FreeTV backs ACCC digital crackdown

Broadcasters call for talks on a code of conduct governing negotiations between traditional media and tech ­giants to start immediately.

FreeTV wants content rules changed to protect shows produced locally, like Seachange.

Commercial broadcasters have called for an immediate start to work on a code of conduct governing negotiations between traditional media and the tech ­giants, setting up a key battleground for the government’s ­response to the digital platforms inquiry.

FreeTV Australia said the federal government had a chance to lead the world on fixing the ­imbalance between traditional media and the tech giants as it considers its response to 23 recommendations made in June by the Australian Competition & Con­sumer Commission.

The ACCC found that tech ­giants, such as Facebook and Google, had market power and recommended negotiations between the old and new media ­industries be governed by an ­enforceable code of conduct to address a claimed imbalance.

Google Australia chief executive Mel Silva said last week the code of conduct recommendation overlooked existing commercial arrangements with local news publishers and “the broader value that Google provides through referred web traffic and technology”.

But FreeTV Australia chief executive Bridget Fair said consultation on the code of conduct needed to start immediately.

“This is vital to address the ­unequal bargaining position between media businesses and the digital platforms,” Ms Fair said.

The code, to be administered by the ACCC, would prevent the platforms from restricting the “reasonable and sustainable monetisation” of news and media content and enable data sharing by those businesses that derive audience, data and ­financial benefit from the consumption of content on their ­platforms.

“The digital platforms inquiry final report represents a golden opportunity for the government to rein in these global monopolies and at last create a truly level playing field for the benefit of all Australians,” Ms Fair said.

The comments, backed by statements from Ten Network chief executive Paul Anderson and Seven West Media’s James Warburton, came as FreeTV ­delivered its response to the ACCC final report. FreeTV also backed the ACCC’s recommendation to establish a new digital platforms branch and hold a separate inquiry into the “opaque” advertising technology industry among seven recommendations that it said should be a priority for the government.

“The inquiry should report to government on the appropriate form of regulation to apply to ­prevent self-preferencing by Google and Facebook that substantially lessens competition,” Ms Fair said.

FreeTV, which represents Seven West Media, Nine Entertainment, Network 10, Southern Cross Austereo, Prime Media Group, WIN Network and Imparja Television, said reform of media regulations was long overdue, including Australian content quotas and advertising restrictions that penalised commercial free TV broadcasters.

It has proposed rolling the ­reforms in with the finalisation of reforms to local content quotas, harmonising content classi­fication and advertising ­restrict­ions across platforms overhauling compliance and enforcement ­regimes.

FreeTV also wants a mandatory standard for the take-down of commercial content shared without permission, the broadening of the regional and small publishers fund for news and journalistic content, increased ­accountability for the platforms to deal with “fake news” and better enforcement of privacy laws against digital platforms.

Ten’s Mr Anderson said it was “in the interest of every Australian” to overhaul content rules that did not apply to the tech platforms. “But to continue to provide Australians with the homegrown content they actually want, in a way that’s accessible across the platforms they use, we need local content rules that are fairer and more flexible,” he said.

Mr Warburton said: “These platforms do not invest in quality Australian content and are not subject to the controls and rules we must adhere to, creating an uneven playing field.”

A Nine ­Entertainment supported the FreeTV recommendations “The government needs to call out the digital platforms on their platitudes and promises and implement the code of conduct for commercial negotiations and media harmonisation as a matter of urgency,” a network representative said.