Network Ten is flummoxed by the regulator's finding that a pro-family ad directing viewers to an anti-abortion site should have aired with a political authorisation statement.
The decision raises questions about whether advertisements about ideologically controversial issues should always be interpreted as a political ad, which the law defines as "any political matter".
![A still from the notbornyet ad that ACMA says was political and should have aired with an authorisation statement.](/web/20170311200010im_/http://www.theage.com.au/content/dam/images/g/u/u/d/f/x/image.related.articleLeadwide.620x349.guucej.png/1489040814519.jpg)
The television network says the Australian Communications and Media Authority's (ACMA) ruling may draw too many advertisements into the scope of political advertising if it covers any issue that is regulated or not or has ever been the subject of political debate.
"The advertisement had been cleared by Commercials Advice [Division of Free TV] partly based on previous ACMA decisions on what does and does not constitute political matter," a network spokesman said on Thursday.
![The media regulator has decided abortion is a contentious political issue and any ads about it should be considered ...](/web/20170311200010im_/http://www.theage.com.au/content/dam/images/g/j/e/h/o/a/image.related.articleLeadwide.620x349.guucej.png/1489040814519.jpg)
"It was not broadcast during an election period or during a period when there was any level of active public debate about the regulatory framework for abortion in Western Australia."
A spokeswoman for Free TV, which advised Ten, said broadcasting it as a non-political ad "complied with relevant regulatory requirements" and it will review the ACMA's decision.
The advertisement in question features a middle-aged man talking about how, despite initial fears, he has coped with fathering seven children. He then encourages viewers to visit website notbornyet.com.au. The ad screened in Perth only on September 7, 2016.
The ACMA received a complaint in September 2016 that the ad was part of a campaign run by Emily's Voice – a group seeking to reduce abortion rates in Australia – and should have contained particulars about which organisation approved the ad.
The regulator on Thursday morning announced an investigation found Ten was in breach of the Broadcasting Services Act by failing to broadcast who authorised the advertisement and the name of speakers. There are no penalties for breaching the act.
"The ACMA is of the view that a key purpose of the advertisement was to promote the aims and objectives of Emily's Voice and to change people's view about abortion, and as a consequence, build a broader constituency that opposes abortion in a contemporary context in which the laws about abortion continue to be actively debated in Australia," the investigation report noted.
"For this reason, there are strong political dimensions to the advertisement."
It noted the ad did not promote a product, service, industry group, religion or solicit donations but does "promote a particular point of view".
"Although the political message of the advertisement is subtle, and it does not mention the term abortion, the ACMA considers that the ordinary reasonable viewer would perceive the advertisement to have an anti-abortion message."
The ACMA decided Emily's Voice is an interest group seeking to influence public policy and opinion, and that abortion law reform was a topic in Western Australia in 2016.
Emily's Voice is based out of the Christian Toowoomba City Church and its chief executive is Paul O'Rourke, who is a former editor of the Australian Christian Lobby's Viewpoint magazine.
Meanwhile, Network Ten told the ACMA during its investigation the ad did not advocate for changing the laws and was not aired during an election or campaign period.
Ten said ACMA's context for finding Emily's Voice a political organisation – that it encourages Australians to vote for candidates who value the unborn – was so remote to the ad that it could not reasonably be considered political.
"Ten is very concerned about the introduction by the ACMA of the concept that a subject matter or issue can be categorised as inherently a political matter ... the very fact that regulations exist around pregnancy terminations does not render the topic inherently political," Ten noted in its response to the ACMA's preliminary finding.
It noted that "campaigns encouraging certain social or health behaviours are not automatically political ... It is not a political matter to state that if a woman or couple faced with an unexpected pregnancy choose to continue with the pregnancy, support is available and the experience potentially rewarding."
It noted that in 2012 the ACMA found a radio ad by the politically active NSW Minerals Council was not political and did not need authorisation. In that instance the regulator decided it was not political because the NSWMC was "clearly an industry promotion" by an industry body.
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