Page Archive: FAQ SBS Advertising & Legislation

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What is the relevance of section 45 of the Special Broadcasting Service Act?

SBS is set up under an Act of parliament, the Special Broadcasting Service Act (1991).

Advertising and sponsorship is allowed under section 45 of the Act. This section has a problematic sub-section 45(2)(a) because it is that section that SBS are using to interrupt TV programs for commercial breaks. We do not believe that the original legislators intended that. In any case it is against the spirit of public broadcasting to interrupt programs on a public broadcaster for commercials. For more than 26 years since its inception in 1980 SBS-TV did not interrupt ‘regular’ programs.

The petition urges the Minister to immediately require that:-

1) The SBS Board cease disrupting all programs with advertisements.

The current Special Broadcasting Service Act (1991) says:

Section 45 also states that station promotions do not form part of the 5 minutes per hour of advertising.

We do not know if the current Act might be amended by our politicians to prevent SBS from interrupting programs for advertisements by deleting these 5 words “or during natural programs breaks” from the problematic section 45(2)(a) of the Act as indicated below.

However SOSBS believes that such a simple amendment does not address all the issues. It would be far preferable to have the Act amended to prohibit advertising and sponsorship on SBS completely.

In addition to urging the Minister to immediately require that the SBS Board cease disrupting all programs for advertisements, the petition calls on the Minister to protect the integrity and independence of SBS — from government and commercial influence — by:-

2) Amending the SBS Act to prohibit advertising and sponsorship on SBS;

3) Fully funding SBS so it is not dependent on commercial revenue nor supplementation from advertising; and,

4) Introducing a new system of appointments to the SBS Board that will result in Board members being appointed on the basis of merit with a strong commitment to multiculturalism and SBS independence, and, that the Board is independent from the government of the day and commercial influence.

We hope that all these changes may be achieved as outlined in the petition.

Your support is needed to effect change, please sign the petition

Is there any evidence that SBS have reinterpreted the Act?

SBS radio began in Melbourne and Sydney in the mid 1970’s. When SBS-TV was established in 1980 it was envisaged that the special public broadcaster with a multicultural focus would be publicly funded and independent, and, free from advertising, like the ABC. For many years there were no ads.

When the Special Broadcasting Service Act was enacted in 1991 SBS became a Corporation and the Act provided for SBS to carry advertising. Many in the community were concerned.

When the SBS Act was introduced in that year, typically SBS did not begin transmitting its programs on television until the late afternoon or early evening. Transmissions ceased around midnight. Most of the remainder of the day or night on SBS-TV was test pattern/music.

The legislation was worded with the above in mind and the reference in section 45(2)(a) to running advertisements “during periods before programs commence, [or] after programs end” meant, before all the programs for that evening commenced (NB programs is plural not singular, meaning that group of programs for that entire night) and “after programs end” (also plural) meant at the conclusion of that group of programs for that entire transmission night, i.e., in the period that followed the last program that night, i.e., before test pattern/music was resumed.

In 1991 the reference in section 45(2)(a) to running advertisements “during natural program breaks” meant the break between the end of one program and the start of the next program during the course of programs for that transmission night. The conclusion of a program was rightfully considered to be the only natural break. In this context program is singular, referring to the program just concluded, and breaks is plural because that refers to the many programs and their breaks on their conclusion, that would be aired in that transmission day/night.

Over time SBS has confused the legislation and misread it as if it were written in the singular. There is a crucial difference.

However being written as it is, section 45(2)(a) means that SBS is really only allowed to run a break at the start of the transmission day “before programs commence” and between programs only as that is the “natural break” i.e., “during natural program breaks”. Otherwise SBS is required to wait until the end of the transmission day/night “after programs [plural] end”.

We believe that SBS have now wrongly reinterpreted the Act, believing that they are allowed to have a commercial break in a program according to a set of criteria that SBS has determined rather than legislation. The legislation does not discuss the criteria that SBS have now adopted to determine “natural breaks”. In fact the situation is pretty bad because SBS now place breaks in programs and in movies made for cinema that are screened on SBS that were obviously never even scripted nor intended to be broken into for commercial breaks.

The reason that the legislation does not define a natural break is because when the legislation was drafted it was understood that a “natural break” was the end of a program, or before the next program commenced. Although the legislation does not define a natural break the SBS Codes of Practice 2006; and, the (SBS) Guidelines For The Placement of Breaks in Television Programs September 2006 give their own (SBS) definition, as decided by SBS. The SBS self determined definition could and should be disputed.

In our opinion SBS now read the legislation wrongly, and differently from what was intended in 1991. They have reinterpreted the Act.

Where can I find out more about SBS law and the ‘rules’ about SBS advertising?

The links below may prove useful should you wish to your own research. Each link opens a new window on another web site.

Special Broadcasting Service Act 1991 Portable Document File

SBS Codes of Practice 2006 Portable Document File

(SBS) Guidelines For The Placement of Breaks in Television Programs September 2006 Portable Document File

The regulator of broadcasting is The Australian Communications & Media Authority (ACMA)

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