SBS Editorial Guidelines 2006 (2008 updated)

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Editorial guidelines for SBS producers.

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  • SBS EDITORIAL GUIDELINES 2006

    (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

    SBS Editorial Guidelines 2006 1/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • CONT EN TS

    1 INTRODUCTION 2 EDITORIAL RESPONSIBILITY 2.1 Introduction 2.2 Delegation 2.3 Upward referral 2.4 Management and employee responsibility 2.5 Editorial issues in SBS Radio 2.6 Editorial issues for Online content 3 LEGAL RESPONSIBILITY 3.1 Introduction 3.2 Training and information 3.3 Upward referral 3.4 Online content 4 CONFLICT OF INTEREST 4.1 Introduction 4.2 Definitions and situations 4.3 Financial conflict of interest 4.4 Radio producers 5 COMMERCIAL RELATIONSHIPS 5.1 Maintaining editorial independence 5.2 Scheduling programs 5.3 Program purchases 5.4 Program production funding 5.5 Advertising, sponsorship and SBSs own promotions 5.6 Placement of breaks in SBS television programs 5.7 Corporate support: opportunities, limitations and acknowledgement 6 COMMUNITY ANNOUNCEMENTS ON SBS RADIO 6.1 Introduction: social, cultural, welfare and educational events 6.2 Fundraising 6.3 Personal announcements 6.4 Government information campaigns 7 SUPPLY OF SBS PROGRAM MATERIAL TO THIRD PARTIES 7.1 Introduction 7.2 Commercial and private use 7.3 Contentious material 7.4 Program-related material on the website 7.5 Requests for non-SBS programming 7.6 Variations 8 HANDLING PROGRAMMING COMPLAINTS, COMMENTS AND ENQUIRIES 8.1 Introduction 8.2 Coordination of complaints handling 8.3 SBS complaints handling procedure 8.4 Complaints committee 9 HANDLING CORRESPONDENCE AND FEEDBACK GENERALLY 9.1 Introduction 9.2 Telephone calls 9.3 Written correspondence 9.4 Privacy 10 ADVICE ON THE CODES OF PRACTICE AND EDITORIAL GUIDELINES 10.1 Strategy and Communications 10.2 Legal APPENDIX A: SBS Code of Conduct

    SBS Editorial Guidelines 2006 2/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 1 INTRODUCTION The SBS Editorial Guidelines are integral to program making. They should be read in conjunction with the SBS Codes of Practice. At every point in the production process decisions are made: what to report, produce and commission. Then there are the underlying checks and balances that determine sound decision-making: editorial impartiality and responsibility, legal considerations and potential conflicts of interest. Finally, there are the procedures for responding to formal and informal program complaints. These Editorial Guidelines are the mechanism for good broadcasting. They ensure that SBS follows a model of transparency and integrity, upholds its Charter obligations, and meets its audiences expectations. The Guidelines have been revised to reflect industry changes, such as the advance of SBS Online content and the modification of SBS Televisions program break structure. The Guidelines, which are primarily for SBS program makers and content producers, are intended to provide information and points of reference to help them exercise their professional judgement at crucial junctures in their work process. Perhaps the most fundamental principle is upward referral. In other words When in doubt, refer the issue to the next level of authority for guidance. If you have any queries regarding the Codes or Guidelines, feel free to approach the Strategy and Communications division to seek advice. At all times, the overriding obligation of all program makers and content providers is to ensure SBSs editorial integrity and independence. Shaun Brown MANAGING DIRECTOR

    SBS Editorial Guidelines 2006 3/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 2 EDITORIAL RESPONSIBILITY 2.1 INTRODUCTION SBS is subject to the provisions of the Special Broadcasting Services Act, 1991 (SBS Act), including the Charter (in section 6 of the Act), the general law relating to broadcasting, the Commonwealth Authorities and Companies Act 1997 and SBSs own Codes of Practice (programming policies). As part of our compliance with these rules, we must ensure that SBSs commercial activities do not compromise SBSs editorial integrity and independence. Decision makers in the editorial process who are uncertain about these matters must be able to obtain advice from higher up the editorial chain of responsibility. 2.2 DELEGATION The Board is responsible for SBS, but is not involved in day-to-day operations. The Managing Director, who is a Board member, is responsible to the Board for managing SBS and for the editorial output of the organisation. The Managing Director delegates various levels of responsibility to employees. 2.3 UPWARD REFERRAL Employees are responsible for referring to the next level of authority any matter on which they need guidance. Areas where an employee may need guidance could include: program material which could breach the SBS Codes of Practice; situations of potential conflict of interest; or circumstances in which an employee is faced with inappropriate pressure related to what is or is not broadcast on SBS. Upward referral protects individuals and enables SBS to allocate appropriate resources for dealing with important and sensitive issues. Employees who have editorial responsibility are expected to exercise that responsibility on a day-to-day basis. Where someone presenting, producing, acquiring or commissioning a program is in doubt about an editorial question, he or she must refer it to the next most senior person. If the employee does not refer the matter, he or she is held responsible for the decision. Programs which are controversial or likely to have an out of the ordinary impact in the community must automatically be referred up. Editorial matters which may have legal implications must be referred to the SBS Corporate Counsel through managers with editorial responsibility (see Guideline 3 Legal Responsibility). Where the legal advice is that SBS would be at high risk if particular material were broadcast (i.e. there is a low prospect of successfully defending subsequent legal action), regardless of other considerations the material should not go to air until the matter has been referred to at least the relevant division director or delegate. 2.4 MANAGEMENT AND EMPLOYEE RESPONSIBILITY Management is responsible for ensuring that: delegations are appropriate; there are procedures to deal quickly and efficiently with editorial matters; employees are made aware of the editorial procedures that apply to them; editorial procedures are publicised within the workplace; and any changes to procedures and delegations are quickly and clearly communicated to

    employees. Employees are responsible for ensuring that they understand the editorial procedures and for seeking clarification as necessary.

    SBS Editorial Guidelines 2006 4/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 2.5 EDITORIAL ISSUES IN SBS RADIO 2.5.1 Introduction SBS Radio producers have a responsibility to be sensitive to the wishes and needs of all sections of the community or communities which make up their potential audiences. In doing so, they should reflect their community or communities role in Australias multicultural society, and draw from their diverse range of community perspectives. At times, SBS Radio language programs will cover controversial issues which have the potential to create tensions within the community. The Codes of Practice and the following associated principles must be followed: Balance and objectivity are essential. Every effort must be made to present differing sides of an issue in a fair and balanced

    manner and to ensure balance is achieved where possible within the same program and certainly over a reasonable time. This should also include views from other communities where relevant.

    It may be that the overwhelming majority of a target audience for a particular language program has a strong view on a controversial issue. Producers still have an obligation to make a balanced presentation.

    Information must be truthful and not distorted to justify any particular position. It must reflect equitably the relevant facts and significant points of view, and deal fairly and ethically with all parties concerned.

    Producers must be aware of potential conflicts of interest and not present a personal bias or partisan approach (refer to Guideline 4 Conflict of Interest).

    Producers must ensure that their programs do not become, or are not used by individuals or organisations as vehicles for inflaming community tensions.

    2.5.2 Right of reply In some cases it may be appropriate for SBS to provide a right of reply (e.g. where an individual or group has been directly criticised). Where producers intend to decline such a request, the matter should be first referred up, in line with normal practices of editorial responsibility. The content of any reply is the prerogative of SBS. 2.5.3 Coverage of international conflicts Coverage of conflicts involving the homelands of different sections of SBSs audiences has the potential to create tension. SBS Radio has a responsibility to cover such conflicts. To reduce the potential for arousing community tension, SBS Radio will: anticipate, if possible, potential problem areas; apply the resources of SBSs News and Current Affairs to ensure that the issues and

    events are dealt with comprehensively and in line with SBS programming policies and practices; and

    take particular care in selecting material drawn from homeland sources in and around the areas of conflict.

    2.5.4 Rallies SBS may cover public rallies as news stories and facilitate discussion of the central issues. Such rallies must not be promoted (i.e. encourage attendance, convey support, give attention to or give details of the event beyond its newsworthiness). News stories may contain details of rallies but they must not convey that SBS supports or opposes the rallies. 2.5.5 Use of overseas and non-SBS sources In providing audiences with information about world events, SBS relies on many sources, including: the SBS newsroom; major international news agencies; national news services; news bulletins and current affairs programs provided by overseas broadcasters; newspapers and journals published overseas and in Australia; the Internet; and stringers and other contacts.

    SBS Editorial Guidelines 2006 5/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • Producers are expected to use their contacts, knowledge and expertise to check sources for accuracy and reliability. Producers are obliged to assess news items objectively, from whatever source. Material from other media outlets or publications should be attributed to the relevant source/s. Attributing a story to another source does not relieve producers of responsibility to use their special knowledge and good judgement in assessing the accuracy and fairness of a story. Attribution to another news service is not needed when SBS can source a fact or statement directly to a named organisation or to an identified person such as an official or politician. This applies when using grabs from statements, speeches and press conferences, provided that only the words of the subject are used and not those of a reporter or interviewer. Where producers are unsure about whether or not they have the right to use any non-SBS material, they should refer the matter up. In some cases it may be necessary to seek legal advice. 2.5.6 Talkback Talkback programs on SBS Radio provide a forum for the exchange of community opinion and offer unique opportunities for people from culturally and linguistically diverse backgrounds to: express themselves on-air in their preferred languages; seek clarification about accessing government and other services; and question experts. In choosing studio guests for talkback programs, producers should ensure they comply with procedures on the presentation of controversial issues (including Guideline 2.5.3) as well as the guideline on Commercial Relationships (Guideline 5.1). 2.5.7 Religion Consistent with the Codes of Practice (Code 1.6), SBS must be sensitive in dealing with issues of religion. SBS must be, and must be seen to be, impartial in its treatment of the many religions which are practised in Australia. Most programs serve audiences comprising followers of several religious faiths and it may be appropriate for those religions to receive more attention in those programs than other religious denominations. SBS is a national broadcaster with a legislative Charter and its programs must have an identity which is independent of any particular religion or religions. For this reason, SBS Radio will normally treat religion in the same way as other aspects of society. Particular care must be taken when: selecting representatives of religious faiths for interview; providing airtime for religious faiths; and broadcasting religious services. SBS will not broadcast religious services, sermons and/or pronouncements unless there are exceptional circumstances, which may make the service particularly newsworthy. Any proposals must be approved by management on a case by case basis. Management must be satisfied that: there is a clearly demonstrated and overwhelming need for the programming; listeners who may practice other religions are catered for appropriately and not

    disadvantaged by the broadcast of the service, sermon or pronouncement; there are no other ways in which listeners can adequately access services of that faith;

    and there is no likelihood that the service, sermon or pronouncement will denigrate another

    religion.

    SBS Editorial Guidelines 2006 6/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 2.6 EDITORIAL ISSUES FOR ONLINE CONTENT 2.6.1 Introduction SBS follows the Codes of Practice in the selection and creation of online content produced by SBS and published on SBSs website (on the domain www.sbs.com.au) in so far as they apply to online content. (The five minutes per hour advertising limit, for example, is not applicable.) However, there are some issues of particular relevance to online content that require additional guidelines. 2.6.2 User-generated content There are many different kinds of user-generated content on the Internet (e.g. web based chat forums, virtual environments, bulletin boards etc.) that SBS may choose to host that are related to its programming or Charter objectives. User-generated material must be subject to moderation. Sites dealing with sensitive areas may require pre-moderation. That is, material cannot be accessed by visitors until someone with editorial authority has seen the material and decided it is suitable for placing on the Internet. The level of hosting and moderating will depend on an assessment of the likely participants and audience. Less sensitive areas may require post-moderation, where the moderator checks the material after it has been posted. In all cases, SBS has editorial control over content and will remove anything that it considers to be inappropriate (e.g. material that is offensive, leaves SBS open to possible legal action, etc.). Areas of the SBS website where there are opportunities for user-generated content must carry disclaimers to the effect that the comments posted are the opinions of the author and not SBS. 2.6.3 Audio and video clips Where clips are selected to be reused or reversioned from programs which have already been broadcast, producers should check that there are no outstanding legal, compliance or editorial restrictions which might limit or prevent reuse. Producers should always check that SBS has the online rights for the material before it is published on SBSs website. Clips containing strong material (which is potentially disturbing to some audiences) should carry appropriate advice based on SBSs Television Classification Code (Code 4). 2.6.4 Non-broadcast material SBS may publish material on the Internet that has not been broadcast in any other form. As soon as SBS places any material on its website, SBS is publishing the material. Legal and editorial considerations must be taken into account. 2.6.5 Links to websites outside SBS All links on the SBS website must be editorially justifiable. The producer must check the contents of the site that is signposted before installing a link on an SBS page. The link should be regularly checked. Context is important in deciding whether a link is appropriate and it is often useful to explain why SBS is offering the link. In some cases, SBS may offer a link to a site that does not share SBSs editorial values. SBS should be seen to be impartial. When SBS covers a sensitive or controversial matter, associated links should represent a reasonable range of views about the subject.

    SBS Editorial Guidelines 2006 7/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 3 LEGAL RESPONSIBILITY 3.1 INTRODUCTION The most important obligations of SBS broadcasters, journalists and program makers under various State and Commonwealth laws relate to: copyright (including plagiarism); contempt; defamation; reporting restrictions in cases involving family law, children and sexual assault, secret

    recordings of private conversations; privacy; and discrimination and racial vilification. 3.2 TRAINING AND INFORMATION SBS provides regular training on these and other legal issues. All employees should ensure they are properly informed. The Legal section of the SBS Intranet gives background information about many of the key legal issues facing SBS employees. Enquiries about specific broadcasts should be directed to SBS Legal. Legal training can be arranged if a specific need is identified in the workplace. 3.3 UPWARD REFERRAL When there is any doubt as to whether or not a particular action is lawful (e.g. the broadcast of part of a program), upward referral applies. Editorial material that has legal implications must be referred to the SBS Corporate Counsel. The final editorial decision on whether to broadcast, or in what manner, rests with editorial staff, not their legal adviser. However, as the cost of legal action and damages can be high, decisions to publish legally contentious material must be made on proper consideration of legal advice. Where the legal advice is that SBS would be at high risk if particular material were broadcast (i.e. there is a low prospect of successfully defending subsequent legal action), regardless of other considerations the material should not go to air until the matter has been referred to at least a division director or delegate. The SBS Corporate Counsel is available around the clock, seven days a week and is able to obtain outside legal advice as required. 3.4 ONLINE CONTENT Laws relating to broadcasting also apply to the Internet. Our online services are subject to the laws of any country where they are accessed and if we break these laws we may be legally liable. Employees involved in online content activities should be mindful of legal and editorial issues relating to the use of that material (see also Guideline 2.6 for further guidance). All third party material (e.g. text, pictures, graphics, audio, video) that SBS does not own should be cleared in advance for use on the Internet, if necessary in consultation with SBS Legal. Never assume that copyright owners of material on Internet sites have waived their rights simply by publishing material on the Internet.

    SBS Editorial Guidelines 2006 8/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 4 CONFLICT OF INTEREST 4.1 INTRODUCTION Conflicts of interest, both actual and perceived, threaten SBSs capacity to provide an impartial and independent voice in the Australian media. These Conflict of Interest guidelines apply to all SBS employees involved in programming activities, including freelance journalists, stringers and contributors contracted by SBS. 4.2 DEFINITIONS AND SITUATIONS Conflict of interest is where a person who has input into or the ability to influence the editorial content of a program has a direct or indirect involvement or interest in an outside organisation or individual which could compromise or be seen to compromise the editorial integrity of SBS. Such relationships, which could be political, commercial, financial, personal or any other kind, are not acceptable. In many cases only the individual concerned will be aware of a potential conflict of interest. It is the responsibility of each person, in the context of the programming activities with which they become involved, to carefully examine their relationships with outside organisations and individuals, and to notify their manager of any potential conflict. Staff in doubt as to whether a conflict exists must seek advice. All employees are required to follow the SBS Code of Conduct (Appendix A) which includes a section on Upholding SBSs Reputation. Employees must also follow broader guidelines on conflict of interest contained in section 25 of the SBS Accounting Manual (available from your manager or the Finance division). Potential conflict of interest situations include: performing work for an outside organisation, particularly when it is in a field related to

    SBSs operations; the use of family or friends in programs, especially when paid; promoting personal interests or the interests of family or friends; personal use of SBS premises, facilities or materials for non-SBS purposes; and having a direct or indirect financial interest in an organisation that is the subject of, or may

    be affected by, an SBS program. 4.3 FINANCIAL CONFLICT OF INTEREST Anyone who has input into or the ability to influence the editorial content of programs or associated online material must disclose potential and actual financial conflicts of interest to the person with editorial control of the program. Where permission is given to present or report on a subject in which a person has a financial interest, it may be appropriate for that interest to be declared on-air (normally in end credits for television, post-story announcements for radio, and a postscript for online material). Where the person with editorial control has a real or perceived financial conflict of interest, the matter must be upwardly referred (see Guideline 2.3 Upward Referral). It is the responsibility of the person to whom the matter is upwardly referred to determine appropriate action, which may include on-air disclosure. 4.4 RADIO PRODUCERS There are additional considerations regarding conflict of interest in SBS Radio. SBS Radio producers have links with the communities they serve and, as a result, will often identify more easily with some sections of their audiences than others. They must not be seen to be representing any group, or political viewpoint or party. It is the responsibility of producers to ensure that any affiliations or personal views remain separate from their obligation to observe and advance the programming policies and practices of SBS. Further, this separation must be reflected in the content of programs.

    SBS Editorial Guidelines 2006 9/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5 COMMERCIAL RELATIONSHIPS 5.1 MAINTAINING EDITORIAL INDEPENDENCE 5.1.1 A national broadcaster with a mixed funding base SBS is primarily funded by government appropriations and can supplement its revenue through a range of self-help commercial initiatives, notably through corporate support. Corporate support includes advertising, sponsorship and funding. Commercial relationships should be conducted in accordance with the principles of the SBS Charter and section 10(1)(i) of the SBS Act which provides that the pursuit of subsidiary functions must not detract from SBS fulfilling its Charter responsibilities. 5.1.2 Editorial independence and corporate support SBS has a limited government appropriation and seeks additional funds to improve its services. SBS can accept a level of corporate support for programming and other activities. Commercial activities must not clash with the SBS Charter or threaten editorial independence and integrity. Decisions to produce, commission or acquire programs must be based upon the appropriateness of the program for the SBS schedule, not on the capacity of a program to attract revenue or other commercial considerations. 5.1.3 Responsibilities of employees SBS employees have two responsibilities in commercial dealings with other organisations. These are to ensure that: SBSs Charter and editorial integrity and independence are not compromised; and SBSs commercial interests are properly and consistently advanced. The first always has priority. 5.1.4 SBS Referral Process When there is any doubt as to whether or not a particular commercial relationship may compromise these Guidelines or the editorial independence of SBS, upward referral applies and advice should also be sought from SBSs Strategy and Communications division. Where the advice is that SBS would be at significant risk of compromising editorial independence or breaching the SBS Codes of Practice or the SBS Act, final decisions should be made by the SBS Managing Director. 5.1.5 Mechanisms for maintaining editorial independence and integrity The Board recognises the potential for conflict between programming and commercial objectives. It believes the best protection of editorial independence and integrity is for SBS to: publicise and reinforce its commitment to its Charter; follow the editorial guidelines which require employees to exercise their judgement in

    making upward referrals; and be open about commercial activities, while maintaining appropriate commercial

    confidentiality. The areas where commercial activities have the greatest potential to threaten editorial independence and integrity are: news and current affairs programs; and documentaries and information programs. SBS-produced news and current affairs programs (except for sports and weather updates outside the principle news and current affairs programs) cannot accept funding from, or be sponsored by, any outside organisation. Any sponsorship arrangement of SBS-produced or -commissioned documentaries must be transparent and include safeguards to ensure that full editorial independence remains with SBS. There is more flexibility in other program strands. Our coverage of sport, for example, can attract valuable commercial revenue with minimal risk to editorial independence and integrity.

    SBS Editorial Guidelines 2006 10/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5.1.6 Additional mechanisms for maintaining editorial independence on SBS Radio Advertisements and sponsorship announcements on SBS Radio must be clearly identified as such by acoustic and/or vocal means to separate them from news, current affairs and other programming. 5.1.7 Additional mechanisms for maintaining editorial independence on SBS Online Advertising and sponsorship content must maintain a structural and visual separation from SBS editorial content. This is achieved through the following design principles for webpage construction: Discreteness: Advertisers branding will be defined by clear visual boundaries and other

    distinguishing design elements such as colour, typography, background and borders. When linking to an advertisers web pages from an SBS website, the advertisers content must appear in a separate browser window.

    Disclaimer: SBS websites should carry a disclaimer that identifies the interests of advertisers as providing either infrastructure or commercial support for SBS Online and asserts the editorial independence of SBS content creators.

    5.2 SCHEDULING PROGRAMS SBS must always follow these principles: SBS selects programs for their contribution to Charter objectives; Regardless of how SBS acquires programming material, broadcasting and timing are its

    prerogative. 5.3 PROGRAM PURCHASES 5.3.1 Introduction SBS acquires its programs from a variety of sources, commercial and government, domestic and overseas. Whether a program is suitable is determined by its content, not its source. When acquiring programs, SBS is not restricted to purchasing arrangements. For example, the exchange of programs subtitled by SBS for new programs is acceptable. 5.3.2 Exchange of Airtime for Programming As a rule, SBS does not exchange advertising time for programming. Such arrangements need the approval of the SBS Executive. 5.3.3 Programs funded by third parties Some programs which SBS purchases, are partly or wholly funded by commercial or government organisations, these are otherwise known as ready-made programs. Where possible, details of third party funding sources should be obtained. If there appears to be a strong link between program content and the funds provider, the proposal must be upwardly referred at least to the respective Director Content (Television and Online) or Director Radio. If the proposal proceeds, SBS will provide clear information to audiences about the source and funding of the program. These conditions also apply to SBS accepting offers for free or discounted programs. SBS must retain the right to edit ready-made programs to meet editorial requirements under the SBS Act, SBS Codes of Practice and these Editorial Guidelines. 5.4 PROGRAM PRODUCTION FUNDING SBS is free to commission independent producers and make funding arrangements for co-productions for any programs which it considers appropriate. A program should never be produced or commissioned solely because external funds or other commercial opportunities are available.

    SBS Editorial Guidelines 2006 11/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • SBS accepts that its co-producers will often receive funding and other support towards production from external sources, including the corporate sector. SBS may make direct program production arrangements with a commercial organisation. Corporate funding can therefore be both direct and indirect. SBS requires strict scrutiny of the role of all external funding. Details of funding sources should be obtained from co-producers and proposals referred to the Director Content (Television and Online) or Director Radio. Corporate funding is acceptable provided that SBSs editorial independence and integrity is not compromised. Whether corporate funding direct or indirect and the level of funding is acceptable depends on: the issues dealt with by the program; the interest of the provider of the funds in the content of any program; and whether the potential exists to compromise SBSs editorial independence and integrity. Programs with content that is directly connected to the source of funding or sponsorship have the potential to compromise SBSs editorial independence and integrity. SBS must always retain the right to ensure that the material it broadcasts is editorially justified, rather than driven by commercial interests. This includes the right to edit all content for broadcast on SBS, irrespective of commercial deals entered into by external producers. The Director Content (Television and Online) and Director Radio must reject any proposal to produce or commission a documentary or fact based entertainment if: the investor has a commercial interest in the content of the program; or such investment of funds is likely to influence the editorial independence and integrity of

    SBS. 5.5 ADVERTISING, SPONSORSHIP AND SBSS OWN PROMOTIONS 5.5.1 Introduction Under Section 45 of the SBS Act, SBS can raise revenue by broadcasting advertisements and sponsorship announcements. The Act provides that SBS may only broadcast advertisements sponsorship announcements before or after programs or during natural breaks. The advertisements and announcements must not run in total for more than five minutes in any hour of broadcasting. Natural breaks in television programs are described in the SBS guidelines on the Placement of Breaks in SBS Television Programs (Guideline 5.6 below). Natural breaks in radio programs are defined as occurring between discrete units of programming containing matter of a similar nature (e.g. a news bulletin, a feature or a talkback session). 5.5.2 SBS Commercial Affairs and its agents SBS Commercial Affairs division is responsible for raising revenue from sponsorship and advertising. SBS has appointed agents to handle the sale of airtime. The SBS Commercial Affairs division is the contact point for any financial transactions which may directly or indirectly involve advertising and sponsorship or ancillary rights. 5.5.3 Sponsorship Program sponsorship is a form of advertising which creates an association between the program and the sponsor. SBS allows other organisations to sponsor programs. However, section 44(3) of the SBS Act precludes the acceptance of any service, facility, gift, devise or bequest which is likely to compromise the editorial independence and integrity of SBS (section 44(4) of the Act notes that this does not preclude SBS from accepting services, facilities, or money from the Commonwealth, states or territories or their agencies). In no circumstances will a program be purchased, produced or commissioned solely because revenues from sponsorship are available.

    SBS Editorial Guidelines 2006 12/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • Program sponsorship should not be confused with program funding which other organisations may provide to produce a program. Sponsorship is accepted only after a decision has been made to purchase or produce a program. In practice, a sponsorship arrangement usually means: the sponsors advertisements are run immediately before and after the program and

    during natural program breaks; the sponsors name may be included in on-air and press promotions; and for Television, SBS acknowledges the sponsor of the program through a billboard at the

    beginning and end of the program. (For example, This program is/was sponsored by) for Radio, SBS acknowledges the sponsor of the segment through a voiceover at the

    beginning and end of the program. Promotions for SBS-sponsored websites may be broadcast at the end of the program, provided the content of the website being promoted is related to the content of the program. SBS allows corporate sponsorship in which organisations have their names associated with SBS as a corporation. Sponsorship of SBS-produced news and current affairs programming (except for sports and weather updates outside the principal news and current affairs programs) is not permitted. Any sponsorship arrangement of SBS-produced or -commissioned documentaries or information programs must be transparent and include safeguards to ensure that full editorial independence remains with SBS. Sponsorship of SBS-produced or -commissioned drama or entertainment programming is permitted on the condition that any sponsors products are not an unduly significant focus of the program. SBS should be advised by external producers and distributors of all instances where advertising or sponsorship has been relied upon for the production of a program. 5.5.4 Contractual arrangements and conflict of interests Only those employed within or contracted by the Commercial Affairs division may negotiate with potential clients for the sale, production or broadcasting of advertising or sponsorship within SBS programs. SBS employees may not make personal gain for themselves or any member of their family from advertising or sponsorship. The exception is in payment for the translation and voice production of advertisements or sponsorship announcements arranged by SBS. The employee to receive the payment cannot initiate the work. SBS employees must disclose any interests they or any member of their family have in the supply of any goods or services advertised on SBS or any other potential conflicts of interest. SBS Radio employees may be engaged for the production of advertisements and sponsorship announcements as arranged by SBS. Where feasible and cost-efficient, and dependent upon client agreement, SBS advertisements and sponsorship announcements will be produced in-house. No SBS Radio employee will be compelled to participate or be pressured in any way into participating in the development or production of advertisements or sponsorship announcements. When SBS enters into a contract for the production and/or broadcast of advertisements or sponsorship announcements, it is the responsibility of employees to ensure that contractual arrangements with SBS clients are complied with under law. 5.5.5 Quality and standards SBS retains the right to refuse to broadcast any advertisement or sponsorship announcement which fails to meet its quality standards.

    SBS Editorial Guidelines 2006 13/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5.5.6 Contentious goods or services SBS Radio should not broadcast advertisements or sponsorship announcements for any contentious goods or services or for those prohibited under state or federal law. Goods and services are deemed contentious when their promotion would be inconsistent with the SBS Charter, Codes of Practice, these Editorial Guidelines, community standards or any other guidelines or legal requirements. 5.5.7 Revenue allocation Generally, advertising and sponsorship revenue will augment SBSs total budget and will not be paid to the programs, language groups, or cost centres which may have attracted the revenue. In exceptional cases, such direct funding must be approved by the SBS Executive. 5.5.8 Promotion of SBSs own activities The SBS Act allows SBS to broadcast announcements publicising SBS programs and promoting its products, services and activities. This often includes, but is not limited to, products, services and activities displaying the SBS name or logo. It also includes products, services and activities related to programs that appear on SBS. References to distributors of these products, services and activities are permitted. Promotions for these types of products, services and activities do not fall within the five minutes of advertising air time allowable per hour providing that SBS is not paid in cash or in kind for the promotional airtime. 5.5.9 Value of the SBS name and logo The SBS logo is registered as a trademark in Australia. Any use of the name and logo that has not been expressly authorised by SBS is an infringement of SBSs rights and is prohibited by law. The name and logo are valuable assets which may be licensed to third parties. The use of the SBS name or logo in connection with goods and services indicates that they are endorsed by SBS, and therefore their use must be strictly controlled. Any use of the SBS name or logo must not undermine SBSs independence or integrity or adversely affect its reputation as a quality broadcaster and good corporate citizen. The following guidelines must be taken into account in permitting the use of the SBS name and logo by third parties: Use of the SBS name or logo must be approved by either the SBS Managing Director,

    Director Content (Television and Online), Director Radio, Director Commercial Affairs, Corporate Communications Manager or Director Strategy and Communications.

    Any benefit to SBS must be taken into consideration. Approvals to use the SBS name or logo must be in a written agreement between SBS and the third party, the aim of which is to protect SBS and its logo. The agreement must cover: appropriate quality control by SBS over the licensed goods and services; appropriate level of editorial control by SBS over content, including publicity materials and

    packaging; approval rights in relation to the goods and services, packaging and advertising; a requirement that the licensee must do all things required by SBS to ensure the name

    and logo remain distinctive of SBS and validly registered; and a requirement that use of the SBS name or logo in the licensees own advertising may

    only occur with the prior written approval of the SBS Managing Director. For further guidance on the use of the logo by SBS and third parties, employees should contact the Marketing or Commercial Affairs divisions.

    SBS Editorial Guidelines 2006 14/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5.5.10 Non-broadcasting activities SBSs obligation to maintain its independence and integrity applies to non-broadcasting activities performances, staged events, marketing and publishing activities as well as to its broadcasting activities. There is greater flexibility with non-broadcast activities because the specific restrictions in the SBS Act do not apply, but any practices which undermine the editorial independence and integrity of SBS are unacceptable. Use of the logo in programming publicity is a matter for the relevant division director. Proposals for use of the SBS logo for other non-broadcasting activities must be referred to the Director Marketing. 5.6 PLACEMENT OF BREAKS IN SBS TELEVISION PROGRAMS 5.6.1 Introduction Section 45 of the Special Broadcasting Services Act, 1991 (SBS Act) provides that SBS may broadcast advertisements and sponsorship announcements before or after programs and during natural breaks and that run in total for not more than five minutes in any hour of broadcasting. All decisions regarding commercial revenue are subject to the overriding principle that the integrity of the SBS Charter and SBSs editorial independence are paramount and shall not be compromised in any way. Decisions about the placement of advertisements in programs will be considered on a case-by-case basis and will have regard to program content and context. SBS will exercise sensitivity in the placement of advertisements. All advertisements will be clearly distinguished from SBS programming content. SBS reserves the exclusive right to determine what is broadcast on SBS services and may reject any advertising or community service announcements. SBS will not broadcast advertisements that do not fulfil the requirements for the issuing of a Classification Number (CAD Number) by Free TV Australias commercial advice service. All advertisements broadcast by SBS should comply with the Australian Association of National Advertisers (AANA) Advertiser Code of Ethics, the Code for Advertising & Marketing Communications to Children, and the Federal Chamber of Automotive Industries Voluntary Code of Practice for Motor Vehicle Advertising. If the Advertising Standards Board finds that an advertisement contravenes these codes the Advertising Standards Bureau will request the advertiser to withdraw or modify the advertisement in question. As an associate member of Free TV Australia, SBS takes account of the Classification and Placement of Commercials and Community Service Announcements contained in section 6 of the Commercial Television Industry Code of Practice (2004), where it relates to commercials. 5.6.2 Natural breaks in drama and comedy A break may be taken when: there is an obvious and dramatically significant lapse of time in the action; or there is a change of scene, with a significant break in the continuity of action. 5.6.3 Natural breaks in documentaries and information programs A break may be taken when: there is a change of topic; there is a change of method or treatment; recorded inserts occur in live programs; or new participants in a discussion program are introduced. 5.6.4 Natural breaks in entertainment programs A break may be taken at the end of an act or at the end of a sequence.

    SBS Editorial Guidelines 2006 15/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5.6.5 Natural breaks in programs with prizes A break may be taken when one competitor leaves the scene and before a new competitor is introduced. Where there is no change of competitor, a break may occur at the end of one complete round of questions. 5.6.6 Natural breaks in music programs A break may normally be taken at the end of a musical composition, a set, or between the acts of an extended musical work. Breaks may not be taken between segments of a series of pieces usually heard as a continuous performance. 5.6.7 Natural breaks in news and current affairs programs Breaks may be taken between separate reports in news bulletins and program segments in current affairs programs. A program segment may be: discrete coverage of a particular topic or issue; a report from a particular source or location on an issue; defined by a particular method or treatment; or a particular topic in an extended interview. 5.6.8 Natural breaks in sport Breaks may be taken during periods where viewers do not miss any significant action of the particular sport being televised either live or delayed. In sport events where regular pauses in play occur, breaks may be taken during those periods, for example at half time or between races, innings or overs etc. In coverage of long continuous events, breaks may be taken at points where the focus of coverage of the event shifts from one point to another, for example after a resumption of the current placings in a race and before refocusing on a particular section of the race. Breaks may also be taken before or after cut-away discussion or background film insert sequences. 5.6.9 Natural breaks in outside broadcasts other than sport Breaks may be taken where the commentator finishes discussing one item in the program and moves to another. 5.6.10 Natural breaks in acquired programs Pre-existing breaks that comply with these Guidelines in programs acquired from overseas suppliers and other sources will be considered to be natural breaks. Acquired programs which do not include pre-existing breaks may be assessed for natural breaks following the definitions in Guidelines 5.6.2 to 5.6.9. 5.6.11 Natural breaks in relays of overseas broadcasts Where SBS relays a live program feed from an overseas broadcaster, the break pattern of the originating broadcaster may be taken. 5.6.12 Identification of breaks SBS will assess programs to determine where, and if, there are natural breaks in content according to the definitions under Guidelines 5.6.2 to 5.6.11. SBS will then decide which of these natural breaks will be used to carry advertising based on the five minute per hour limit and other considerations, including viewer experience. 5.6.13 Placement of breaks Editorial considerations and the interests of viewer experience will be taken into account when considering the placement of breaks. Within the definitions of natural breaks and the individual context of the program, the following schedule provides an indicative guide for the placement of internal breaks:

    SBS Editorial Guidelines 2006 16/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • Scheduling Slot Program Length Parts / Breaks Up to 10 minutes No Break 30 minutes 25 minutes 3 Parts / 2 Breaks 45 minutes 40 minutes 3 Parts / 2 Breaks 60 minutes 52 minutes 4 Parts / 3 Breaks Where the interests of viewers would be better served by a different format, for example to fit in with a particularly suitable interruption of continuity, there may be deviation from this guide. This will be assessed on a case by case basis applying these Guidelines in relation to natural breaks in accordance with the SBS Act. 5.7 CORPORATE SUPPORT: OPPORTUNITIES, LIMITATIONS AND

    ACKNOWLEDGEMENT 5.7.1 Introduction References to, or images of, commercial entities and their products and services occur in the normal course of broadcasting. Some coverage is purely incidental (e.g. a news story featuring the arrival of a visiting head of state may include coverage of a particular airline). When commercial organisations sponsor sporting and other events, coverage will inevitably feature some form of company identification. 5.7.2 Use of products, services and facilities in program production SBS employees may accept, on behalf of SBS and not for private use, offers from commercial or government organisations of free or discounted products, services and facilities providing the division director has given prior approval and: the way in which such products, services and facilities are used is determined by SBS; there is no obligation to structure a broadcast in any way or to present a particular

    editorial perspective; such products, services and facilities are not used in programs in a way which endorses

    them; and where significant assistance is provided, program credits are arranged so that the level of

    assistance is apparent to audiences (credits will normally be in the form of an acknowledgment at the end of a program recognising the contribution made in cash or in kind by a person or party to that program).

    5.7.3 Named activities, events, competitions and performances Many events, performances, sporting competitions and productions involve commercial sponsorship. These will often have official names which include the corporate or product names of the commercial sponsors. SBS will use official names but not unduly emphasise the name of any commercial organisation so as to suggest to audiences that advertisements or sponsorship announcements are being broadcast. 5.7.4 Program credits Credits will acknowledge financial or other support for a program by reference to the company names and/or logo as determined by SBS. Contributions will generally be acknowledged in credits appropriate to the significance of the contribution. Credits: provide an opportunity for SBS to show its appreciation; and make clear to audiences that external assistance has been provided, thereby allowing

    them to make up their own minds about possible editorial intrusion. 5.7.5 Acknowledgements and logos Where an organisation has provided information, services or goods for a program, this should be acknowledged in program credits, and may be acknowledged during a program, for the purposes of transparency and to make clear to audiences that external assistance has been provided. This acknowledgement may take the form of a verbal and/or text acknowledgement or use of the organisations logo. It is a matter for SBS to determine where and when the logo will appear in a program or in program credits.

    SBS Editorial Guidelines 2006 17/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 5.7.6 Signage Signage means advertising messages or logos on banners, flags and posters, particularly at sporting, cultural or community events. Organisers of events which SBS wishes to broadcast should be informed of the conditions that apply to advertising and sponsorship announcements on SBS. During coverage of the event, cameras must not dwell upon on-site signage. If an executive producer considers coverage of an event may contravene these Guidelines, the matter must be discussed with the organisers and if necessary referred to the division director. 5.7.7 Give-aways and competitions SBS can conduct joint promotions with other organisations which might offer free (or token-priced) prizes to SBS audiences in on-air or online competitions. Information on the source and nature of the prize can be provided to audiences or users. Endorsement of the donors product or service within programs is not acceptable. Endorsements include comparisons between products, services and activities and recommendations. In the course of running a competition with prizes, some limited, positive description of the prizes may be used. However, this should not be seen as active encouragement of audiences to otherwise purchase or seek out the product or service that constitutes the prize. Give-aways and competitions may not be run during news and current affairs programs. Division directors must approve promotions or competitions involving prizes, incentives or give-aways. Advice should be sought from SBS Legal on the conduct of give-aways or competitions (e.g. the need for lottery permits or privacy consents, compliance with Internet gaming legislation etc.).

    SBS Editorial Guidelines 2006 18/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 6 COMMUNITY ANNOUNCEMENTS ON SBS RADIO 6.1 INTRODUCTION: SOCIAL, CULTURAL, WELFARE AND EDUCATIONAL

    EVENTS The SBS Codes of Practice (Code 6) provide guidance on the kinds of community information SBS is prepared to broadcast. SBS Radio enjoys a special relationship with its audiences and provides a service through the broadcast of community announcements. SBS Radio may broadcast announcements about community events of a social, cultural, welfare or educational nature, without charging for airtime, provided they are: from bona fide organisations (and if producers are unsure about the credentials of any

    organisation, upward referral applies); supplied in writing on letterhead signed by the president, secretary or office-holder of the

    organisation; and concise, giving essential details such as time, venue, organising group, purpose of event,

    ticket availability and cost. SBS may charge third parties for community announcements, including government information campaigns. However, when consideration is accepted for airtime for such announcements, they must be counted towards the five minute per hour limit on advertising. The number of times an announcement may be broadcast is at the discretion of the executive producer, taking into account: the desirability of broadcasting a variety of announcements; and the need to give equity of access to different sectors of the community. Announcements about meetings of a restricted nature (i.e. those limited to members of an organisation) can only be broadcast with the approval of station management. The length and form of the announcements is a matter for SBS. In no circumstances must producers promote on-air any function, organisation or product in which they or members of their family have a financial interest. Announcements promoting community events that are commercial ventures will normally be regarded by SBS as advertising. SBSs advertising rates will apply. 6.2 FUNDRAISING Announcements may be broadcast at no cost for appeals by a charity registered in Australia. With the approval of the Director Radio or his or her nominee, listeners may be asked to donate funds or services for such fundraising. Radiothons must be approved in advance by the Director Radio. Station management must ensure that all fundraising promoted by SBS Radio complies with relevant state and federal laws. 6.3 PERSONAL ANNOUNCEMENTS Personal announcements (births, deaths, marriages, etc.) are not Community Information under Code 6 of the Codes of Practice. Generally, such announcements will not be broadcast unless newsworthy. Where a language group considers that its audience has special needs and it is appropriate for personal announcements to be broadcast, authority must be obtained from the Director Radio, who will consider whether: there are other ways in which the information can be conveyed to the community; the quality and effectiveness of a program will be affected by the announcements; the reliability of the information is guaranteed; and there are compassionate grounds for the announcements.

    SBS Editorial Guidelines 2006 19/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • Announcements regarding missing persons must not be made without the approval of the Director Radio. 6.4 GOVERNMENT INFORMATION CAMPAIGNS SBS has an obligation to assist in the provision of settlement and other information to community audiences. Accordingly, SBS Radio enters into agreements with government departments and instrumentalities for the broadcast of announcements about various campaigns and services. SBS receives payment for producing and/or broadcasting such announcements. Material broadcast as part of such campaigns will carry an acknowledgement of the originating government body. A placement strategy, which aims to ensure maximum penetration of target audiences with a minimum disruption to language programs, will be agreed between SBS and the originating organisation. Producers must broadcast announcements at the agreed times to ensure the effective communication of the information. As noted in Code 6.1 of the Codes of Practice, SBS will not broadcast political matter (i.e. matter that promotes a registered political party or lobbies for a change in legislation) as community information.

    SBS Editorial Guidelines 2006 20/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 7 SUPPLY OF SBS PROGRAM MATERIAL TO THIRD PARTIES

    7.1 INTRODUCTION SBS receives many requests for access to program material. These fall into two categories: requests for use of SBS material for commercial or private use; and requests for material which is, or may be, legally actionable. 7.2 COMMERCIAL AND PRIVATE USE 7.2.1 Commercial use Any use of SBS program material must be authorised by the relevant division director. A licence agreement must be used. Individual SBS employees do not have the right to sell or give away SBS program material. Except in the case of daily news material covered by reciprocal arrangements between broadcasters, supply of all SBS news material must go through the SBS News Tape Library (Television) or, Director Radio. 7.2.2 Private use In general, SBS does not provide or sell SBS program material for private use or exhibition. However, some SBS programs may be purchased on video or DVD through SBS Commercial Affairs or nominated distributors. SBS Commercial Affairs division can provide information about these programs. Producers of programs may give copies of SBS program material to participants in the program for their personal use. 7.2.3 Use of SBS program material in advertising Requests for SBS program material for use in television, radio or print advertisements should be referred to the Director Radio or the Director Content (Television and Online). Use of SBS program material in political advertisements is not permitted. Material in which individuals are identifiable and which may be used to suggest that those individuals endorse or support a particular product or viewpoint may only be authorised with the consent of those individuals. 7.2.4 Program complaints SBS may provide copies of programs which have been broadcast on SBS Television or SBS Radio (at cost) to persons who have made or intend to make a program complaint. SBS does not provide translations of the programs. Material requested by the Australian Communications and Media Authority (ACMA) will be provided free. 7.3 CONTENTIOUS MATERIAL Contentious material is material in respect of which legal proceedings have been threatened or commenced or are likely to be commenced against SBS or against a third party. Section 70B of the SBS Act requires SBS to retain copies of all broadcast matter relating to a political subject or current affairs for a period of six weeks from the date of broadcast. If a complaint is made about the matter, it must be retained for 70 days from the date of the complaint. If SBS is notified that material is required for legal proceedings within the six week or 70 day retention periods, that material must be retained until legal advice is received that it is safe to dispose of this material. If proceedings have commenced prior to the request, or within the three month period, the material must be kept until the proceedings have finished.

    SBS Editorial Guidelines 2006 21/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • SBS will provide access to persons requesting a copy of program material if the person is referred to in the program and the request is made within the six week or 70 day period and if the person: can describe the program in a manner which enables it to be easily identified; and states that they wish to assess whether the material may be actionable against SBS. SBS will not provide material for use in legal proceedings to which SBS is not a party unless a subpoena has been issued or the request is made on behalf of both parties to the litigation. This material will be made available at SBS standard rates. Requests for program material by the police will generally require a search warrant or subpoena except in clear cases of public danger, where assistance to the police will help reduce the risk to public safety. 7.4 PROGRAM-RELATED MATERIAL ON THE SBS WEBSITE SBS is placing an increasing amount of program-related material on the SBS website, including audio files and text transcripts for some programs. To answer some requests for SBS program material, it may be helpful to direct people to the website. 7.5 REQUESTS FOR NON-SBS PROGRAMMING SBS receives many requests for programming that it has broadcast but for which it does not hold rights of sale or distribution. A form is available from SBS Commercial Affairs division or Public Relations for people making such requests. It explains the reasons that SBS cannot supply many of the broadcast programs and suggestions as to how the program may be obtained from the rights holders. 7.6 VARIATIONS These policies may be varied in exceptional circumstances such as hardship to the person making the request or prejudice to SBS. Decisions to vary these policies may only be made by the Managing Director, the Director Radio or the Director Content (Television and Online).

    SBS Editorial Guidelines 2006 22/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 8 HANDLING PROGRAMMING COMPLAINTS, COMMENTS AND ENQUIRIES

    8.1 INTRODUCTION Code 8 of the SBS Codes of Practice details SBSs policies on information requests, comments and complaints about SBS programming and content. The Codes of Practice also set out the role of the Australian and Communications Media Authority (ACMA) in investigating complaints about possible breaches of the Codes of Practice which are not handled to the satisfaction of complainants. SBS acknowledges that it is the right of all audience members to make a complaint. It is SBSs responsibility to have in place adequate complaints handling procedures and to dedicate sufficient resources to addressing the concerns of its audience. SBS treats all complaints equally and fairly in line with the complaints procedures set out below, regardless of the source of the complaint. SBS complaints handling procedures do not apply to any complaint concerning a program which is or becomes the subject of legal proceedings. The complaints handling procedure applies to all complaints received about SBS programming and content, whether on SBS Radio, Television or Online. Responding to complaints and comments is an opportunity for SBS to engage directly with its audience and to promote SBS programs and content. Employees involved in programming activities must familiarise themselves with the Codes of Practice and Editorial Guidelines. 8.2 COORDINATION OF COMPLAINTS HANDLING The SBS Ombudsman reports directly to the Managing Director and is independent of all SBS programming divisions. The role of the SBS Ombudsman is to: undertake a proper and fair investigation of formal complaints, including working with the

    relevant division; determine whether a complaint is upheld or dismissed; assist in ensuring the professionalism and consistency in all formal complaint responses

    across the organisation, including ensuring that formal complaints are answered courteously and within the required timeframe;

    commission translations of complaints and programs as required; maintain a central database of all formal complaints; refer to Corporate Counsel all complaints which contain the threat of legal action; obtain input, as required, from the Strategy and Communications division in relation to the

    interpretation of the Codes of Practice and Editorial Guidelines; provide training to SBS employees about complaints handling procedures; provide information to the public about SBSs complaints handling procedures; provide reports to the Board on the formal complaints received and any relevant details or

    progress; and liaise with ACMA and other external bodies in relation to program complaints which have

    been referred for external review. 8.3 COMPLAINTS HANDLING PROCEDURE How SBS deals with a complaint depends on whether it is assessed as a formal or an informal complaint. 8.3.1 What are formal and informal complaints? A formal complaint is one which alleges that SBS has acted contrary to its Codes of Practice and which meets the requirements of Code 8.4. SBS must investigate and respond to all formal complaints in line with Code 8. These guidelines set out internal procedures.

    SBS Editorial Guidelines 2006 23/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • All other complaints will be treated as informal complaints. Guideline 8.3.11 sets out how SBS handles informal complaints. 8.3.2 Initial assessment of complaints Once a complaint is received by SBS it will be assessed as either formal or informal by the SBS Ombudsman and entered into the complaints database. If there is any doubt about whether a complaint is formal, it should be referred to the SBS Ombudsman. 8.3.3 Investigation by the SBS Ombudsman Once a formal complaint has been received by the SBS Ombudsman, a letter will be sent to the complainant: acknowledging receipt of the complaint; informing the complainant that the SBS Ombudsman will be responsible for investigating

    and responding to the complaint; providing a timeframe for the investigation to be completed; and advising the complainant of the circumstances in which they may refer the complaint to

    ACMA. The SBS Ombudsman will investigate the complaint and the relevant division will assist by providing necessary background information. Any comments requested by the SBS Ombudsman from a division should be provided as quickly as possible and always within 10 working days of the receipt of the request. This will allow adequate consideration at a senior level, including possible investigation and preparation of a final reply. 8.3.4 Official response After investigation of the complaint, the SBS Ombudsman will make a decision to either: dismiss the complaint and advise the complainant again of their right to refer the matter to

    ACMA (for Television and Radio programs); or uphold the complaint and advise the complainant of the action to be taken. The SBS Ombudsman will endeavour to provide the complainant with a written response within 30 days of receipt of the complaint. In any event, a response must be provided within 60 days. In exceptional circumstances (as set out under the SBS Code 8.10), if a complaint is complex, a translation is required, or the complaint is referred to the Complaints Committee, additional time may be needed and the complainant should be informed of any expected delay. The SBS Ombudsman will provide the relevant division with the final response. If the relevant division disagrees with the decision of the SBS Ombudsman, the complaint will be referred to the Complaints Committee. See Guideline 8.4 below. 8.3.5 Action to be taken When a formal complaint is upheld, the action to be taken in response to the finding will be decided by the Managing director and the director of the relevant division. The action decided on must occur within a reasonable period of the breach finding. The action may include the following: acknowledging that a breach has occurred in a program; apologising for the impact of the breach; placing a correction, apology or retraction on the SBS website; broadcasting the correct information; or broadcasting an apology for the impact of the breach. The director of the division must inform the SBS Ombudsman of the action to be taken. The SBS Ombudsman will keep a record of the action taken. 8.3.6 Confidentiality SBS will, at its discretion, consider a request for a complainants name to be kept confidential in an internal investigation.

    SBS Editorial Guidelines 2006 24/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 8.3.7 Complaints involving individual employees Where a complaint being investigated implicates, either directly or indirectly, a particular employee in an alleged contravention of the Codes of Practice, that person must be provided with a copy of the complaint and be given the opportunity to respond to the relevant division director and the SBS Ombudsman. 8.3.8 Formal complaints addressed to the Chairman, Managing Director or Board

    members Correspondence addressed to the Chairman, Managing Director or Board members that raise a formal complaint must be referred to the SBS Ombudsman and be dealt with in accordance with Guideline 8.3.3. 8.3.9 Petitions Where SBS receives a petition (via letter or facsimile), a single reply to the organiser is normally sufficient. If the issue is a serious one and resources are available, individual replies may be appropriate. 8.3.10 Translations of radio programs in languages other than English Where a formal complaint is received regarding an SBS Radio program that was broadcast in a language other than English, SBS management may, where appropriate, arrange for a translation of the program, usually by the respective producer of the program. At managements discretion, an independent second translation may be sought. The independent translation will be made available to the broadcast journalist responsible for the first translation. SBS management is responsible for resolving any differences arising from the translations relevant to the substance of the complaint. 8.3.11 How informal complaints are handled Informal complaints are handled under Code 8.13. When responding to informal complaints, staff must follow the procedures set out in Guideline 9.3.3. 8.4 COMPLAINTS COMMITTEE 8.4.1 Function If necessary, the SBS Ombudsman or the relevant division may refer a formal complaint to the Complaints Committee for further consideration. The Complaints Committee will review the complaint, all relevant material and any recommendations by the SBS Ombudsman prior to upholding or dismissing the complaint. The Complaints Committee may request additional information and further investigation of the matter before making its decision. 8.4.2 Composition The Complaints Committee is composed of the Managing Director (Chair), SBS Ombudsman, Director Content (Television and Online), Director Radio, Director News and Current Affairs, and, where required, one member independent of the division being investigated, who will be nominated and agreed to by the other members on a complaint-by-complaint basis. 8.4.3 Decision The decision of the Complaints Committee will be made by majority opinion and will be the final decision of SBS. The Complaints Committee will endeavour to finalise the investigation of the complaint within a reasonable time. The SBS Ombudsman will advise the complainant if there is a substantial delay in reaching a decision.

    SBS Editorial Guidelines 2006 25/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 9 HANDLING CORRESPONDENCE AND FEEDBACK GENERALLY

    9.1 INTRODUCTION This Guideline sets out how to handle correspondence and feedback other than formal complaints. 9.2 TELEPHONE CALLS 9.2.1 General Most comment about SBS programming is by telephone. Dealing with these calls is an important part of presenting SBS to its audiences. People who telephone SBS to comment or complain about programs are often agitated or angry about something they have seen, heard or read. A record of the conversation should be made, including, where possible, the name of the person, contact number, subject of conversation, date and time. Responses should be calm and informative. If complainants become abusive, terminate the call quickly and politely, and advise your supervisor of the conversation. 9.2.2 Calls to the switchboard The SBS switchboard receives most calls initially. Switchboard operators are not expected to enter into detailed discussions about programming. Where possible, they: provide scheduling and other general information about programming; briefly record the callers views; refer callers to relevant areas if they require further information or explanation; and take details so calls can be returned later by the relevant area. 9.2.3 Employees taking calls Employees to whom calls are directed, or who receive calls directly from members of the public, should try to help the caller in all reasonable ways, including: identifying themselves by name and area; directing calls to their supervisors, or asking the callers to set out the matter in writing

    where the subject of the call is beyond their knowledge or expertise; taking a record of the callers details and returning the call later if they are too busy to

    handle the call immediately; when referring the caller to another employee, clearly informing the caller of the name

    and position of the person they are being referred to; and if they are the employee who first receives the call, taking responsibility for ensuring the

    caller gets through to someone who can address their concerns. 9.2.4 Managers responsibility Managers in each area are responsible for ensuring that employees are briefed on handling calls about programming matters. Managers must ensure that the switchboard is advised of any special directions for handling calls in their area. 9.2.5 Calls which allege a contravention of the Codes of Practice Where a call appears to allege a contravention of the Codes of Practice, advise the caller that they should make a formal complaint if they would like the matter investigated and advise them of the process for doing so. Refer the caller to the Codes of Practice on the SBS website and, if required, send the caller a copy of the Codes of Practice. Where there are difficulties in writing (for example, illiteracy or a disability) alternative arrangements must be made for formal registration of the complaint which should be referred to the SBS Ombudsman. Employees should avoid protracted conversations or arguments with callers about programming policies and should never admit SBS liability.

    SBS Editorial Guidelines 2006 26/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • 9.3 WRITTEN CORRESPONDENCE 9.3.1 Correspondence about programming addressed to the Chairman, Managing

    Director or Board members Correspondence addressed to the Chairman, Managing Director or to Board members that does not raise a formal complaint will normally be referred to the programming area for either direct reply or comment and input. The person who signs the reply should indicate on whose behalf they are signing, (e.g. the Managing Director). Correspondence which raises a formal complaint should be handled in accordance with Guideline 8. 9.3.2 Correspondence to be brought to the attention of SBS management Management needs to be made be aware, at an early stage, of potentially serious issues including those which might require public comment. Correspondence containing such issues and any correspondence from members of parliament should be sent immediately to the Managing Director and the Director Strategy and Communications. Any such correspondence which involves a formal complaint must, at the same time, be referred to the SBS Ombudsman to be dealt with under Guideline 8.3. 9.3.3 Responding to written correspondence Divisions and programming areas will often be required to provide input and comment for responses from the SBS Ombudsman, Managing Director, Chairman or division. All correspondence must be in plain English, restrained and courteous, and be drafted in a professional manner, addressing the concerns of the complainant and setting out SBSs position clearly and concisely. Responding to complaints also provides SBS with an opportunity to inform our audiences about SBS programs and content. 9.4 PRIVACY SBS is subject to the Information Privacy Principles (IPP) contained in the federal Privacy Act 1988. Where material that could identify the correspondent is recorded (e.g. in the original correspondence or in any record of conversations, such as a name, address, job title, telephone number) the privacy of the individuals concerned must be protected. Such information must be securely stored and the complainant must be informed of the way the information will be used and any person or body to which SBS would usually disclose the information. Further advice about the application of the IPPs is available from the Strategy and Communications division.

    SBS Editorial Guidelines 2006 27/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • SBS Editorial Guidelines 2006 28/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

    10 ADVICE ON THE CODES OF PRACTICE AND EDITORIAL GUIDELINES

    10.1 STRATEGY AND COMMUNICATIONS The responsibilities of the Strategy and Communications division include: developing the Codes of Practice and Editorial Guidelines; providing advice on the interpretation of the Codes of Practice and Editorial Guidelines,

    and their application to programs; and answering internal and external enquiries about SBS policies and their interpretation. 10.2 LEGAL SBS Legal provides advice about programs that raise legal issues. See Guideline 3 for more information on legal responsibility.

  • APPENDIX A

    SBS CODE OF CONDUCT

    1. Overview

    1.1 Standards of Behaviour Employees of SBS are expected to abide by the terms and conditions of employment set by SBS. For most employees this includes any obligations set out in the SBS Certified Agreement, SBS Award, SBS Codes of Practice and various programming and policy documents and Editorial Guidelines. SBS employees are expected to observe the requirements set out in this Code of Conduct. Refer to 3. Breaches of the Code of Conduct.

    1.2 SBS Charter, Purpose and Values

    1.2.1 SBS Charter The principal Charter function of SBS is to:

    provide multilingual and multicultural radio and television services that inform, educate and entertain all Australians, and, in doing so, reflect Australias multicultural society.

    The full text of the Charter is available in the SBS Act on the SBS website (and in SBSs Corporate Plan 2007-2012). As a public broadcaster, SBS is accountable to the Australian people through the federal parliament of Australia. This accountability means that SBS must:

    maintain the highest standards of integrity, impartiality and service; and be focussed on producing exceptional quality radio, television and online services for all

    Australians; and

    ensure all SBS services are delivered in an extremely cost effective and professional manner.

    1.2.2 SBS Purpose SBSs Purpose outlines how we put our Charter into effect. Our Purpose is:

    Who we are and what we do SBS leads the exploration of the real, multicultural Australia and our diverse worlds. This means:

    We are a pioneering broadcaster, going places that other broadcasters avoid; and We reflect real, multicultural Australia contemporary Australia is multicultural and

    multilingual; and

    We explore and connect the diverse cultures and perspectives that make up the worlds that we live in.

    For Whom for all Australians.

    SBS Editorial Guidelines 2006 SBS Code of Conduct 29/35 (INCORPORATING CONSEQUENTIAL AMENDMENTS MADE 1 JULY 2008)

  • This means:

    We are relevant to all Australians and inclusive of a multitude of diverse cultures and perspectives; and

    We are uniquely placed as the only broadcaster that can reach all Australians. How We Do It

    independently, distinctively and courageously. This means:

    As an organisation we are independent from external pressures to conform or favour; and

    We are distinctive from other media organisations there is no other public broadcaster like us; and

    As an organisation we are courageous in what we do.

    1.2.3 SBS Values SBSs Values articulate how and where we spend our time and resources (our focus), and how we engage with each other, both internally and externally. At SBS, we focus on:

    Commitment to audience. This means: delivering to and expanding our audiences interests; and providing services that are relevant and engaging to our audience.

    Making a difference. This means: Taking actions that contribute to a successful SBS; and Making a difference to Australia through our collective actions.

    Curiosity and creativity. This means: Seeking, thinking and delivering beyond convention; and Pursuing new ideas and imaginative solutions that support our shared direction.

    At SBS, we engage with each other through:

    Collaboration and openness. This means: Encouraging open discussion and constructive debate; and Working together to grow our enterprise and produce exciting outcomes.

    Professionalism and responsiveness. This means: Delivering on our commitments; and Being agile and responsive in making decisions and acting on them; and Upholding the decisions that are made.

    Honesty, respect and fairness. This means: Fostering honest, trusting and mutually respectful relationships; and Being fair, clear and transparent in the way we interact with each other.

    1.3 SBS Corporate Plan The SBS Corporate Plan outlines:

    the strategic priorities of SBS; and

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  • the goals of SBS for the five year period from July 2007 to June 2012; and the planning processes implemented to ensure SBS achieves its strategic goals and

    priorities.

    Please refer to Corporate Plan 2007-2012 for details of SBSs strategic direction and goals.

    1.4 Assumptions This Code of Conduct assumes that employees of SBS will observe and uphold relevant Federal and State laws and policy. Compliance with these laws is a fundamental requirement of employment at SBS.

    2. Code of Conduct

    2.1 SBS Charter, Purpose and Values All employees of SBS must, in the course of their employment, uphold and promote the Charter, Purpose and Values of SBS.

    2.2 General Behaviour It is expected that SBS employees will:

    treat other SBS employees and members of the community with honesty, respect, and fairness, courtesy and sensitivity;

    adopt a professional approach when dealing with other SBS employees and members of the community. A professional approach includes using appropriate levels of:

    skill; care; diligence; impartiality; and conscientiousness;

    comply with any lawful and reasonable direction given by another SBS employee who has authority to give it; and

    maintain high standards of work performance.

    2.3 Upholding SBSs Reputation SBS employees must not engage in any act that may compromise the reputation and integrity of SBS. This includes:

    Not taking advantage of their employment with SBS in a way that may compromise the reputation and integrity of SBS; and

    Being careful not to engage in activities in their private life that could adversely affect the reputation and integrity of SBS.

    2.4 Conflict of Interest Conflict of interest can be defined as:

    an employee having a direct or indirect involvement or interest in any matter or dealing with an external individual or organisation, and from which the employee could receive personal reward, remuneration or any other type of advantage as a result of the relationship of their position and that particular matter or dealing. (Section 25 SBS Accounting Manual)

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  • SBS employees must avoid any direct or potential conflict of interest that could compromise SBS, and/or disclose any current or potential conflict of interest to their managers. It is impossible to formulate an exhaustive set of guidelines regarding what constitutes conflict of interest. Therefore, in determining whether a conflict of interest has arisen or could potentially arise, Managers and/or employees must consider:

    the capacity of the employee to influence the dealings SBS may have with a third party; and

    the level of personal benefit to the employee or third party that may result from exercising that influence; and

    the extent to which the other interests/ employment may conflict with their responsibilities and obligations as an employee of SBS.

    Conflict of interest may result from:

    outside employment; involvement with political parties and groups; associations with community groups; financial interest (direct or indirect) in a supplier or SBS contractor; involvement with organisations or companies in competition with SBS; and holding of company or other directorships. Some examples of conflict of interest include:

    Working for or at any other media organisation or other competitor of SBS (e.g. Language Services provider);

    Using or misusing any SBS resources for personal, employment or other interests; Having a personal interest in a business that provides services to SBS; Running for Government office. An employee must notify their manager if any of the above situations apply to them. In many cases, only the employee concerned will be aware of the potential conflict. Therefore, it is the employees responsibility to notify their manager of any other situation that may result in conflict of interest. In respect of disclosure, SBS does not require information on any membership in organisations such as political parties and community groups except where there is a reasonable belief that such membership could give rise to a conflict of interest. Section 25 of the SBS Accounting Manual outlines procedures that are to be taken to disclose any direct or potential conflicts of interest. SBS expects employees to comply with those guidelines. Section 4 of the SBS Editorial Guidelines outlines additional guidelines on Conflict of Interest for program makers and content producers. SBS expects program makers and content producers to comply with those guidelines.

    2.5 Harassment, Bullying and Discrimination SBSs Elimination of Workplace Harassment policy outlines SBSs commitment to providing a workplace that is free from harassment, bullying and discrimination. The policy outlines obligations and expectations of employees, supervisors and managers in the prevention and elimination of workplace harassment, bullying and discrimination.

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  • No harassment, bullying and/or discrimination will be tolerated. In addition to being unlawful, such behaviour is a breach of this Code of Conduct.

    2.6 Gifts and Benefits SBS employees must not improperly use their position, status, power or authority to gain a benefit or advantage for themselves or others. SBS employees therefore must not accept or give gifts and/or benefits except where it is the custom and practice of a particular culture or organisation with which SBS is dealing. If an employee does accept a gift and/or benefit they must ensure that it is accepted on behalf of SBS, and inform their manager. Section 26 of the SBS Accounting Manual outlines SBSs policy and procedures relating to gifts and benefits. SBS expects all employees to comply with this section. A copy of the Accounting Manual is available on the SBS intranet (Finance site).

    2.7 Information, Facilities and Resources SBS employees must use SBS information, facilities and equipment in an efficient, careful and honest manner. SBS owns all intellectual property in any material developed and/or made by employees in the performance of their duties or in the course of their employment with SBS. Material includes but is not limited to copyright, specific knowledge, documentation, files, processes, technologies, databases, programs, recordings, films, musical compositions, software, trade secrets, etc. SBS employees may not:

    use SBSs information, property, services or facilities; or use material created in the course of their employment improperly and/or for their own or any other persons or organisations private benefit or gain. This obligation continues during and after employment with SBS. SBS employees must be mindful of the public interest and report any misuse of information, facilities or resources to management. SBSs Computer, Email and Internet Usage Policy outlines acceptable use of information technology resources including computers, email and internet. SBS expects employees to comply with this policy. SBS will not tolerate any breach