Below is the formal announcement made by the Government yesterday:

The development of a code of conduct is part of the Government’s response to the ACCC’s Digital Platforms Inquiry final report to promote competition, enhance consumer protection and support a sustainable Australian media landscape in the digital age.

In its final report the ACCC identified that Facebook and Google have each become unavoidable trading partners for Australian news media businesses in reaching audiences online, resulting in an imbalance in bargaining power.

In December last year, the ACCC was directed by the Government to facilitate the development of voluntary codes to address bargaining power imbalances between digital platforms and news media businesses. The Government indicated at the time that if an agreement was not forthcoming, the Government would develop alternative options to address concerns raised, which may include the creation of a mandatory code.

The Government has decided that the original timeframe set out in its response requires acceleration. The Australian media sector was already under significant pressure; that has now been exacerbated by a sharp decline in advertising revenue driven by coronavirus. At the same time, while discussions between the parties have been taking place, progress on a voluntary code has been limited according to recent advice provided by the ACCC following a request by the Government for an update. The ACCC considers it is unlikely that any voluntary agreement would be reached with respect to the key issue of payment for content.

As a result, the Government has instructed the ACCC to develop a mandatory code to address commercial arrangements between digital platforms and news media businesses. Among the elements the code will cover include the sharing of data, ranking and display of news content and the monetisation and the sharing of revenue generated from news.

The mandatory code will also establish appropriate enforcement, penalty and binding dispute resolution mechanisms.

A draft mandatory code will be released for consultation by the ACCC before the end of July, with a final code to be settled soon thereafter.

The Government is delivering a regulatory framework that is fit for purpose and better protects and informs Australian consumers, addresses bargaining power imbalances between digital platforms and media companies, and ensures privacy settings remain appropriate in the digital age.

—

Top Photo:  Ministers Paul Fletcher and Josh Frydenberg reveal plans to make digital platforms pay publishers

ViacomCBS Australia and New Zealand chief content officer and EVP, Beverley McGarvey, said: “Having the ACCC develop the Code(s) was always the best option as they are the experts in ensuring a level playing field in commercial bargaining environments. We look forward to meaningful discussions with the competition regulator and the Government in the weeks ahead.

“It’s important to remember that digital platforms have been benefitting from all of our program-related content for years so for the Code to be truly meaningful it needs to cover all premium content developed by a media company, not just news.”

The Media, Entertainment & Arts Alliance (MEAA) said moves to make digital platforms begin to compensate media organisations for the content they have been using for free will go some way towards providing a sustainable future for public interest journalism in Australia.

MEAA Media federal president Marcus Strom said: “The government has realised that voluntary codes don’t work when there is a bargaining power imbalance. Google and Facebook have in part grown off the back of news content. The creators of that content, news media outlets, have suffered while still producing vital public interest journalism.

“Google and Facebook will now be required to negotiate responsibly with news media and start paying for the content they have exploited for free.

“MEAA supports the development of a mandatory code and we will scrutinise the draft legislation carefully. MEAA intends to monitor the distribution of the funds which we believe should support emerging and future journalism, not just existing media outlets,” Strom said.

Seven West Media CEO James Warburton said: “This is a welcome move from the Australian Government – not only to act, but to lead internationally on this critical issue.

“The media industry is dependent on the value of its content being recognised by all users – foreign digital platforms in particular. In the past month our news content alone has reached millions of Australians – it’s only right when this is accessed via third party platforms its creators are fairly compensated.

“We fully embrace the opportunity to work closely with the government and the ACCC to implement this long-awaited action.”

Free TV chief executive officer Bridget Fair said: “It has been clear from very early on that negotiations for a voluntary Code of Conduct were essentially a delaying tactic for the digital platforms in the hope that these issues would blow over.

“Today’s decision is groundbreaking, and we are grateful to the Morrison Government for their commitment to ensuring that Australians will continue to have access to quality Australian content.

“Commercial broadcasters are currently experiencing tectonic forces pulling in opposite directions – record numbers of viewers tuning in to a trusted free service and at the same time a huge hit to their ability to pay for the content viewers value so highly. And the inability of Australian media companies to negotiate fair value for their content with global digital platforms is a big part of that equation.

“The mandatory Code is a crucial step forward for Australian media and more importantly for the millions of Australians who want their local broadcast services to provide them with trusted news and shared entertainment experiences.”

Joan Warner, Commercial Radio Australia CEO, said: “We welcome the Government’s move to redress the power imbalance between digital platforms and Australian media.  We will continue to work constructively with all parties.”

News Corp Australia executive chairman Michael Miller said: “For two decades, Google and Facebook have built trillion dollar businesses by using other people’s content and refusing to pay for it.

“Their massive failure to recognise and remunerate creators and copyright owners has put at risk the original reporting that keeps communities informed.

“The decisive move by the Australian Government to go directly to a mandatory code of conduct between the international tech giants and Australian news media companies is a vital step that can help secure the future of Australian journalism.

“Following the Australian Competition and Consumer Commission’s (ACCC) world leading inquiry into the impact of the platforms on the news media industry last year,  this announcement is the type of progressive leadership our country deserves.

“The Australia media industry is at a tipping point and a mandatory code that leads to the platforms paying a fair – and very significant price – must be put in place urgently.

“It is essential the mandatory code corrects the power imbalance between the tech platforms and local news media companies and sets rules that lead to the platforms finally paying for the news content they take and profit from.

“The platforms have had many years to act fairly and have chosen not to, and steps like the one now taken by The Australian Government are now finally necessary.

“The rush of audiences back to trusted news sources during the COVID 19 crisis has been a powerful reminder that real journalism must not be destroyed by companies that take it for their own use and refuse to pay.

“I look forward to working through the process to get this code of conduct in place for the start of the next financial year so it can make a material contribution to the future of our industry.”

Hugh Marks, Nine CEO said: “We congratulate the Government for taking swift and decisive action on this important issue. Now more than ever, it’s important the global technology companies take some responsibility for contributing to our society through financially supporting the creation of quality Australian content. We look forward to working constructively with the Government to get the settings in place for this to operate in a simple manner.”

Today we start with ARN national content director Duncan Campbell.

Network highlights

On a 18.1% share, this the ARN’s sixth survey in a row as #1 national network

Sydney

#1 and #2FM Breakfast for The Kyle & Jackie O Show and Jonesy & Amanda in the Morning

#2 and #3 FM Station for WSFM and KIIS 1065

Melbourne

#1FM Station for the fifth consecutive survey for GOLD 104.3 and #1FM Breakfast for GOLD104.3’s The Christian O’Connell Breakfast Show for the second consecutive survey

Brisbane

#1FM Station for 97.3FM growing in listenership to 560,000, their highest audience since 2015

Adelaide

#1 Station overall for Mix 102.3 & #1FM Breakfast for Mix 102.3’s Jodie & Soda with Erin Phillips with 21st consecutive win

Perth

#2 overall station and Breakfast for 96FM and Botica’s Bunch

ARN been #1 network around the country for six consecutive surveys which is a good achievement at the start of the survey break.

Campbell told Mediaweek: “In addition to ARN being #1, KIIS network is also #1 ahead of Nova and Pure Gold equal #2. It demonstrates the high level of strength we have as a network and the consistency we deliver.

“That should give advertisers lots of confidence about our product as we head into a period with no regular surveys.”

Campbell said along with the good results are some challenges. “We have seen a shift to talk in most markets this survey. Workdays in general seem to be very strong, although the commute has been impacted.

“We had a huge result in Melbourne for the Gold workday figures. We are very well positioned with Gold and then we have the duopoly in Sydney #1 and #2 FM breakfast shows and the #1 and #3 FM stations.

“In Brisbane 97.3 is equal #1, Adelaide is #1 and Perth is #2.

“Some networks have taken a dip as there is some adjustment in listening, but we have remained very strong and consistent.”

While some still point the finger at KIIS Melbourne as being an underperformer by the brand’s own high standards, Campbell pointed out: “I keep coming back to this. [KIIS 101.1] has got a cume of nearly a million and the cume increased this survey. That is a real sign of a station’s strength. If you are losing cume over a trend then you have a systemic issue with the station.”

Campbell reminded us that the station had recently renewed the contracts of Melbourne KIIS breakfast hosts Jase and PJ. “It is really going to work at some point. If the cume wasn’t there I would be much less positive. We just have to convert that cume, not an easy thing to do in a market like Melbourne which is so competitive and full of heritage breakfast shows.”

Campbell also talked about the improved ratings at WSFM which came after a content director replacement. “We put Mike Byrne in there, and he put some basics back into place and we’ve just had a cracker of a survey with cume up to 850,000.” Morning announcer Mike Hammond of course is another of the reasons for the good numbers as WSFM, following on after Jonesy and Amanda each weekday morning. Steve Fitton is also strong in afternoon.

Campbell said the listening patterns shouldn’t change too much more despite the lifestyle disruptions. “Listening has changed a little in terms of dayparts and stations. Like any network we will be prudent about maintaining the [spend] on breakfast benchmarks and then something across the day. We will pull back on any major marketing investment.”

See also:
Radio ratings analysis: Listening up during COVID-19 lockdown

“We’re thrilled to have Stevie on board to lead our new music stations,” said Greg Byrnes, Nine Radio’s head of content. “He’ll be heard between 6am and 10am each weekday, playing the best music from the 70s, 80s and 90s, along with classic album tracks. And his breakfast show will include the very latest news, sport, weather and traffic from the Nine Radio newsroom.”

Best known to audiences as the weatherman on the Today show for 15 years, Jacobs move marks a return to radio where he began his media career, hosting a widely syndicated top 10 countdown show. At the time he had his own studio and record label and interviewed countless music stars along the way.

“I’m so thrilled to be back in the studio,” said Jacobs. “I’m a huge fan of radio and can’t wait to dive into the classics from the 70s to the 90s across our four music stations.”

Nine announced two months ago that it would launch a music format playing the best of the 70s, 80s and 90s on its stations in Sydney, Melbourne and Brisbane, along with digital radio in Perth.

The first ratings for the new stations indicate that Jacobs faces a big challenge to grow the audiences. At present the breakfast shares, and the very first for the new format, for the east coast metro stations are Sydney 0.4%, Melbourne (no figure meaning it is less than 0.1%) and Brisbane 0.4%. There is plenty of upside.

The new stations soft-launched on February 2 and are available in digital quality via online, apps, smart speakers and DAB+ as well as on 2UE 954AM in Sydney, Magic 1278AM in Melbourne, 4BH 882AM in Brisbane and 6GT DAB+ in Perth.

Nine Radio’s new breakfast show with Stevie Jacobs will commence on Monday, April 27.

—

Top Photo:  Jacobs and McCartney. Nine’s new music breakfast host Stevie Jacobs with one of music’s greatest

This claim comes from the regional publisher after it shutdown many of its non-daily titles recently.

The audience modelling comes as ACM’s 14 daily newspapers, including The Canberra Times and the Newcastle Herald, unite today to send a powerful front-page thank you message to Australia’s army of front-line healthcare workers.

Under the headline ‘Thank you all’, the publications feature the faces of 14 courageous local health workers from across NSW, Victoria, Tasmania and the ACT who are helping in the fight against the COVID-19 pandemic.

ACM’s daily mastheads, which also include The Border Mail, Illawarra Mercury, Bendigo Advertiser, Ballarat’s The Courier and Launceston’s The Examiner, and its leading agricultural weeklies such as The Land and Queensland Country Life are unaffected by temporary printing changes taking effect from April 20.

ACM chief marketing officer Paul Tyrrell said: “Messages like our thank you to public health workers will continue to reach a very large audience with the latest EMMA readership data showing ACM would now reach about 6.9 million* Australians each month as we temporarily suspend printing of some of our non-daily newspapers.”

Tyrrell added ACM would continue to provide essential news coverage to digital subscribers and that “ACM is committed to its role as the trusted voice of the areas in which we operate and we will be working to keep those communities connected and informed”.

ACM also highlighted Nielsen digital audience numbers: “March Nielsen data showed over 5.5 million** UAs, which was 30% up from February and 42% up on the same time last year, which continues our upward trajectory in audience volumes,” Tyrrell said.

ACM chief revenue officer Tony Kendall added that ACM’s network of local audiences were loyal and highly engaged. “We are open for business and we have the audience volumes and the trusted environments to help our clients deliver their message to markets,” Kendall said.

Customer-focused initiatives have been put in place to help businesses through this challenging time including an E-commerce Small Business solution aimed at helping local traders who usually rely on foot traffic to operate in a remote digital landscape.

“We have a plug and play integrated solution at highly discounted rates to help small businesses navigate their way into the exciting opportunities e-commerce presents,” Kendall said.

“To support local businesses trying to communicate with customers and help readers stay across changing trading hours and restrictions, ACM has also launched a free Open for Business portal across all websites, which has proven to be a real hit with clients and readers alike.”

ACM’s online network continues its free rolling coverage of local, state and national COVID-19 related news and information to ensure audiences are as well-informed as possible on government updates on public health and safety as well as income support programs.

—

Source: *EmmaTM conducted by IPSOS MediaCT: Jan-Dec 2019, ACM portfolio monthly total (print & digital, deduplicated)
 ** Nielsen Digital Content Ratings, March 2020

‘Light up the dawn’ asks the public to pledge their involvement in a 6am at-home vigil that will replace the traditional march that has been cancelled due to COVID-19.

RSL Queensland State President Tony Ferris said: “This year Anzac Day will be different, and we want every Australian to have an opportunity to take part in this important national moment of appreciation for service people past and present. The qualities evoked by the ANZAC spirit – ingenuity, humour, endurance, courage and mateship – are more important now more than ever.”

OMA CEO Charmaine Moldrich said, “We applaud RSL Queensland for bringing this inspired idea to life. With ANZAC Day services, events and parades cancelled, Australia needs a beautiful gesture like this to galvanise us to celebrate and commemorate the ANZAC spirit. OMA members are honoured to be part of these efforts, using our digital network of screens to do what we do best: get the word out for a momentous event that will bring us together.”

‘Light up the dawn’ takes place on the 25th of April at 6am and includes a commemorative service which will stream from the RSL ANZAC Spirit website and on participating radio stations. When Australians pledge their place on the RSL website, they can download a flyer and place it in their neighbour’s letter box to get their whole community involved. 

The show will aim to bring real perspectives from inside the private world of stars, creating new opportunities for fan, athlete and brand engagement.

Each of the 48 episodes will feature talent representing multiple sports, both team and individual, based in Australia and abroad. Audiences will get to ask their favourite athletes questions, see them share their most valued personal possessions and learn how they are staying sane at home.

Episode One features Australia’s most-capped netballer, Liz Ellis, taking on the challenge of managing the entertaining dynamics and banter between Boyd Cordner, Helen Housby, Dan Carter and Michael Cheika.

AthletesVoice & The Roar CEO, Kerry McCabe, said: “The reality right now is that our athletes have been stood down without pay or on reduced pay, sports lovers have little to watch, and brands have lost opportunities for engagement with this valuable audience. There are only so many trick-shot challenges, re-runs and greatest ever lists we can all take. We decided to work with these stakeholders and Facebook to create and evolve a product to enrich the lives of sports lovers who number seven million plus. We want to help fill the content void and support athletes through what will be a quite different sports industry and media landscape in the future.”

Kerry McCabe

With lockdown restrictions the show relies on cameras inside living rooms, kitchens and home offices of some of the world’s most celebrated sports stars, with the show created and curated by the athletes themselves.

Commenting on the partnership, Karren Rogers, ANZ Sports Media Partnerships at Facebook, said: “Right now we’re all craving more personal connections in our daily lives. ATV can hopefully serve as a great companion during this time and we’re excited for Facebook Watch and IGTV to help create some much-needed connection around this content.”

Commenting on Pantene’s sponsorship of Episode One, Stephanie Doyle, Assistant Brand Manager at Procter & Gamble, said: “Sport, and everything it represents for millions of Australians, remains an extremely valuable territory for us, even while sport itself is forced to take time-out. By partnering with some of the biggest and most influential names in sport, ATV provides a strong, clear and well-timed opportunity for us to connect with Australians around the key messages of our #weareunbreakable campaign, in a format that is authentic for its audience.”

Commenting on being involved in the first show, Rugby League star and Sydney Roosters co-Captain, Boyd Cordner, said: “Being cut off from our followers has been one of the hardest parts of life as a professional athlete during these crazy times, so to be able to welcome the people that matter most to sport into our homes through ATV is a great thing to be a part of.”

Boyd Cordner – Australia & NSW Rugby League Captain
Helen Housby – England & New South Wales Swifts sharpshooter
Dan Carter – All Blacks Legend
Michael Cheika – Former Wallabies Coach
Liz Ellis – Australian Netball Legend

The projects include family drama The Midwife from the producers of Bloom; a comedy from Kitty Flanagan called Entitled; season two of YouTube sensation Meta Runner; and the debut feature film from artist Del Kathryn Barton who is teaming up with Causeway Films on Puff.

Sally Caplan, Screen Australia’s Head of Content said:

“We’re blown away by the projects in this slate and it’s great to see such a wide range of genres. I am particularly delighted to support Puff, the directorial debut of renowned artist Del Kathryn Barton, who has co-written with Huna Amweero one of the most distinctive, moving scripts I have read for a long while. We’re also thrilled to support so many high quality television productions coming through.”

“Screen Australia is very much open for business and will continue to fund great ideas. This challenging time for the sector will pass, and when it does we can’t wait to see these projects come to fruition.”

The funded features include:

• Puff: The first feature film from award-winning visual artist and writer/director Del Kathryn Barton (The Nightingale and the Rose).
• The Unknown Man: A crime thriller is inspired by the true events the feature film is written and directed by Thomas M Wright (Acute Misfortune), and stars Joel Edgerton and Sean Harris. 
• Ellie and Abbie (& Ellie’s Dead Aunt) has received completion funding and is Written and directed by Monica Zanetti and produced by MahVeen Shahraki and Patrick James, the film stars Sophie Hawkshaw, Zoe Terakes, Marta Dusseldorp, Rachel House and Julia Billington.

While the funded television projects are: 

• Entitled: A six-part series for the ABC written, directed by and starring comedian Kitty Flanagan. 
• The Midwife (working title): A family drama about the dedicated staff in the maternity ward of a major city hospital, produced by Playmaker Media for Nine.
• The Newsreader: A six-part drama for the ABC from Werner Film Productions, which follows the unlikely bond between a young TV reporter and a ‘difficult’ female newsreader. 
• The Unusual Suspects: A four-part drama for SBS about a migrant workforce of tough, funny, courageous women who join forces with the wealthy women they work for, to engineer a jewellery heist. 

Funding has been given to the children’s television project The Strange Chores series 2, and the funded online projects Meta Runner Season 2 and The Power of the Dream.

—

Top Photo: Kevin and Luke Lerdwichagul, Kitty Flanagan

Monday news highlights
Seven News 1,267,000/1,203,000
Nine News 1,201,000/1,139,000
7.30 968,000
ABC News 955,000
A Current Affair 904,000
Four Corners 777,000
Media Watch 702,000
The Project 439,000/684,000
10 News 496,000/321,000
Q+A 488,000
Sunrise 317,000
The Drum 279,000
SBS World News 239,000
Today 237,000
Morning Show 233,000
ABC News Breakfast 216,000

Nine: Lego Masters was a blast – literally and in the ratings. The numbers are down year-on-year, but the program is leading the pack at 7.30pm on a night when there was plenty of alternatives in the schedules of the FTA broadcasters. The Monday challenge was won by Summer and Iona and had something to do with jumping the shark. The second episode audience was 1,049,000 after 1,239,000 on Sunday.

Nine then launched the first of the two-part mini-series Informer 3838. There was no Greg Haddrick or Peter Gawler (Underbelly writer/producers) involved, but it was unmistakeably an Underbelly instalment with character voiceovers, slow motion walking, drug taking, violence and nudity. One trademark constant with Informer and Underbelly was production house Screentime. The episode did 644,000 which was easily enough to win the timeslot and is a strong number for a drama that started around 9pm and finished close to 11pm.

Nine also showed off a trailer for Halifax: Retribution during the show, a series that counts former Underbelly writer Peter Gawler as part of the team.

Newsreader Peter Overton then had to work late, presenting the Late News until close to 11.30pm with 233,000 watching.

Seven: The channel’s strengths remain the 6pm News, Home and Away and 657,000 and the leading breakfast show Sunrise.

House Rules: High Stakes just made the top 20 with 559,000, close to 548,000 a week ago. 9-1-1 followed with 314,000.

10: The Project continues to report strong numbers with 684,000 after 7pm with Tom Tilley reporting on the day he launched his new PodcastOne series The Briefing.

MasterChef featured a BBQ group challenge on a St Kilda beach where three teams had to feed 1,200. The losing team is into a pressure test tonight with a second person to be eliminated. It was the first episode to dip below 1m with 916,000.

The final episode of this season of Hughesy, We Have A Problem did 332,000.

ABC: 7.30 managed to outrate ABC News last night with a coronavirus special at 7.30pm with 968,000 watching. After 8pm Leigh Sales fired the questions at Malcolm Turnbull in his first interview to promote his new book in an extended episode of the daily current affairs show. The second half hour rated 940,000.

David Speers was then in primetime and it wasn’t election night. He hosted a Four Corners special on the cost of Coronavirus. The episode did 777,000. Media Watch then did 702,000 followed Q+A on 488,000.