Federal Register of Legislation - Australian Government

Primary content

Children's Television Standards 2009

Authoritative Version
Standards/Other as amended, taking into account amendments up to Children's Television Standards Variation 2014 (No. 1)
Administered by: Communications and the Arts
Registered 24 Dec 2014
Start Date 24 Dec 2014
Table of contents.
Skip Navigation Links.
Collapse TextText
Collapse Part 1 Preliminary 
Part 1 Preliminary
CTS 1 Name of Standards
CTS 2 Commencement
CTS 4 Revocation of the Children’s Television Standards 2005
CTS 5 Definitions
CTS 5A Meaning of pro rata formula
CTS 5B Meaning of school holidays
Expand Part 2 Requirement to provide C programs and P programs 
Part 2 Requirement to provide C programs and P programs
Expand Part 3 Requirements relating to protection of children 
Part 3 Requirements relating to protection of children

Commonwealth Coat of Arms

Children’s Television Standards 2009

as amended

made under subsection 122 (1) of the

This compilation was prepared on 16 December 2014
taking into account amendments up to Children’s Television Standards Variation 2014 (No. 1).

Prepared by the Australian Communications and Media Authority


Contents

Part 1                          Preliminary                                                                                     

                 CTS 1      Name of Standards                                                                             3

                 CTS 2      Commencement                                                                                  3

                 CTS 4      Revocation of the Children’s Television Standards 2005                        3

                 CTS 5      Definitions                                                                                          3

               CTS 5A      Meaning of pro rata formula                                                                 6

               CTS 5B      Meaning of school holidays                                                                 6

Part 2                          Requirement to provide C programs and P programs       

                 CTS 6      Criteria of suitability for C and P programs                                           7

                 CTS 7      Obligation of a licensee to broadcast C programs and P programs       7

                 CTS 8      Requirements that apply to both C material and P material                    7

                 CTS 9      Licensee to give public notice of broadcast times of C and P programs 8

               CTS 13      Requirements that apply only to C material                                           8

               CTS 14      Requirements that apply only to P material                                         10

               CTS 15      Duration of classifications                                                                 10

               CTS 16      Provisional classification                                                                   10

               CTS 17      Australian C Drama                                                                           10

               CTS 18      Obligation of a licensee to broadcast Australian C Drama                   11

               CTS 19      Australia’s international obligations                                                    11

Part 3                          Requirements relating to protection of children                  

               CTS 20      Program promotions and station identifications                                  13

               CTS 21      Non‑program material other than news                                                13

               CTS 22      News flashes and announcements                                                     13

               CTS 23      Actual times falling short                                                                   13

               CTS 24      Prizes                                                                                               13

               CTS 25      Unsuitable material                                                                            14

               CTS 26      Advertisements                                                                                 14

               CTS 27      Maximum advertising time                                                                 14

               CTS 28      Separation of advertisements and sponsorship announcements          14

               CTS 29      Repetition of advertisements                                                             14

               CTS 30      Content of advertisements                                                                 15

               CTS 31      Pressure in advertisements                                                                15

               CTS 32      Clear presentation                                                                             15

               CTS 33      Disclaimers and premium offers                                                        15

               CTS 34      Competitions                                                                                    16

               CTS 35      Promotions and endorsements by popular characters                         16

               CTS 36      Advertising of alcoholic drinks                                                           17

Notes                                                                                                                            18

 


Part 1                 Preliminary

CTS 1    Name of Standards [see Note 1]

                These Standards are the Children’s Television Standards 2009.

CTS 2    Commencement [see Note 1]

                These Standards commence on 1 January 2010.

CTS 4    Revocation of the Children’s Television Standards 2005

                The Children’s Television Standards 2005 are revoked.

CTS 5    Definitions

         (1)   In these Standards, unless the contrary intention appears:

Act means the Broadcasting Services Act 1992.

Australian C Drama means a program which meets the requirements in CTS 17 (1) or CTS 17 (2).

Australian Content Standard means the Broadcasting Services (Australian Content) Standard 2005.

Australian/New Zealand program has the meaning given by section 20 of the Australian Content Standard.

Australian official co‑production has the meaning given by section 6 of the Australian Content Standard.

break means any broadcast which interrupts a program or comes between programs.

broadcasting commencement day, in relation to a licensee, means the earlier of the following:

(a)   the day on which the licensee is required to start providing a commercial television broadcasting service under the licensee’s licence conditions; and

(b)   the day on which the licensee starts providing the commercial television broadcasting service.

C band means the following periods of time:

                (a)    7.00am to 8.30am Monday to Friday;

               (b)    4.00pm to 8.30pm Monday to Friday;

                (c)    7.00am to 8.30pm Saturday, Sunday and school holidays.

C material means:

(a)   a C program; and

(b)   any of the following material that may be broadcast in breaks immediately before, during and immediately after a C program, in accordance with these Standards:

(i)            a program promotion;

(ii)          a community service announcement;

(iii)        any other announcement;

(iv)        a station identification;

(v)          a news flash;

(vi)        an advertisement;

(vii)      a G program, including a part of a G program.

C period means a period, in the C band, communicated to the public by a licensee under CTS 9 for the broadcast of a C program, or the consecutive   broadcast of 2 or more C programs.

C program means a program which has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a program which meets the criteria of suitability for children in CTS 6 (1), and is broadcast in a C period.

children means people younger than 14 years of age.

Commercial Television Industry Code of Practice means the document:

(a)   published under that name by Free TV Australia; and

(b)   included in the Register of codes of practice under subsection 123 (4) of the Act.

community service announcement means an announcement which promotes a charitable cause or activity or which constitutes a service to the community, and which is broadcast free of charge by a licensee.

disclaimer means a statement which attempts to limit or deny any legal liability which might otherwise fall on an advertiser.

first release, for a program, has the meaning given by section 8 of the Australian Content Standard.

first year of broadcasting, in relation to a licensee whose broadcasting commencement day is in 2011 or a subsequent year but is not 1 January of that year, means the year in which the licensee’s broadcasting commencement day falls.

G classified, in relation to material, means classified G in accordance with the Commercial Television Industry Code of Practice.

G program means a program that is classified G in accordance with the Commercial Television Industry Code of Practice, but does not include:

(a)   an advertisement (whether or not of a commercial kind); or

(b)   sponsorship matter (whether or not of a commercial kind).

licensed character means a character used, under licence from the owner of the character, in the promotion or advertising of products or services.

licensee means the holder of a commercial television broadcasting licence allocated or renewed in accordance with the Act.

month means a calendar month.

New Zealand program has the meaning given by section 19 of the Australian Content Standard.

P band means the period of time 7.00am to 4.30pm Monday to Friday.

P material means:

(a)   a P program; and

(b)   any other material that may be broadcast in a P period in accordance with CTS 22.

P period means a period, in the P band, communicated to the public by a licensee under CTS 9 for the broadcast of a P program, or the consecutive broadcast of 2 or more P programs.

P program means a program which has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a program which meets the criteria of suitability for preschool children in CTS 6 (2), and is broadcast in a P period.

premium means anything offered with or without additional cost that is intended to induce the purchase of an advertised product or service.

preschool children means children who have not yet started school.

proprietary character means a character used by its owner in the promotion or advertising of products or services.

pro rata formula has the meaning given by CTS 5A.

revoked Standards means the Children’s Television Standards 2005, revoked under CTS 4.

school holidays has the meaning given by CTS 5B.

year means a calendar year starting on 1 January and ending on 31 December.

Note   Certain words and expressions used in these Standards are defined in subsection 6 (1) of the Act, including ACMA (Australian Communications and Media Authority).

         (2)   These Standards apply to:

(a)   all C programs; and

(b)   all P programs; and

(c)   all breaks immediately before, during and immediately after both C programs and P programs.

         (3)   These Standards apply to C programs and P programs in a series as they do to single C programs and P programs, except that for the purposes of classification a number of C programs or P programs in a series may be treated as if they were 1 program.

         (4)   The Australian Content Standard applies in addition to these Standards. However, in the event of an inconsistency between the 2 standards, these Standards prevail.

         (5)   These Standards may be referred to by the abbreviation ‘CTS’. For example, this is CTS 5 (5).

CTS 5A  Meaning of pro rata formula

         (1)   In these Standards, pro rata formula, in relation to a licensee mentioned in CTS 5A (2), means:

where:

X is the number of days remaining in a quota period on the licensee’s broadcasting commencement day.

Y is the number of days in a quota period (that is, 365 days in a year or 366 days in a leap year).

Z is the quota hours to be broadcast under a provision of these Standards.

         (2)   The licensee is a licensee whose broadcasting commencement day is in 2011 or a subsequent year, but is not 1 January of that year.

CTS 5B Meaning of school holidays

         (1)   In relation to a licence area that is in one State or Territory, school holidays means the public holidays and government primary school holidays in the licence area.

         (2)   CTS 5B (3), (4) and (5) apply in relation to a licensee for a licence area that is in more than one State or Territory.

         (3)   If the licensee broadcasts C programs in C periods by uniform transmission of the programs throughout the licence area, school holidays means the public holidays and government primary school holidays in the State or Territory that contains the largest proportion of the population of the licence area.

         (4)   If the licensee broadcasts C programs in C periods using a separate transmission of the programs for each State or Territory in the licence area, school holidays means, for each of the States or Territories in the licence area, the public holidays and government primary school holidays in that State or Territory.

         (5)   If the licensee broadcasts C programs in C periods using separate transmissions of the programs for groups of States or Territories in the licence area, school holidays means, for each group of States or Territories in the licence area, the public holidays and government primary school holidays in the State or Territory that contains the largest proportion of the population of the licence area in that group.

         (6)   In CTS 5B, the proportion of population is to be determined in accordance with census data collected by the Australian Bureau of Statistics.

Part 2                 Requirement to provide C programs and P programs

  

CTS 6    Criteria of suitability for C and P programs

(1)          A program meets the criteria of suitability for a C program if it:

(a)      is made specifically for children, or groups of children, of school age; and

(b)      is entertaining; and 

(c)      is well produced using sufficient resources to ensure a high standard of script, cast, direction, editing, shooting, sound and other production elements; and

(d)     enhances the understanding and experience of children of school age; and

(e)      is appropriate for Australian children of school age.

(2)          A program meets the criteria of suitability for a P program if it:

(a)    is made specifically for preschool children; and

(b)      is entertaining; and

(c)      is well produced using sufficient resources to ensure a high standard of script, cast, direction, editing, shooting, sound and other production elements; and

(d)     enhances the understanding and experience of preschool children; and

(e)      is appropriate for Australian preschool children.

CTS 7    Obligation of a licensee to broadcast C programs and P programs

                Each year, a licensee must meet the requirements of all of the following provisions of this standard:

(a)   for both C material and P material — CTS 8 and CTS 9;

(b)   for C material — CTS 13;

(c)   for P material — CTS 14.

CTS 8    Requirements that apply to both C material and P material

(1)     A licensee must broadcast in each year a total of:

(a)      at least:

(i)            260 hours of C material in the C band; or

(ii)          for a licensee’s first year of broadcasting – the amount of hours of C material in the C band worked out using the pro rata formula where Z is 260 hours of C material; and

(b)      at least:

(i)            130 hours of P material in the P band; or 

(ii)     for a licensee’s first year of broadcasting – the amount of hours of P material in the P band worked out using the pro rata formula where Z is 130 hours of P material.

(2)          A licensee must not broadcast:

(a)      in a C period – any program other than a C program; or

(b)      in a P period – any program other than a P program.

(3)          Subject to CTS 8 (4), a licensee must not broadcast more than 3 times within any period of 5 years:

(a)      in C periods – any 1 C program that is an episode or program in a series; or

(b)      in P periods – any 1 P program that is an episode or program in a series. 

(4)          There is no restriction on the number of times a licensee may broadcast an Australian C drama. 

(5)          The obligations of a licensee are subject to the exceptions and qualifications contained in subsection 12 (4) and section 12A of the Australian Content Standard.

CTS 9    Licensee to give public notice of broadcast times of C and P programs

(1)          A licensee must communicate to the public the dates, times and channel(s) for the broadcast of C programs in the C band and P programs in the P band: 

(a)       at least 6 days in advance;

(b)      in program schedules on the licensee’s website; and

(c)       by including the classification symbol C or P in the program listing.

(2)          Any variation to the date, time or channel for the broadcast of a C or P program that is made after notice is given under CTS 9 (1) must be communicated as soon as possible:

(f)       in program schedules on the licensee’s website; or

(g)      by updating the licensee’s electronic program guide; or

(h)      by some other suitable means of communicating the rescheduled time, date and channel for the broadcast of the displaced C or P program.

(3)          A displaced C or P program that is broadcast at the time and on the date and channel communicated under CTS 9 (2) is taken, for the purposes of compliance with CTS 13 or CTS 14, to have been broadcast at the time and on the date and channel for broadcast communicated under CTS 9 (1).

CTS 13  Requirements that apply only to C material

(1)   A licensee must broadcast C material for a continuous period of time by:

(a)      complying with CTS 13 (2); or

(b)      after giving written notice to the ACMA of its intention to do so, by complying with CTS 13 (3) for the period of time specified in the written notice.

         (2)   For CTS 13 (1) (a), a licensee complies with this provision if the licensee broadcasts for a continuous period of time of not less than 30 minutes:

                (a)    every weekday between the hours of 7.00 am and 8.30 am or 4.00 pm and 8.30 pm, to a total in each year of at least:

(i)            130 hours; or

(ii)          for the licensee’s first year of broadcasting — the amount of hours worked out using the pro rata formula where Z is 130 hours; and

               (b)    at any time in the C band to a total in each year of at least:

(i)            130 hours; or

(ii)          for the licensee’s first year of broadcasting — the amount of hours worked out using the pro rata formula where Z is 130 hours; and

                (c)    not more than 1 episode of a C program series during any 1 C period unless the program is:

(i)            an Australian C Drama; or

(ii)          a C program that is part of a non‑Australian mini‑series.

         (3)   For CTS 13 (1) (b), a licensee complies with this provision if the licensee:

                (a)    broadcasts in periods of at least 60 minutes:

                        (i)      on at least 2 days a week in the C band, to a total in each year of at least:

                                   (A)     104 hours; or

                                   (B)     for the licensee’s first year of broadcasting — the amount of hours worked out using the pro rata formula where Z is 104 hours; and

                         (ii)    at any time in the C band, to a total in each year of at least:

                                   (A)     156 hours; or

                                   (B)     for the licensee’s first year of broadcasting — the amount of hours worked out using the pro rata formula where Z is 156 hours; and

               (b)    in relation to any C program — does not broadcast more than 2 episodes of the program series during any 1 C period unless the program is:

(i)            an Australian C Drama; or

(ii)          a C program that is part of a non‑Australian mini‑series.

         (4)   In a licensee’s first year of broadcasting, the licensee must comply with CTS 13 (2) or (3) starting on the licensee’s broadcasting commencement day.

         (5)   If a licensee’s broadcasting commencement day is a Saturday in 2011 or a subsequent year, to comply with CTS 13 (3) (a) (i) the licensee must broadcast:

(a)       at least 60 minutes of C material on that day; and

(b)                  at least 60 minutes of C material on at least 2 days a week in the C band in each subsequent week.

CTS 14  Requirements that apply only to P material

         (1)   A licensee must broadcast P material in the P band for a period of at least 30 minutes every weekday.

         (2)   In a licensee’s first year of broadcasting, the licensee must comply with CTS 14 (1) starting on the licensee’s broadcasting commencement day.

CTS 15  Duration of classifications

         (1)   The classification of a program under these Standards, or the revoked Standards, expires 5 years after the date on which it was given or last renewed, unless the ACMA otherwise determines at the time of classification or renewal.

         (2)   On application in writing, the ACMA may at any time renew the classification of a C program or P program.

         (3)   The ACMA may revoke the classification if the ACMA considers that a C program or P program is not consistent with the representative sample on the basis of which its classification was granted or renewed.

         (4)   In CTS 15:

the ACMA includes a person or body appointed by the ACMA.

CTS 16  Provisional classification

         (1)   If a person submits a written proposal to the ACMA for:

(a)      a C program (other than an Australian C Drama) or a P program, accompanied by a pilot episode or by a presentation, in a format specified by the ACMA, indicating the nature of the program; or

(b)      an Australian C Drama;

the ACMA may classify the proposed program or the pilot episode or both as ‘provisional C’ or ‘provisional P’. A provisional classification of that kind will be granted if the ACMA is satisfied that the program will satisfy the criteria in CTS 6 for a C program or P program, and CTS 6 and CTS 17 for an Australian C Drama.

         (2)   On application in writing, the ACMA may, at any time, renew a provisional C classification or a provisional P classification.

         (3)   If the ACMA has classified a pilot episode of a proposed program as provisional C or provisional P, the pilot episode will be deemed to be a C program or P program as the case may be until the classification expires.

         (4)   In CTS 16:

the ACMA includes a person or body appointed by the ACMA.

CTS 17  Australian C Drama

         (1)   In these Standards, an Australian C Drama is a television program which meets all the following requirements:

                (a)    the program must be classified by the ACMA as a C program;

               (b)    the program must, in the opinion of the ACMA, be a fully scripted screenplay or teleplay in which the dramatic elements of character, theme and plot are introduced and developed so as to form a narrative structure;

                (c)    the program may include sketch comedy programs, animated drama and dramatised documentary, but may not include sketches within variety programs, or characterisations within documentary programs, or any other form of program or segment within a program which involves only the incidental use of actors;

               (d)    the program must, in the opinion of the ACMA, meet the requirements for an Australian program in the Australian Content Standard.

         (2)   A proposed Australian C Drama may be classified as meeting the requirements of CTS 17 if, in the opinion of the ACMA, the program will, when completed, comply with those requirements.

         (3)   If a proposed Australian C Drama is classified under CTS 17 (2), a copy of the completed program must be sent to the ACMA, in a format specified by the ACMA, within 1 month of completion.

         (4)   In CTS 17:

the ACMA includes a person or body appointed by the ACMA.

CTS 18  Obligation of a licensee to broadcast Australian C Drama

         (1)   A licensee must broadcast, in the C band, Australian C Drama in accordance with sections 12, 12A and 13 of the Australian Content Standard.

         (2)   For CTS 8(1), the hour value of a first release Australian C Drama is its duration under the Australian Content Standard.

CTS 19  Australia’s international obligations

         (1)   Subject to CTS 19 (2), a licensee’s obligations under these Standards relating to Australian content may be reduced by the extent to which the licensee broadcasts Australian official co‑productions, New Zealand programs or Australian/New Zealand programs.

         (2)   To reduce a licensee’s obligation under CTS 19 (1), an Australian official co‑production, New Zealand program or Australian/New Zealand program must satisfy the same requirements that an Australian program must satisfy under the relevant standards (except the requirement to be Australian).

         (3)   Australian official co‑productions, New Zealand programs and Australian/New Zealand programs are accorded treatment no less favourable than that allowed to an Australian C Drama under CTS 8 (3), CTS 8 (4), CTS 13 (2) (c), CTS 13 (3) (b), CTS 16 (1), CTS 20 (3), CTS 27 (1) and CTS 27 (2).

Note   In 1983, the Government of Australia and the Government of New Zealand entered into the Australia New Zealand Closer Economic Relations Trade Agreement (the CER). On 18 August 1988, the Government of Australia and the Government of New Zealand entered into a Protocol on Trade in Services to the CER, the scope of which covers the production of programs for television and the broadcasting of programs on television.

Section 16 of the Australian Communications and Media Authority Act 2005 requires that the Australian Communications and Media Authority perform its broadcasting, content and datacasting functions in a manner consistent with Australia’s obligations under the CER Trade in Services Protocol.

Australia has international obligations under official co‑production arrangements with other countries. Further information about these arrangements can be found at http://www.screenaustralia.gov.au.

For the purpose of meeting Australia’s obligations under these arrangements, these Standards:

(a)   allow Australian official co‑productions the full enjoyment of all the benefits accorded to Australian programs; and

(b)   allow New Zealanders and services provided by New Zealanders access to the Australian market for television programs no less favourable than that allowed to Australians and services provided by Australians; and

(c)   in like circumstances, treat New Zealanders and services provided by New Zealanders no less favourably than Australians and services provided by Australians.

Part 3                 Requirements relating to protection of children

CTS 20  Program promotions and station identifications

         (1)   Subject to CTS 27 (2), each 30 minutes of a C period may contain no more than 1 minute of G classified program promotions and station identifications.

         (2)   Only C programs, P programs, G programs and coverage of sports events suitable for viewing by children may be promoted during any breaks immediately before, during or immediately after C programs or P programs.

         (3)   In addition to the program promotions permitted by CTS 20 (1) and CTS 27 (2), voice‑over announcements promoting C programs may be made during the end credits of C programs.

CTS 21  Non‑program material other than news

                Subject to CTS 27 (2), each 30 minutes of a C period may contain no more than 7 minutes in total of:

(a)      advertisements broadcast in accordance with CTS 26 to CTS 36 (inclusive); and

(b)      program promotions and station identifications broadcast in accordance with CTS 20 (1); and

(c)      G classified community service announcements.

CTS 22  News flashes and announcements

                A C period or a P period must not be interrupted except for the broadcast of a news flash or announcement which cannot, in the public interest, be delayed until completion of the C period or P period.

CTS 23  Actual times falling short

                If, during the last 30 minutes of a C period, the total time occupied by C programs and breaks permitted by these Standards is less than 30 minutes but more than 25 minutes, the difference may be made up by G programs (including a part of a G program) which, as far as practicable, meets the criteria in CTS 6.

CTS 24  Prizes

         (1)   No prizes may be offered or given during a P program.

         (2)   In C programs which involve the giving or offering of prizes:

(a)      the presenter may not recommend or endorse a product or service which is presented as a prize, nor encourage children to buy it;

(b)      if the prize is not a cash prize, the price or value of the prize may not be mentioned; and

(c)      any description by the presenter should be only to clarify the nature of the prize.

CTS 25  Unsuitable material

                No material broadcast during a C period or P period may:

(a)      demean any person or group on the basis of ethnicity, nationality, race, gender, sexual preference, religion, or mental or physical disability; or

(b)      present images or events in a way which is unduly frightening or unduly distressing to children; or

(c)      present images or events which depict unsafe uses of a product or unsafe situations which may encourage children to engage in activities dangerous to them; or

(d)     advertise products or services which have been officially declared unsafe or dangerous by a Commonwealth authority or by an authority having jurisdiction within the licensee’s licence area.

CTS 26  Advertisements

         (1)   Only G classified advertisements which also meet CTS 25, and CTS 30 to CTS 36 (inclusive), may be broadcast during C periods.

         (2)   No advertisements may be broadcast during P periods.

         (3)   The requirements of CTS 26 are in addition to the requirements of the Commercial Television Industry Code of Practice.

CTS 27  Maximum advertising time

         (1)   Except during a C period in which an Australian C Drama is broadcast, each 30 minutes of a C period may contain no more than 5 minutes of advertisements.

         (2)   During a C period in which an Australian C Drama is broadcast, the maximum amount of advertisements, program promotions, station identifications and community service announcements is 6 minutes and 30 seconds per 30 minutes.

CTS 28  Separation of advertisements and sponsorship announcements

                During C periods, advertisements and sponsorship announcements must be clearly distinguishable as such to a child viewer. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.

CTS 29  Repetition of advertisements

                During any 30 minutes of a C period a licensee may broadcast the same advertisement no more than twice.

CTS 30  Content of advertisements

         (1)   No advertisement may mislead or deceive children.

         (2)   Nothing in these Standards is to be taken to limit the obligation imposed by CTS 30.

CTS 31  Pressure in advertisements

         (1)   A licensee may not broadcast any advertisement designed to put undue pressure on children to ask their parents or another person to purchase an advertised product or service.

         (2)   No advertisement may state or imply:

(a)   that a product or service makes children who own or enjoy it superior to their peers; or

(b)   that a person who buys an advertised product or service for a child is more generous than a person who does not.

CTS 32  Clear presentation

         (1)   Advertisements must accurately represent the advertised product or service.

         (2)   Claims made in advertisements must not be ambiguous.

         (3)   Advertisements in which children are depicted using products (including toys and games) must fairly represent the performance which a child, of the age depicted, can obtain from those products.

         (4)   If the size of the product is not clear in an advertisement it must be made clear by reference to something which a child can readily recognise.

         (5)   If accessories (for example, batteries, transformers or doll’s clothes) are needed to operate or enjoy a product depicted in an advertisement then:

(a)   this must be able to be clearly understood by children; and

(b)   reference to price must clearly differentiate between the price of the product and the price of any accessories.

         (6)   Prices, if mentioned, must be accurately presented in a way which can be clearly understood by children, and must not be minimised by words such as ‘only’ or ‘just’.

         (7)   An advertisement for a food product may not contain any misleading or incorrect information about the nutritional value of that product.

CTS 33  Disclaimers and premium offers

         (1)   A disclaimer must be presented conspicuously.

         (2)   An advertisement that contains a premium offer:

(a)   must not make reference to the premium in a way that is more than merely incidental to the reference to the advertised product or service; and

(b)   must not stimulate any unreasonable expectation of the product or service offered; and

(c)   must clearly set out any conditions that must be met before the premium may be obtained.

Example   If an advertisement advertises a product that has both food and non‑food components, and the non‑food component is a premium, the reference to the non‑food component must be merely incidental to the reference to the food component.

         (3)   For CTS 33 (2) (a), the following matters are relevant in the consideration of whether a premium offer is merely incidental:

(a)   the amount of time devoted to the premium offer compared to the amount of time devoted to the product or service being advertised;

(b)   the way in which pictures, text or moving images are used to promote the premium offer;

(c)   the way in which sound is used to promote the premium offer.

CTS 34  Competitions

                If competitions for children are referred to in programs or advertisements:

(a)   a summary of the basic rules must be stated; and

(b)   any statement about the chance of winning must be clear, fair and accurate.

CTS 35  Promotions and endorsements by popular characters

         (1)   No material broadcast during a C period or P period, or in the break immediately before or after a C period or P period, may contain an endorsement, recommendation or promotion of a commercial product or service by:

(a)   a principal personality or character from a C program or P program; or

(b)   a popular program character or popular movie character; or

(c)   a popular cartoon, animated or computer generated character; or

(d)   a popular personality; or

(e)   a licensed character; or

(f)   a proprietary character.

Note 1   Popular personality includes well known sporting and music personalities.

Note 2   Licensed character and proprietary character are defined in CTS 5 and include characters from fiction, television, movies, etc.

         (2)   CTS 35 (1) does not apply to an advertisement:

                (a)    if:

(i)            the advertisement depicts a commercial product or service in the form the product or service is usually offered for sale; and

(ii)          no endorsement, recommendation or promotion of the commercial product or service is provided by way of voice‑over, animation or any other means by a character or personality mentioned in CTS 35 (1); or

               (b)    if:

(i)            the advertisement contains an endorsement, recommendation or promotion of a commercial toy or game; and

(ii)          the endorsement, recommendation or promotion is made by a character mentioned in CTS 35 (1); and

(iii)        the character is represented in the toy or game.

         (3)   An advertisement during a C period may use a character or personality mentioned in CTS 35 (1) to endorse, recommend or promote a non‑commercial product or service if the advertisement:

(a)   contains only generic statements about nutrition, safety, education or like matters; and

(b)   is suitable to be contained in a children’s program described in CTS 6.

CTS 36  Advertising of alcoholic drinks

         (1)   Advertisements for alcoholic drinks may not be broadcast during a C period.

         (2)   No advertisement or sponsorship announcement broadcast during a C period may identify or refer to a company, person, or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice.

(3)     No advertisement for alcoholic drinks may be broadcast during:

(a)      a program which has been classified by the ACMA, or a person or body appointed by the ACMA for that purpose, as a program which meets the criteria of suitability for a C program under CTS 6 (1) or the criteria of suitability for a P program under CTS 6 (2), and which is broadcast outside a C period or P period; or

(b)      a break immediately before or after a program referred to in CTS 36 (3) (a).

(4)     No advertisement or sponsorship announcement broadcast during a program referred to in CTS 36 (3) (a), or in a break immediately before or after such a program, may identify or refer to a company, person or organisation whose principal activity is the manufacture, distribution or sale of alcoholic drinks. This requirement is in addition to the requirements of the Commercial Television Industry Code of Practice. 

 


Notes to the Children’s Television Standards 2009

Note 1

The Children’s Television Standards 2009 (in force under subsection 122 (1) of the Broadcasting Services Act 1992) as shown in this compilation is amended as indicated in the Tables below.

Table of Instruments

Title

Date of FRLI registration

Date of
commencement

Application, saving or
transitional provisions

Children’s Television Standards 2009

8 Sept 2009 (see F2009L03416)

Div. 1 of Part 1: 9 Sept 2009
Remainder: 1 Jan 2010

 

Children’s Television Standards Variation 2011 (No. 1)

21 Dec 2011 (see F2011L02768)

22 Dec 2011

Children’s Television Standards Variation 2014 (No. 1)

30 Sept 2014 (see F2014L01311)

24 Dec 2014

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 1

 

Heading to Div. 1.................

rep. 2011 No. 1

CTS 2.....................................

am. 2014 No. 1

CTS 3.....................................

rep. 2011 No. 1

Heading to Div. 2.................

rep. 2011 No. 1

CTS 5.....................................

am. 2011 No. 1, am. 2014 No. 1

CTS 5A..................................

ad. 2011 No. 1

CTS 5B..................................

ad. 2011 No. 1

Part 2

 

CTS 6.....................................

rs. 2014 No.1

CTS 8.....................................

am. 2011 No. 1, rs. 2014 No. 1

CTS 9.....................................

am. 2011 No. 1, rs. 2014 No. 1

CTS 10...................................

am. 2011 No. 1, rep. 2014 No. 1

CTS 11...................................

am. 2011 No. 1, rep. 2014 No. 1

CTS 12...................................

am. 2011 No. 1, rep. 2014 No. 1

CTS 13...................................

am. 2011 No. 1, am. 2014 No. 1

CTS 14...................................

rs. 2011 No. 1

CTS 18...................................

am. 2014 No. 1

CTS 19...................................

am. 2014 No. 1

Part 3

 

CTS 36...................................

am. 2014 No. 1