Film & TV Industry

Film and Television Production

Over the course of the 1990s, the Australian film industry gained international prominence - both for its own production output and for establishing a production base for foreign or co-produced films, television series, telemovies and mini-series.

But in spite some notable successes, the film industry in Australia continues to battle the problems of a small domestic population (with low return from box office in Australia) and the uncertainty of ongoing government support. The contribution of foreign investment and pre-sales to overseas outlets has escalated in the last ten years and has changed the market - and some would say the culture for film production.

In 1996, a review of Commonwealth assistance to the film industry was conducted by David Gonski. The inquiry was generally viewed by the industry as important in establishing some 'first principles' of the economic and regulatory context for film production in Australia. Among these principles was the idea that if cultural production is to survive and to continue to supply films and programs made by and about Australians, then government assistance in some form will always be required.

Many of the topical issues in film and television production today are about just this issue: how funding and regulation can ensure a healthy and productive local industry.

Film Funding

Public sector support for the industry comes primarily from the Australian Film Commission and the Film Finance Corporation.

Australian Film Commission (AFC)
The Australian Film Commission is a statutory authority. It was created in 1975 and promotes the development of the film, television and creative multimedia industries in Australia.

Film Finance Corporation (FFC)
The Australian Film Finance Corporation is another statutory authority. It is the principal funding agency for Australian film and television programs. The Corporation works in close co-operation with other agencies.

Television - content regulation

The Australian Broadcasting Authority is the primary regulator of commercial television in Australia. The Broadcasting Services Act sets out the role of the ABA in licensing broadcasters and monitoring their performance.

The Act also sets out several aspects of television content regulation that have a profound affect on the composition of the weekly television schedules. Chief among these provisions are:

1. The Australian Content Standard, which provides that Australian programs must account for at least 55% of a broadcaster's annual programming and also sets minimum levels of first release drama and documentary programs.

Australian content has been the subject of much debate within the industry, on account of the challenges made to local production quotas by international free trade agreements.

In 1994, a group of New Zealand production industry organisations (known as Project Blue Sky) commenced an action in the Federal Court of Australia challenging the Australian Content Standard determined by the Australian Broadcasting Authority. The New Zealanders argued that the 1988 Trade in Services Protocol to the Australia New Zealand Closer Economic Relations Agreement and the 1992 Australian Broadcasting Services Act require NZ programs to be treated as favourably as Australian programs under any local content standard.

The New Zealanders were successful before a single judge of the Federal Court but lost on appeal in the Full Federal Court. The High Court upheld an appeal by Project Blue Sky on 28 April 1998, finding that part of the ABA's Australian Content Standard was inconsistent with Australia's international obligations under the CER Agreement. The ABA's Australian Content Standard was amended to reflect the High Court's decision, with effect from 1 March 1999.

2. The Children's Television Standard, which sets out minimum levels of programming as well as restrictions and requirements on when programs for primary school children and pre-school children will be shown.

3. The anti-siphoning rules, which establish a scheme to encourage significant sporting events to be shown on free-to-air television, rather than migrating exclusively to pay TV.

4. Requirements placed on the broadcast of political matter and advertisements for medicines.

5. The Broadcasting Services Act also requires pay TV operators to ensure that 10% of their acquisitions budget each year is spent on new Australian product.

6. The two national broadcasters, the ABC and SBS, have specific obligations placed upon them by way of their establishing Acts, the Australian Broadcasting Corporation Act 1983 and the Special Broadcasting Service Act 1991.

Film and Television - Classification and Censorship

Classification of films and television programs remains a source of debate, invoking issues of free speech and freedom of expression, integrity in artistic works, arguments for the restriction of offensive and obscene productions, and an enduring commitment to the protection of children.

At the heart of this debate and the regulation surrounding classification of film and television content is the notion of community standards. The fact that all regulatory mechanisms require the regulators to have regard to community standards points to the changeable nature of content regulation, and provides an explanation for why change is never likely to be achieved by consensus.

In mid 2001 the Office of Film and Literature Classification (OFLC) announced a review of the both the guidelines relating to the classification of films, and the guidelines relating to the classification of computer games. The OFLC provided a draft of a new document combining the two sets of guidelines. The Issues Paper that accompanies this document points to some of the controversial aspects of classification. The report by Dr Jeffrey E. Brand recommended that the OFLC proceed with its plan to combine the two sets of guidelines.

The legislative framework for classification of film and television in Australia is based on a separation of film and videos on the one hand, and television on the other.

Films and video are classified by the Classification Board under the Classification (Publications, Films, and Computer Games Act) 1985. This is a national scheme created by co-operative arrangements between the Commonwealth and the states. The classification categories are set out in the National Classification Code, which is a schedule to the Act. The Code is supplemented by three sets of guidelines - one each for films and videos, for publications, and for computer games.

Television programs are classified by the television networks themselves, according to the Commercial Television Industry Code of Practice, developed by the Federation of Commercial Television Stations (FACTS). This code of practice is registered with the Australian Broadcasting Authority. The ABA has powers under the Broadcasting Services Act to hear complaints from the public which the broadcaster has not been able to resolve, and to take some limited forms of action against the broadcaster.

Publications

Publication	Author	Date	CU

Submission No. 2 to the Review of the Australian Content Standard 2002	CLC	10/2002

= Communications Update

Film & TV Industry

Film and Television Production

Film Funding

Television - content regulation

Film and Television - Classification and Censorship

Legislation

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