Foxtel is set to strengthen its oversight of third-party content on its platform after the Australian Communications and Media Authority (ACMA) identified breaches of industry codes of practice on both the Outsiders program and the Daystar channel.
Between October and December 2021, the ACMA discovered numerous episodes of Outsiders on Foxtel that violated the subscription TV code of practice requirements, concerning accuracy and the clear distinction between factual material and commentary or analysis in climate-related coverage.
The ACMA examined 80 allegations across 10 Outsiders episodes, selecting a sample of program content in its investigation to evaluate against the relevant code of practice.
ACMA Chair Nerida O’Loughlin emphasised that the Australian community expects factual material to be accurate and commentary to be clearly distinguishable from factual reporting.
“The program has an obligation to its audience to clearly separate fact from comment. Across a number of its episodes, Outsiders failed to do so and did not present news content either accurately or fairly,” Ms O’Loughlin said.
In a separate investigation, the ACMA found broadcasts of the Ministry Now and Joni Table Talk programs, aired on Foxtel’s Daystar channel in September 2021, contained comments that violated accuracy rules for news and current affairs programs under the Subscription Narrowcast Television Codes of Practice 2013.
The ACMA identified inaccurate statements in the Joni Table Talk and Ministry Now programs regarding COVID-19 vaccines, including issues related to the regulatory approval process, alternative COVID-19 treatments, vaccine effectiveness, and claims that vaccines could cause infertility and miscarriage.
Concerning both Outsiders and Daystar channel content, Foxtel argued it had limited control over the broadcasts, as they were distributed by third-party providers under agreements mandating compliance with Australian laws and regulations.
Ms O’Loughlin asserted that broadcast licensees are ultimately accountable for aired content, including that which is supplied or purchased from another provider.
“Broadcasters cannot outsource their compliance responsibilities to a third party. It is important that Australian audiences can trust that information presented in current affairs programs is accurate and factual, particularly when national health issues are involved,” Ms O’Loughlin said.
Following the ACMA’s findings in both the Outsiders and Daystar cases, Foxtel has explicitly acknowledged to the ACMA that, as a licensee, it is responsible for meeting its code and statutory obligations for all broadcast material, even if supplied by third-party providers.
Foxtel will also reassess its existing systems to ensure that content sourced from third-party providers complies with the code. Within four months, Foxtel will report to the ACMA on the outcome of this system review, detailing the staff training, processes, and arrangements it has implemented to guarantee future code compliance.
The ACMA also determined that the same Outsiders programs aired on regional commercial broadcasters WIN and SCA breached commercial TV code of practice requirements regarding accuracy and representation of viewpoints.
WIN and SCA will report to the ACMA within four months on the actions they are taking in response to this investigation to comply with the relevant sections of the commercial TV code of practice concerning programs supplied by third parties.
