Sid Sidebottom (Braddon, Australian Labor Party, Parliamentary Secretary for Agriculture, Fisheries and Forestry) Share this | Hansard source

Sit down and just listen for once. I know you know everything about everything and in so doing you know nothing. The proposed public interest test will assess whether transactions involved in changes in control of significant news media voices will result in a substantial lessening of diversity—I think you will understand that bit.

The various numeric rules contained in the Broadcasting Services Act 1992 currently act as a quasi-public interest test by imposing constraints on mergers and acquisitions between different media groups. However, these are blunt regulatory instruments that do not effectively cover potential mergers between national media groups and do not provide flexibility for considering new voices that may come to prominence in a converged media environment. The public interest test will allow for a more cohesive, in-depth assessment of proposed changes to media ownership and control than current rules allow—there is a bit more in-depth information for you so that you can understand what we are trying to do—in the light of a highly concentrated view of the media and how it operates.

The government also considers that an effective public interest test over time can result in a significant rationalising of the blunt numeric tests which form the basis of current legislation and regulation. Let's go into it in a little bit more depth, seeing as you asked for that. The government's proposed public interest test model will only apply to new media voices whose audience or subscriber number is above a threshold based on audience—you have that one, so write it down and keep yourself busy. It will also require news media voices that reach this threshold to be included on a register maintained by the Australian Communications and Media Authority and test whether or not 'a substantial lessening of diversity of control of news media voices' will take place under a proposed control change.

We are looking at some form of public interest media advocate. The public interest test will be applied by the advocate, operating at arm's length from government, to changes to ownership and control; require news media voices involved in a transaction that results in a control event to apply for prior approval for that transaction to proceed from the advocate; and empower the advocate to reject or approve subject to the enforceable undertakings, changes of ownership and control following assessment under the public interest test. There is a bit more detail for you. You wanted it, and you are getting it, so just be nice and listen to it. See if you can absorb some of this stuff. You will have your say, no doubt. The public interest test will also allow the advocate to take into account a range of issues and criteria directly relevant to diversity considerations in making its assessment and will allow the advocate to approve a substantial lessening of diversity of control of registered news media voices if satisfied that the transaction will result in a benefit to the public and that the benefit outweighs the detriment. So, what is the public interest test?

Mr Murphy interjecting—

No, no, you have provided the passion. Others on the other side want to provide the passion. I am just dealing with the facts and trying to put the legislation so that people who listen to this can actually understand what this is about instead of listening to the shrillness of those opposite and some of those in the media itself. So let us keep going, because we like to do this logically. We do not need the loudmouths of life getting all the attention.

What is the public interest test? We are going to test whether or not a substantial lessening of diversity of control of news media voices will take place under a proposed control change. However, the advocate can approve a transaction where satisfied that the benefit of the transaction would outweigh the detriment, which I mentioned earlier, to the public cause by any lessening of diversity of control.

The public interest test is not a fit-and-proper-person test; it is solely aimed at ensuring that Australians continue to have access to a diverse range of news and opinion as the media and communications landscape changes over time. That is reasonable, rational, responsible. However, if you listen to those on the other side, it is the death and destruction of democracy itself, and the media with it.

Let us have a look at aspects of the new test so that we can give you some more substance and some more detail, because that is what you wanted. A new test will enable the advocate to approve a transaction where the applicant satisfies the advocate that a relevant control event will not result in a substantial lessening of diversity of control. This aspect enables simple transactions that do not affect diversity to be easily dealt with by the act.

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