Telecommunication and Media Law

Telecommunication law in Australia is regulated by the Telecommunications Act 1997.  Under the Act there are two types of persons or organisations that can provide carriage services (telecommunications services) to the public—carriers and service providers. Carriers are defined as those persons who own a telecommunications network unit to supply carriage services to the public. Service providers are those who use a telecommunications network unit to supply carriage services to the public. Carriage services include services for carrying communications, for example telephone services and Internet access services. Carrier licences are granted by the Australian Communications Authority under Section 56 of the Act.

Carriers and carriage service providers, including internet service providers, have legislative obligations under Parts 14 and 15 of the Telecommunications Act 1997 to provide assistance to law enforcement and national security agencies. Amongst other things, carriers and carriage service providers are required to assist such agencies to carry out their duties, maintain lawful interception capabilities, and try to ensure that telecommunications facilities and networks are not used in the commission of offences.

There is no provision in either Australia's Federal Constitution or in any of the state constitutions which explicitly guarantees freedom of speech and of the free press. Australia inherited the traditional English view that freedom of speech was best protected by the common law. There is no press law as such in Australia, although there is a Newspapers and Printing Act in five states. The electronic media is governed by the Australian Broadcasting Services Act, 1992 (Cth), which mandates the licensing of both television and radio broadcasters.

The cross media rules ensure the owners of the major broadcast networks are separate from the metropolitan newspaper owners. Apart from the restrictions on cross-media ownership, the only restrictions on concentration of press ownership are the general ones contained in the Trade Practices Act, 1974 (Cth), which sets out Australian anti-trust law and applies to all industries.

There is no licensing system as such or any requirement of government approval to launch a newspaper or other press enterprise. All states and territories other than South Australia and Victoria require newspaper printing houses to include their name and address and the name and address of the publisher in the newspaper; some states also require registration.

The Australian Press Council, a voluntary body established in 1976 for self regulation of the profession by the Australian Journalists' Association, three publishing associations (Country Press Australia, Australian Suburban Newspapers Association Ltd. and Regional Dailies of Australia Ltd.) and Australia's major publishers.