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Media barons face new test

A TEST of public interest, enforced by a new, tougher umpire is the federal government's great hope for protecting the country's media from being taken over by too few voices.
By · 2 Feb 2012
By ·
2 Feb 2012
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A TEST of public interest, enforced by a new, tougher umpire is the federal government's great hope for protecting the country's media from being taken over by too few voices.

While the government's convergence review is not set to report until next month, Communications Minister Stephen Conroy said yesterday the review would include a strong recommendation for a public-interest test to ensure diversity of ownership.

Senator Conroy, who has publicly argued in favour of a public-interest test, said the review had already made a draft recommendation for a test on diversity. However, there has been no decision on how a public-interest test would be decided and enforced.

The review was set up to overhaul media regulation in view of the fast rise of digital media, such as online news sites and digital TV. The final report will also take into account findings from the Independent Media Inquiry (the so-called Finkelstein inquiry) and the Australian Law Reform Commission's review of the National Classification Scheme.

Since the review was announced, there has been intense speculation that it will lead to a weakening of the media ownership rules, freeing up News Ltd, Gina Rinehart and others to acquire bigger stakes in diverse media companies. But the review's chairman, Glen Boreham, rejected this.

Releasing his interim report in December, Mr Boreham said there would still be a maximum number of media entities that anyone was allowed to own in each market. He said change was needed because the current cross-media rules were becoming less effective as new platforms emerged.

"Internet delivery means many of these entities operate across a range of platforms and wider geographical areas than their licence allows," he said. "The 'two-out-of-three rule' does not take into account a range of outlets, such as national newspapers, internet platforms, IPTV or subscription TV. Far from removing media diversity rules, the review wants to update regulation to recognise the full range of media entities now relevant to diversity."

The interim report also recommended a new independent regulator for communications, with tougher powers than the present watchdog, the Australian Communications and Media Authority.

Under current rules, Mrs Rinehart cannot own more than 15 per cent of Fairfax and Ten Network, the two companies in which she already has a stake.

THE BIG PLAYERS

GINA RINEHART

Hancock Prospecting

Fairfax Media 14% (Includes The Age, The Sydney Morning Herald, Australian Financial Review, Canberra Times, 3AW, Magic 1278, 2UE, RSVP, regional and

suburban newspapers and media in New Zealand and the United States)

Ten Network 10%

JAMES PACKER

Consolidated Holdings

Consolidated Media

Holdings 50% (includes interests in Fox Sports and Seven Group Holdings)

Ten Network 9%

MURDOCH FAMILY

News Corporation 39.7%*

(Includes News Ltd, FPC Magazines, community newspapers and interests in AAP and Fox Sports)

LACHLAN MURDOCH

Illyria

Ten Network 9%

Nova/Vega radio 50%

Prime Media Group 9%

KERRY STOKES

Australian Capital Equity

Seven Group 68% (Includes West Australian Newspapers, Pacific Magazines, Channel Seven, Yahoo!7)

BRUCE GORDON

Bireketu

WIN Television 100%

Ten Network 10%

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Frequently Asked Questions about this Article…

The convergence review is recommending a public-interest test designed to protect diversity of media ownership and prevent too few voices controlling Australian media. Communications Minister Stephen Conroy has said the review will include a strong recommendation for such a test, but there was no final decision in the interim report on exactly how the test would be decided or enforced.

The review aims to update ownership rules to reflect digital delivery and new platforms, not simply remove limits. Interim findings say there will still be a maximum number of media entities any one party can own in a market, but rules like the old 'two‑out‑of‑three' test may be changed to recognise national newspapers, internet platforms, IPTV and subscription TV.

The article lists several major players and the stakes reported then: Gina Rinehart (Hancock Prospecting) — about 14% of Fairfax Media and 10% of Ten Network; James Packer — large interests through Consolidated Holdings/Consolidated Media Holdings (about 50% including Fox Sports and Seven Group interests) and roughly 9% of Ten Network; the Murdoch family/News Corporation — about 39.7% (including News Ltd and other assets); Lachlan Murdoch (Illyria) — about 9% of Ten Network, 50% of Nova/Vega radio and 9% of Prime Media Group; Kerry Stokes (Australian Capital Equity) — about 68% of Seven Group (including West Australian Newspapers, Pacific Magazines, Channel Seven, Yahoo7); Bruce Gordon (Bireketu) — 100% of WIN Television and about 10% of Ten Network.

The 'two‑out‑of‑three' cross‑media rule limited ownership across television, radio and newspapers, but the review says internet delivery means media entities now operate across many platforms and wider areas than licences imply. The rule doesn't account for national newspapers, online platforms, IPTV or subscription TV, so reviewers want to update regulation to recognise the full range of relevant media outlets.

The interim report recommends creating a new independent communications regulator with tougher powers than the current Australian Communications and Media Authority (ACMA). For media companies and investors, that could mean stricter enforcement of ownership tests and updated oversight as digital platforms are brought into the regulatory framework.

According to the article, under current rules Gina Rinehart cannot own more than 15% of Fairfax and Ten — the two companies in which she already holds stakes. Any change to that cap would depend on the outcome of the convergence review and any new rules or public‑interest tests introduced.

The article says the convergence review's final report was scheduled to be released the following month. The final findings will take account of the Independent Media Inquiry (the Finkelstein inquiry) and the Australian Law Reform Commission's review of the National Classification Scheme.

Everyday investors should be aware that the convergence review could change ownership caps, introduce a public‑interest test and create a tougher regulator — all of which are regulatory risks that could affect consolidation, takeover activity and valuations in media stocks. The interim report emphasises updating rules for digital platforms, so investors should monitor final recommendations and regulatory developments rather than assume current ownership limits will stay the same.