Code 4 - Material Not Suitable For Broadcast

This Code is from the Community Radio Broadcasting Codes of Practice (2025) and goes into effect on 1 July 2025. For information about the current Codes of Practice visit https://www.cbaa.org.au/community-broadcasting/codes-of-practice-current.

CODE

4.1 We will not:

a) simulate news or events in such a way that is likely to mislead or alarm listeners;

b) present as desirable the use of illegal drugs, the misuse of tobacco or alcohol as well as other harmful substances;

c) promote or encourage harmful or excessive gambling;

d) promote gambling, gambling information (other than prevention or support information) or gambling live odds immediately before, during, or immediately after sporting events;

e) broadcast material that is likely to be harmful to children, without giving reasonable warning;

f) present suicide as a solution to problems or broadcast details about suicide like method or location;

g) broadcast material that is likely to incite or encourage, or present for their own sake, violence, or brutality; or

h) broadcast material that expresses, provokes, or perpetuates hatred, serious contempt or significant ridicule of any person or group of persons because of age, disability, mental ill-health, medical conditions, sex characteristics, gender identity or expression, sexual orientation, race, nationality, culture, religion or being from a lower socio-economic community.

4.2 The application of 4.1 is guided by the context of the material. Material that is likely to cause harm and offence must be justified by context, and adequate protective measures provided. Code 4.1 does not prevent the legitimate presentation of factual material, a fair report of, discussion or a fair comment on, a matter of public interest or material that is humorous, satirical, artistic or dramatic in nature. When assessing context, including in relation to the assessment of complaints, factors to be considered will include the nature of the content including its genre, subject matter and editorial purpose, and our community interest.

4.3 Our programming decisions will align with contemporary community standards.

Privacy

4.4 We will not broadcast the words of an identifiable person or material that relates to a person’s personal or private affairs or invades a person’s privacy or intrudes into their private life, unless:

a) there is a clear public interest reason for the material to be broadcast; or

b) the person has provided informed consent, whether explicit or implicit, for the material to be broadcast (or in the case of a person under 16, a parent or guardian has given implicit or explicit consent).

4.5 We will exercise special care before using material relating to a child’s personal or private affairs in the broadcast of a report of a sensitive matter concerning the child.

GUIDANCE NOTE FOR CODE 4

Stations need to be mindful that the role of the community broadcasting sector is to unify not divide our communities. As our sector’s Roadmap 2033 affirms, our values are to work for community wellbeing and have a positive impact on people. 

Stations should therefore always exercise special care when making a decision to broadcast material that may cause harm and offence. Code 4 is designed to ensure that material that stations put to air meets community expectations and minimises potential harm or unnecessary offence to audiences.  Code 4.1 lists the types of material that are generally not acceptable by community standards.

GUIDANCE NOTE FOR CODE 4.1 C) AND D)

Community radio stations in Australia, as part of their broadcasting obligations, are required not to promote or encourage harmful or excessive gambling. This regulation aims to ensure that stations are socially responsible and do not contribute to problems like gambling addiction or financial distress in their communities. The line between what is permissible and what is not can be understood through the following guidelines:

What community radio stations can do:

Broadcast informational content about gambling:

It is acceptable to air factual content that provides information about gambling, such as how certain types of gambling work, the laws surrounding gambling, or discussions on the role of gambling in society. However, this content must be neutral and not framed in a way that encourages participation in gambling activities.

News reports on gambling-related events (e.g., horse races, lotteries) are permitted, but they should be handled carefully to ensure they don't glamorise or encourage gambling.

Discuss gambling issues:

Stations can produce programs or segments that discuss the social, economic, and personal impacts of gambling, especially if the focus is on raising awareness of problem gambling and providing information on where to seek help (such as promoting resources like gambling help services).

Interviews with experts on gambling addiction, gambling regulation, or personal stories of overcoming gambling problems are examples of educational or socially constructive content.

Promote responsible gambling messages:

Stations can air public service announcements (PSAs) or sponsored content that promotes responsible gambling practices, provided these messages are clear about the potential harms of gambling and offer advice on gambling in moderation.

Programs might also include information on how to gamble responsibly, such as setting limits on spending or time, as long as it is done in a non-encouraging, educational context.

What community radio stations cannot do:

Encourage participation in gambling:

Stations cannot promote or encourage gambling in a way that suggests it is a desirable or exciting activity. This includes programs, promotion, or announcements that glamorise gambling, make it seem like an easy way to make money, or downplay the risks involved.

Direct calls to action that encourage listeners to participate in gambling activities, such as saying "Go out and place a bet" or "Join us at the casino for a chance to win big," are prohibited.

Broadcast gambling promotion (in certain contexts):

Promotion of gambling products or services that promote excessive or harmful gambling is not allowed. This includes promoting casinos, online gambling platforms, sports betting agencies, or similar services if they are framed in a way that encourages participation.

Even if a gambling-related service (e.g., a local lotto or sweepstakes) sponsors the station, any sponsorship broadcast must not glamorise gambling or suggest that gambling leads to success or happiness.

Promote gambling events without a responsible gambling focus:

The promotion of gambling-related events such as poker nights, betting competitions, or lotteries must not focus solely on the gambling aspect or encourage people to gamble excessively. If gambling-related events are discussed, it’s crucial that the station includes messages about responsible gambling or provides harm-minimisation information.

Downplay the risks of gambling:

Material broadcast should not trivialise the risks associated with gambling, such as addiction or financial loss. Stations cannot broadcast content that makes light of gambling losses or encourages the idea that gambling is harmless entertainment without consequence.

Feature testimonials or success stories of gambling wins:

Broadcasting personal stories or testimonials that celebrate gambling wins without discussing the risks involved can be seen as promoting gambling. These kinds of narratives may encourage listeners to gamble excessively in the hope of achieving similar success.

Where is the line?

If the station broadcasts content that directly or indirectly encourages listeners to engage in gambling (through excitement, promise of financial reward, or social pressure), that would be crossing the line.

Content that provides balanced, factual information or highlights the potential harms of gambling (without glamorisation) would be considered appropriate and is in line with community broadcasting regulations.

Examples of what is permissible vs. not permissible:

Permissible:

A segment discussing gambling addiction in the community, where experts explain the warning signs and offer resources for those affected by problem gambling.

Not permissible:

A show where the host casually promotes gambling by highlighting their personal betting wins or discussing the thrill of gambling without also discussing the risks involved.

Permissible:

Announcing community-run charity raffles or low-stakes bingo nights, as long as the focus is on the charitable aspect and not the gambling.

Not permissible:

A broadcast segment encouraging listeners to bet on sports, especially if it highlights only the potential for winning and not the risks of losing.

Best approach for community radio stations:

Regularly monitor content:

Have clear editorial guidelines for presenters, producers, and volunteers to ensure that content complies with gambling restrictions. Regular reviews of content related to gambling should be conducted to ensure compliance.

Include responsible gambling messaging:

If gambling-related topics are discussed, stations should include disclaimers or messages that encourage responsible gambling practices and provide resources for problem gambling support.

Collaborate with responsible gambling organisations:

Partner with organisations that work on gambling harm minimisation to air PSAs or segments about the risks of gambling and how to get help.

Training for presenters:

Ensure that the everyone working on material broadcast by the station understands where the line is when it comes to gambling content and broadcasters are trained to talk about gambling responsibly without promoting it.

GUIDANCE NOTE FOR CODE 4.1 F)

Suicide is a complex issue and broadcasters are faced with the questions about whether to report and how to report. Community broadcasters can play a powerful role in raising awareness and about suicide prevention, however, stories about suicide also have the potential to do harm. This Code reinforces the need to proceed with caution when considering reports about suicide attempts and deaths. Code 4.1 f) prohibits broadcasters presenting suicide as a solution to problems and the details about suicide such as method and location.

Mindframe have a suite of resources to assist journalists and broadcasters communicate about suicide. These include:

Reporting suicide and mental ill-health: a Mindframe resource for media professionals

Guidance for language and discussing method and location

Guidance for social media

GUIDANCE NOTE FOR CODE 4.2

Code 4.2 recognises that sometimes there will be reasons to broadcast what would otherwise be regarded as unsuitable material in Code 4.1, and that the context in which material is broadcast is relevant to whether or not it can be put to air.

These reasons include:

where it is clear that the station is not recommending or endorsing the harmful or offensive material, but merely informing listeners that it has been said where there is a public interest reason to do so.

For example:

“fair report” in this context generally means a summary of a proceeding or event which intends to honestly convey to the audience what they would have seen or heard had they been present e.g., a summary of a court hearing or parliament.  To be fair, it must not exclude important information that would change the perception what actually happened. For example, if during parliament a politician called another politician an embezzler, then retracted it and apologised, it would not be a “fair report” to report the accusation and not the retraction/apology;

“fair comment” includes an honest opinion about a factual matter, not something made up;

when used in both of the above context, “fair” doesn’t refer to the harmful or offensive content (which may itself be unfair or prejudicial), but to whether the broadcast fairly represents something that was said or happened;

it has to be on a matter of public interest, so would not include, for example, information about someone’s private life (unless for example, that exposed a hypocritical stance taken by a public figure on a public issue) or rumour or gossip.

The exception also applies in the context of recognised situations (humour, artistic or dramatic material) where freedom of creative expression overrides the risk of harm or where humour or satire is, for example, designed to expose prejudice, rather than support it. A racist joke by a presenter will not attract the protection of Code 4.2, but a station’s accurate report which includes and contextualises a public figure’s offensive statements will likely be protected.

GUIDANCE NOTE FOR CODE 4.4 AND 4.5

Community broadcasting is all about supporting our communities of interest, not seeking to intrude on them. Codes 4.4 and 4.5 are focused on ensuring that other than in most necessary circumstances, stations will steer clear of coverage that involves people who are vulnerable due to their circumstances or age.

Code 4.4 requires stations to consider a clear public interest reason to broadcast private material about a person or the person has provided informed consent. It is best practice to have written consent from interview subjects.

When considering whether someone has given consent, stations need to be satisfied that the person has been properly informed of what is to be broadcast and appreciates the consequences of airing private information about themselves.

Informed consent means that the station has been upfront about how the person will be involved in their broadcast – for example, the nature and purpose of the program, why they have been asked to contribute, what is likely to be covered, whether it is live or pre-recorded, whether others will be present and whether the program will be edited.

Stations should also consider if the person has the capacity to consent – for example, if they appear to be in a vulnerable personal or health situation, they may not fully understand what they are agreeing to.

While the Codes allow for the person’s consent to be explicit or implicit, it is good practice for stations to get a written or recorded release where possible so that there is no doubt, recognising that in some cases – for example during a bushfire or flood emergency - this may not be practical.

Stations should also ensure they have complied with all legal obligations around identifying children and victims of crime. The laws on what you can and can’t report vary from state to state, so it is important to check what applies to your station. If a case is before a court, you may find helpful information on reporting restrictions on the court’s website. It is always best to be cautious as there can be major penalties for contempt of court or breaching restrictions set out in legislation.

While a person may have given consent at a particular time, it may not be appropriate to identify them in the future. As an example of this, the case studies for Code 5(1)(f) guidance have removed the names of the victims involved in the incidents mentioned. Two are people who suffered harm from being wrongly identified. The other is a young child whose name was made public when they were kidnapped and later found. All were victims and there is no ongoing public interest in their name being discussed. As in these examples, the rights of victims to return to their former privacy should be considered. This may not be an issue for those seeking to remain in the public eye, for example people who are trying to raise awareness of their situation or a cause.