Article Abstract
Vol 5 No 4 - December 2000

The law of genre: datacasting and the Broadcasting Services Act 1992 (Cth)
Marett Leiboff, Lecturer, Faculty of Law, Queensland University of Technology

Datacasting, a form of computer-based 'television' is being introduced as part of the commencement of digital television into Australia. This article argues that the rules establishing the new datacasting regime seriously limit the scope for the development of datacasting as a communications technology in Australia. The nature of this limitation, through the use of a content-based legislative device relying on television 'genres', aims to distinguish datacasting from television, in particular so that it does not look like commercial television. The provisions are part of the licence conditions applicable to datacasting, but the use of such a pliable concept as genre as the definer of datacasting creates uncertainty in law. The consequence is that datacasting will be an unattractive proposition for new entrant datacasters, thus allowing incumbent broadcasters who are prevented at present from becoming datacasters, to enter the field in the future.

 

 

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