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Conclusion - PHD - Terry Flew
Conclusion - PHD - Terry Flew
Conclusion - PHD - Terry Flew
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Chapter Eight
Conclusion
understand the institutional and policy frameworks through which creative and
cultural practice occurs. In this thesis, I have been particularly interested in the
structures of government and the corporate sector. I have also argued that
application of such a problematic to the media introduces issues that did not
Australia in the 1990s. One of these has been the particular nature of privately
owned broadcast media as a form of ‘soft property’, and the resulting ambiguities
such as those around Australian content. The thesis has also analysed the
particularly in countries such as Australia that are especially open to content from
The second proposition that I have demonstrated in this thesis has been the
policy. It was argued in Chapter One that citizenship discourses emerged out of
the ‘public trust’ aspects of spectrum ownership, as well as the public nature of
communications using broadcast media and their impact upon the formation of
national and cultural identities. It was stressed that citizenship concerns were not
exclusively associated with public broadcasting, but arose from both the public
element that stresses the right of public participation in decisions affecting the
lives of citizens in a democratic society; and a national element that concerns the
democracies, it is apparent that the freedom of citizens has been premised upon
governmental authority, or what has variously been termed the ‘participation gap’
building states to establish linkages between polity and culture within defined
national territories.
The third proposition that I have presented in this thesis has been that,
settlements in Australian broadcast media, there have at the same time been policy
changes, and associated forms of policy activism, that have given distinctive
policy formation, the Australian Broadcasting Tribunal sought to use the licence
renewal process as the basis for an open-ended engagement between the public as
While such initiatives came to grief fairly quickly, they nonetheless promoted
more organised, collective and focused forms of media policy activism, that were
effectively mobilised in the 1980s around the ABT’s inquiry into the
In the 1990s, with the passing of the Broadcasting Services Act, such
activism by public interest and media advocacy groups was to some extent
competition and new services sought by the drafters of this legislation was
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environment and new service providers such as the pay TV sector faced policy-
induced obstacles. Moreover, accusations existed that the new forms of regulation
had failed to govern enough, as indicated by the concerns raised about so-called
with the passing of new laws in the areas of censorship and program
classification. The balance between ‘too much’ and ‘too little’ governance
occurred under the shadow of international trade agreements such as the General
exporter, but also as a result of the ‘free trade consensus’ that had consolidated in
Australian public policy since the 1970s, as the culture of ‘protection all round’
(Emy 1993) has been eschewed in favour of policy settings that promote a more
has been pursued more strongly by Labor governments since the 1970s, which
may reflect the ‘heretical’ view of the Australian Labor Party as the party most
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likely to promote comprehensive economic reform on the basis of its lack of ties
This thesis will conclude with consideration of three current issues that
impact upon the analysis developed in this thesis. First, there is a discussion of the
most sustained use of the competition policy framework to critique the regulatory
quid pro quos that it believes have governed Australian broadcasting policy, and
from the diverse range of policy discourses and policy cultures through which
services industry. Further research questions arising from the analysis developed
in this thesis are also considered, around the nature of global media markets,
media policy was a worldwide trend in the 1990s, as the focus of regulation
It was argued in Chapter Six that the Broadcasting Services Act 1992 was
In that light, the decision of the Federal Treasurer, Peter Costello, to ask
operations of the Broadcasting Services Act 1992 and related legislation, was a
very important one. Under the Terms of Reference of the Inquiry, the
1999: xii).
It was also required to consider broadcasting legislation in light of both its own
guidelines under the Productivity Commission Act 1998, and the broader
governments in 1995. Of most significance was the requirement, under the CPA,
that ‘any legislation that restricts competition should be retained only if the
benefits to the community as a whole outweigh the costs and if the objectives can
complex, contrary to competition policy and other public policy principles, and an
technological convergence and new media services. In particular, it found that the
broadcasters to various sports events. The argument that entry restrictions were a
anti-competitive arrangements:
All industries must meet the requirements of various codes, standards and
319)
Australian broadcasting policy, leaving ‘a legacy of quid pro quos [that] has
perpetuating these quid pro quos, or what has been described in this thesis as the
social contract between broadcasters, regulators, the production sector and public
interest groups, were strengthened by two related arguments. The first was the
such regulatory arrangements (eg. SPAA 1999), the independent production sector
actually got very little from the arrangement in comparison with the broadcast
production industry groups such as SPAA, ASDA, the Australian Writers Guild
and the MEAA, that unequal bargaining power between the broadcast networks
and the content production industry had led to program licence fees remaining
static through the 1990s, in spite of high industry profitability and station licence
values Second, the Commission noted that the $105.1 million spent by commercial
broadcasters on the program areas that are governed by content quotas - Australian
cent of the broadcasters’ total expenditure of $1.94 billion in 1996/97. This cost
extension of quid pro quo arrangements into the digital broadcasting environment.
The plan developed by the Australian Federal government for the transition to
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simulcasting until 2008, set restrictions upon the development of datacasting and
interactive services, and extended the prohibition upon new commercial broadcast
licences until 2006, was seen by the Commission as anti-competitive and deeply
broadcasters into a media domain that was likely to be profoundly different, the
2000: 256). The current conversion plan was believed to generate outcomes which
It is not the time to add more quid pro quo bricks to the wall, but to take
impact upon the conduct of broadcast media policy in Australia. The Liberal-
Television and Datacasting) Bill 2000 was passed in June 2000 with minor
develop multichannel services, but with the three-station rule and strict limits on
was a failure. Noting that the Productivity Commission defined its role as an
that it has ‘the luxury of the long view’, and that its reports ‘are not be judged in a
Broadcasting has forced on to the debate cultures of broadcast media policy is the
competition in the broadcasting sector. To this end, the Commission used the
of urgency to these questions, and to lever dissatisfaction with the status quo.
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Audiovisual Services
and 1990s had contradicatory impacts. It stimulated investment and growth in the
Wars: The Phantom Menace and Mission: Impossible II. At the same time,
organisations such as the Australian Film Commission and the Film Finance
Corporation have expressed concerns that ‘ownership and control of the film and
shrinking number of global corporations which have the market power and
international reach to reap the benefits of the digital revolution’, and that the
‘industry’ aspects of film and TV production were being uncoupled from their
WTO.
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These tensions are likely to intensify over the next decade. The free trade
industries benefit from free international trade and because policies of domestic
defence for manufacturing are seen to have failed, but also because many
either because they are significant exporters in these sectors (eg. education or
strong and politically bipartisan support that has existed for cultural policy
instruments for building national cultural citizenship, and it is likely that articles
of the GATS and adjudications of the WTO that threaten such arrangements
In this context, the question of regionalism has also become more, not
hostile nature of the Project Blue Sky case stemmed not so much from the actual
audiovisual markets, but rather from a fear that any dismantling of local content
It has been argued in this thesis that, as the overwhelmingly dominant partner in
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such trade relations, Australia has little to fear from trans-Tasman trade
liberalisation if it is not the ‘thin end of the wedge’ for abandoning local content
position from which both Australia and New Zealand can strengthen the focus
multilateralism per se, that is not consistent with the economic dynamics of the
The phenomena of digitisation and convergence are, as has been widely noted, the
industries and services (Miles 1997; Barr 2000). In the early twenty-first century,
the move that is taking place from the convergence of IT, telecommunications and
convergence extend into the entire services sector, including financial, retail,
community, health and education services (CSM 1999: 5-6). Such convergence is
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Communications, Information Technology and the Arts (DCITA) has noted some
Table 8.1
the domestic market. By contrast, convergent service industry models are seen as
content outcomes through the regulation of industry and market structures may be
les applicable than they have been in the period from the 1960s to the present.
The central policy issues arsing from convergence for broadcast media
policy so far have been the conversion from analogue to digital television, and the
widely considered in the United States and Britain (Advisory Committee 1998;
Firestone and Garmer 1998; Graham 1998). Two conclusions are apparent from
this literature. The first is that rules-based interventions such as Australian content
or children’s programming quotas are likely to be less effective over time, and
development of new types of service; the more that efficiencies in spectrum use
lead to new types of service, such as themed channels, datacasting and pay-per-
view, the less relevant content-based rules will become. Second, the significance
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broadcasting sector, becomes more rather than less significant in the digital media
environment, even if it is also the case that more channels and services enhance
viewer choice. Graham (1998) argues that issues relating to gaps in the broadcast
rather than formal rules regulated by government agencies, because the effective
international trade law and media convergence in terms of their impact upon
domestic broadcast media policy. The OECD envisages that that ‘with the
needs to play a much greater role in the regulation of audiovisual content’ (OECD
1999: 12), while international trade theorists argue that the international
trade policies and domestic competition policies will ‘emerge as one of the major
new issues on the trade policy agenda in the years ahead’ (Trebilcock and Howse
1995: 124). While the Productivity Commission chose not to refer to international
trade agreements in its Final Report, Recommendation 11.4 of its Report for an
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completed by 2004 explicitly refers to the problems likely to arise with current
new services:
policy approach should be developed - one which will not impede future
The powerful forces of national competition policy, international trade law and
regulations, untenable. At the same time, an important lesson of the 1990s was
that claims about the immanent ‘death of broadcasting’ can be premature (Given
heavily across new media from their base in ‘old’ media. Moreover, for all the
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bright talk about media abundance and networked interactivity, there remain
major unresolved questions concerning culture, citizenship and the role of public
policy in Australian television. The three major issues that remain unresolved are:
disciplines under the GATS that set limits upon the capacity to use
production;
A further issue arises about the politics of media reform. It has been argued in this
thesis that the ‘public trust’ doctrine of commercial broadcasters’ use of the public
airwaves provided the basis for ongoing activism in the policy process by media
reform and advocacy groups, particularly in the 1970s and 1980s. Such capacity
for intervention by organised interest groups was diluted significantly with the
Broadcasting Services Act 1992, but it is apparent that such legislation been
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A major policy issue is how promote Australian content across all sectors
of Australian television in ways that are not premised upon the regulation of
market entry into the commercial free-to-air broadcasting sector. Strategies are
needed for the production and distribution of local content that do not hinge upon
technologies and services, and which are not at odds with national goals of
producers (Aisbett, 1999). In this light, it may be worth having another look at
schemes to support local production that are not premised upon a binary
sector, and to consider how local production can be stimulated by subsidies and
financial incentives as well as quotas. There is also a major need to consider the
current and possible future roles of national public broadcasters in the sustaining
attention.
Among the many issues arising from this study, five questions can be identified as
requiring further research. One is the nature of media and cultural markets, and
both domestically and internationally, in these sectors. It has been observed in this
thesis that, while there exists an important body of literature that seeks to analyse
the nature and dynamics of the cultural industries, there also exists a strong
leading social-democratic theorists such as Hugh Stretton (1987) and Alec Nove
Wherever they work as they should, especially where they work without
highly: the Left has such necessary tasks for government, and so much to
shift in cultural policy away from the subsidisation of the arts and artists, towards
the most of other people’s talent and creativity. In creative industries, large
While this way of thinking has not yet strongly developed in broadcasting, it is
very much characteristic of ‘new economy’ areas of the cultural sector, such as
games, software and Web site development. A convergence between these modes
Industries Task Force developed in Britain in 1998. The Task Force, developed by
the UK Ministry of Culture, Media and Sport, links television, radio and film in
with a diverse range of industry sectors, ranging from other areas of media such
Task Force 1998). It is also consistent with the move towards digitisation and
platforms, and policies towards the content industries are likely to differ from
Future research will also have to engage not only with the
internationalisation of media industries and media markets, but also with the
between competition policy, international trade law and media convergence that
are moving media regulation away from frameworks that are national, sector-
specific and discretionary, towards frameworks that are generic, compatible with
international trade law and legally binding. Such trends can be seen as pointing
policies and regulatory frameworks are developed with at least one eye on their
multilateral trade agreements such as the GATS may have less to do with the
the existence of the GATS framework will shape future forms of broadcasting
regulation. It is in this respect that the proposal to shift GATS negotiations from a
approach, where compliance with the GATS framework exists unless specified
consideration. It has been argued that citizenship is both a political and a cultural
individuals become part of a society that provides certain rights in exchange for
particular obligations, but where there are ongoing processes, that are primarily
national citizenship and questions of national culture, there has been considerable
analysis of the role played by media in such processes of identity formation. Work
on the role played by print media in the formation of nations, histories of public
important role in clarifying the issues involved in the relationship between media
and citizenship.
where there is strong congruence between culture and polity, is not an experience
accounts developed from the metropolitan centres tend to overstate the crisis of
television cultures has always occurred, as Tom O’Regan observes, ‘at the
context where ‘limited and shared sovereignty is nothing new’ (O’Regan 1993:
xiv, 101). ‘Settler’ or ‘new’ countries such as Australia have been characterised by
the national culture and notions of citizenship and identity. Debates about the
The relationship between media and political citizenship has not been
citizenship (eg. Heater 1990; Davidson 1997) has been reluctant to attribute any
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This is in spite of the awareness in the field that the ‘ideal’ models of citizenship
are, in complex, modern and industrialised societies, ‘mediated’ not only through
citizens. Within media studies, the debate has too often been polarised between a
which fearlessly and wisely serves civil society and the public sphere. This thesis
simply in terms of their reach to wide sections of the population, but in terms of
how the policy and regulatory frameworks within which they operate influence
An issue that has been an animating concern of this thesis has been
whether broadcast media audiences as citizens have rights in shaping the conduct
organised and facilitated through the media policy formation process. In the early
2000s, such questions are asked in the context of technological, structural and
policy shifts that may mean the gradual demise of the one-to-many modes of
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agencies. It has been agued in this thesis that, while the parameters in which such
issues are addressed have changed as the conditions underpinning the ‘social
have changed, the concerns that motivate the formation of such institutional
across a range of program genres and delivery platforms; and the capacity for
citizens to have input into the uses of media as influential public resources.
A final issue raised in this thesis has been the relationship of intellectuals
to the media policy process. The cultural policy studies debate in Australia in the
1990s made a series of telling points about the importance of media and cultural
reformist cultural politics, which has been the historical focus of media and
cultural studies. It has been argued in this thesis that such interventions were also
state agencies, community and public interest organisations, and media and
public policy debates that would affect cultural and creative practice in Australia.
An important observation made in this thesis has been that the traditional
equally important trigger of thinking about media and cultural policy in Australia
was the need to devise new advocacy strategies for policies that support a national
developments. The first is digitisation and convergence, and the ways in which
broadcast media will lose its distinctiveness, and become part of a spectrum of
user-pays access to content and services, and the uncoupling of content and
concerns will shift from protectionist measures such as content quotas, towards
measures to stimulate innovative local content across delivery platforms that cater
for the commercial sector in the creation and delivery of cultural content. It has
been argued in this thesis that dichotomies between the commercial and state-
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the Internet, and what John Hartley (1999) has termed a trend towards ‘D-I-Y
trends do come to pass, intellectuals and policy activists will be less able to speak
structural change, the contribution of academics to the debate cultures that inform
Australian broadcast media policy will continue to be important, and the role
activism in the broadcast media sector provides useful signposts for such
engagements.
1
Support for a ‘cultural exemption’ or an equivalent initiative would involve Australian trade negotiators taking a
position that was in opposition to the United States - a position that is not characteristic of Australia’s international
diplomatic history - and aligning itself with countries with which it has not had historically strong ties, such as France and
Canada. An Australian alignment with France is particularly unlikely in light of past opposition to French nuclear testing in
the South Pacific, while the European Community’s Common Agricultural Policy is of particular concern to Australia as a
leading agricultural exporter and founder of the ‘Cairns Group’ of nations seeking liberalisation of world agricultural trade.
2
The election of a Labor government in New Zealand in 2000 has promoted a rethink of previous policies of
dismantling all forms of national cultural protection, and there is discussion about the possibility of reintroducing some for
of local content quotas. A problem will, however, be the fact that New Zealand has previously signed away the right to such
exemptions from the disciplines of the GATS (Lealand 2000).
3
In the United States, commercial free-to-air broadcasters are obliged by the FCC to broadcast three hours of
children’s programming. It has often been noted that compliance with this rule is frequently poor, often involving adding on
educational materials to cartoons and sports programs (Geller, 1998).