Guy Barnett (Tasmania, Liberal Party) Share this | Link to this | Hansard source

I move:

That the Senate take note of the document.

This report by the Department of Broadband, Communications and the Digital Economy is quite comprehensive. It talks about the digital television transmission regulatory framework, the ACMA television coverage evaluation program, the measures to address signal deficiency and the commercial and national free-to-air broadcasters in metropolitan and regional television licence areas. In regard to those broad general topics, I want to express my concerns on behalf of Tasmanian television viewers that Tasmania is missing out on Channel 1. This station is owned by Channel 10. It is a 24-hour, seven-day-a-week sports channel and it is currently not being viewed in Tasmania. At the end of March I received a lot of complaints from members of the community. I have since expressed my concerns publicly and indeed made an official complaint to the Australian Competition and Consumer Commission about Network 10’s advertising of its 24-hour sports television channel.

At the time of the advertising for this free, sports-only channel in Tasmania in the months leading up to the end of March and in the lead-up to its launch in the mainland capital cities, it was my view that the advertising was misleading and deceptive and in breach of section 52 of the Trade Practices Act. I made a complaint at the time to the ACCC and, indeed, I noted it was officially received in Tasmania by the ACCC. Section 52 of the Trade Practices Act says:

A corporation shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.

The advertising in Tasmania gave consumers the impression that from 26 March they would be entitled to enjoy this free, sports-only channel. Unfortunately, that was not the case. The channel was to be viewed and programmed in the mainland capital cities, bar Darwin and Hobart. That is not good enough. Tasmanians should not be considered as second-class citizens. They deserve the right to this service, like other viewers across the country. In fact, Tasmanians are as much interested in sport as our mainland counterparts, if not more. To exclude Tasmania, and specifically Hobart, from accessing this free television service, in my opinion, is very unfair and contrary to the advertising promotion.

At the time, I wrote to the federal Minister for Competition Policy and Consumer Affairs, Chris Bowen, and to the federal Minister for Broadband, Communications and Digital Economy, Senator Conroy, expressing these concerns and asking for their intervention. I subsequently received a letter from Chris Bowen, which indicated that he had referred my concerns to the ACCC. I thank him for that. That letter was dated 1 April. I received a response on 16 April from the ACCC, indicating that my concerns were noted. In the letter from Brian Cassidy, the Chief Executive Officer, he says, ‘In light of the above, my on balance view is that the promotions are unlikely to contravene the Trade Practices Act and unfortunately I am unable to be more certain as the case law pertaining to this area of law is sparse and the distinctions drawn are quite subtle.’

Then, on Saturday, 9 May, Chris Bowen was featured, with a big photo, in the Mercury. The article states: ‘Mr Bowen said it was believed the ACCC did not receive the full story.’ I asked Mr Bowen to find out on behalf of Tasmanians. I call on him and the government to ensure that the ACCC gets the full story because Tasmanians deserve fair treatment. I commend Garry O’Brien and his efforts to get the Tasmanian community behind this so that we get fair treatment in Tasmania. (Time expired)

Question agreed to.