ACMA refuses to approve proposed FreeTV Code of Practice

Barbara Biggins OAM CF, Hon CEO, CMA, highlights ACMA’s refusal to approve proposed FreeTV Code of Practice.

In a welcome victory for groups like Children and Media Australia, and in a significant first, FreeTV Australia’s proposed revised Code of Practice for Commercial TV Stations has been refused approval by the Australian Communications and Media Authority. 

Of particular concern to the ACMA was the proposal to extend the times when M rated content would be permitted, allowing more M content, including advertising for products such as alcohol, to be shown on commercial TV at times when children are more likely to be watching. 

ACMA’s review also highlighted significant community concern regarding gambling advertising on commercial TV.

In addition, ACMA said it remains of the view that Free TV should voluntarily extend its broadcast safeguards to all television content provided online, consistent with the approach taken by the national broadcasters.

In September 2024, FreeTV called for submissions from the community on its long overdue revision of its 2015 Commercial TV Industry Code of Practice (CTICP). CMA’s submission is here.

The usual process is that after its review of the submissions, FreeTV submits its (mostly unchanged) proposed Code to the ACMA and has it approved. This time it was different. 

In March 2025, Free TV Australia completed its review of the CTICP and submitted a revised code to the ACMA for registration.  After careful consideration the ACMA has decided not to register the revised code. ACMA said:

Based on evidence obtained during the code review process the ACMA is not satisfied that the revised code would provide appropriate community safeguards. 

This decision means that the current code will remain in force. 

The decision has been greeted with delight by many in the community and CMA looks forward to more strong action by the ACMA in support of its 2022 paper What audiences want –Audience expectations for content safeguards.   At page 4,  ACMA says:

Successful self- or co-regulation arrangements are predicated on industry’s ability to demonstrate that it is accountable for its activities. This paper also provides guidance on developing effective self- and co-regulatory content rules and safeguards, based on the following interrelated principles of accountability:

transparency – the process of making information about an organisation’s activities available and accessible to the public and key stakeholders

participation – the processes by which an organisation or an industry enables other parties to play an active role in activities that are of interest or affect them

evaluation – the process by which an organisation monitors and reviews their performance against stated goals or objectives

complaints handling – the mechanisms and tools made available to the public to raise concerns about an organisation’s decisions and actions and processes for acceptance and resolution.

We [ACMA] believe consideration of these accountability principles is essential for developing, reviewing and maintaining robust and effective content safeguards that continue to be responsive to audience expectations and engender audience trust.  

CMA challenges the industry to take seriously the principles set out in ACMA’s paper.

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