally hundreds of faxes. Peter Purcell* are you listening, you’d better be, because it proves how bad the roads are. It’s a good thing Today’s Truckies are out there. They need good roads and we need them to have good roads. Because if it weren’t for the truckies, everything around you wouldn’t be there. I mean you’re Weetbix wouldn’t be there, the bricks for your house wouldn’t be there, toys for the kids wouldn’t be there, Toyota’s wouldn’t be there. Fenamores carry them, they travel all over the country and they are delivered by truck.

2UE.0020.3805 Anyway, we’re going to pick out the top faxes and a team of Today’s Truckies are going to give away some special packs. Now, we’re so impressed we’re going to give away five packs for the winners. But we’re not going to tell you the winners are today because we’re working with Mark Vaile, the Federal Minister. And early in July when I come back we’ll announce the winners then.

Those Today’s Truckies packs will help too. But what we need is Governments to fix the roads. That’s all, as simple as that. We need Governments to fix roads, and they should be doing it. And I tell you what we won’t stop talking about it until such time as they do fix the roads.

Today’s Truckies certainly won’t let the Treasurer forget that or anybody else for that matter.

And of course we’ve got to remember State Governments as well. Are you listening Carl Scully? And with the Federal election coming up we might just get John Howard and Kim Beazley interested in this too. So don’t stop sending your faxes. I’ll give you the fax number again. 02624897. Road Transport Forum. We’re going to make the Governments aware of the fact that you are aware of the fact that we have a lot of bad roads in this country that we simply shouldn’t have.1144 Mr Laws’ Submission to the Hearing Mr Laws made the following submission regarding the Road Transport Forum (the RTF) live

reads:

Dealing with the alleged breaches of clause 3.(1)(a) of Code of Practice 3…it is submitted that the broadcasts…were live-reads of advertisements booked and paid for with Radio 2UE…it was, and would have been, understood by the listeners to have been advertisements that were read live to air.

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

this broadcast:

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

Laws states ‘my mates at Road Transport Forum’, ‘today’s truckies’ is mentioned throughout the ad;

Laws gives the fax number for the Road Transport Forum.

The Panel’s Finding The Panel does not accept Mr Laws’ submission that these live reads would have been ‘understood by the listener to have been advertisements’. The Panel is of the opinion that there is nothing in these broadcasts to distinguish them as advertisements and that these ABA_Docs.0001.0019 broadcasts have a strong information/editorial component that would be more readily associated with other types of program matter.

The Panel does not accept 2UE’s submission that listeners would have understood that the broadcast was an advertisement. The use of the words ‘my mates’ and ‘today’s truckies’ does not indicate a commercial relationship. Similarly, announcing a fax number does not distinguish broadcast matter as advertising, particularly if the announcement is made at the end of the broadcast.

For the following reasons the Panel finds that the matter broadcast is an advertisement:

♦ it is calculated or designed to promote the road transport industry and the organisation that represents it, the RTF by being mainly concerned with the condition of Australian roads and the part played by trucks and truck drivers in Australian society and by making positive comments about trucks and truck drivers and the contribution they make to society; and ♦ valuable consideration was provided to Mr laws by the RTF.



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