Special Broadcasting Service. Codes of Practice. 2012.Abstract: The SBS charter is contained in section 6 of the Special Broadcasting Services Act 1991 (reproduced in this document). Sections include: general programming; news and current affairs; overseas news and current affairs television classification code; advertising and sponsorship; community information; political broadcasts and election coverage; and comments and complaints about SBS programming.10 The section on general programming includes codes of practice regarding their commitment to providing for a diversity of views, perspectives and backgrounds, and to actively seek to counter prejudice, racism and discrimination. Specific code regarding Indigenous Australians is outlined at 1.3.1. SBS states that they seek to promote and facilitate among all Australians an understanding of indigenous cultures, values and aspirations, and that they support the goals of reconciliation. They aim to provide programming which caters to the needs of all Indigenous Australians and deals with contemporary issues in relation to such. In regards to production and presentation, they aim to ensure that Indigenous Australians are involved, and proper sensitivity is paid to cultural traditions and values: for instance, sensitivity to the depiction of death. Program makers, producers and journalists are expected to refer to the SBS publication The Greater Perspective (1997).The Australian Institute of Aboriginal and Torres Strait Islander Studies. Guidelines for Ethical Research in Indigenous Studies. 2011.Abstract: The principles of this guide are grounded in respect for Indigenous people?s “inherent right to self-determination”, and to control and maintain their culture and heritage. The following areas are discussed comprehensively within this report:consultation, negotiation and mutual understanding: these principles should provide the foundation for research with or about Indigenous peoples. It is argued that consultation should be a two-way, ongoing process whereby mutual understanding and agreement is achieved regarding the aims, methods and outcomes of all proposed research. respect, recognition and involvement: researchers must acknowledge Indigenous knowledge systems and processes, and respect cultural property rights in relation to these. The diversity of Indigenous people must be recognized, and Indigenous researchers, individuals or communities should be involved in the process as collaborators rather than objects of research. benefits, outcomes and agreement: the use of, and access to, research results should be agreed on. The community being researched should benefit from or not be disadvantaged by the research project.Australia Free TV. Commercial Industry Code of Practice. 2010.Abstract: This Code of Practice contains a final advisory note concerning the portrayal of Aboriginal and Torres Strait Islander people (p.53). Reporters and program producers who engage with ATSI content are advised to respect the dignity, traditions, and diversity of the people, and to avoid prejudice or stereotyping in their representation. Also included are a series of guidelines regarding culturally sensitive actions: for instance, issues of representation, respect for local protocol, use of language, and casting.Australian Broadcasting Corporation. Editorial Policy. 2007.Abstract: This document sets out ABC?s editorial policies, for instance, in regards to broadcast standards, discrimination, appropriate material and complaint processes. Relevant sections are: ?topical and factual content? (7.1, 44-48): the ABC commits to reflect a wide range of audience interests, beliefs and perspectives, including those of Indigenous peoples ?content standards? (58-67): this includes a section on cultural diversity (11.7) wherein the ABC commits to content which represents Australia?s cultural, ethnic and racial diversity. The importance of equity and diversity within its work force is also noted. In terms of reporting and creation of content, the ABC will consult those communities concerned, will draw content from a wide range of viewpoints and create contacts with experts (etc). An effort to avoid discrimination and stereotypes will be made. Section 11.11 deals specifically with Indigenous Australian content. Topics dealt with include: a definition of Indigenous identity; the inclusion of Indigenous Australians within the frame of ?cultural diversity? (this entails presenting content by, for and about Indigenous Australians); the production, commissioning, purchasing of this material; the importance of seeking advice and involvement from relevant Indigenous sources where appropriate (and staff in Indigenous Programs Unit); the need to respect sensitive cultural practices in content and reporting (for instance, sensitivity to bereavement) the complete ABC Code of Practice (2007) is included in the appendix (p126-137). This includes a section on Indigenous Australian Content at 2.14: “Significant cultural practices of Indigenous Australians should be observed in content and reporting.” (p128)Australian Film Commission. Indigenous Branch Funding Guidelines 2007/08. 2007.Abstract: The Indigenous Branch of the AFC funds programs that support projects and stories authored by Indigenous Australians. They aim to assist the career development of writers, directors and producers through the provision of: draft development investment in projects that have the potential to be realized; development and/or production Investment in targeted initiatives and on-off projects (etc); support for internships and mentorship programs; support for Indigenous practitioners to attend conferences, markets and festivals, nationally and internationally; assessment and guidance to projects with Indigenous content that are submitted to the Film Development Branch; contribute to AFC and industry policy development. This report begins with a clear introduction of how to apply for funding in terms of definitions, eligibility and general criteria. Distinct funding is allocated to documentary programs, drama programs and digital media programs, as well as additional funding for practitioner support (for instance, travel grants). Included towards the end of the report is further information regarding cultural and intellectual property rights.Australian Film Commission. Long Black Feature Development Initiative. 2006.Abstract: Long Black was a funding initiative that sought to invest in the development of feature-length drama projects. They aimed to encourage and support Indigenous filmmakers to work in longer formats (at least 90mins). Included among the terms of eligibility are the following restrictions: the project must have Indigenous Australians in key creative roles (minimum of writer and director), the writer or writer/director must have produced at least one short film, feature film or appropriate television drama credit, and they cannot be a student at a film school. Up to five projects will be selected for development to first draft: successful project would receive up to $20,000 for this stage. A further selection process would occur after this to select projects to be funded to the second stage.Janke, Terri, and Robynne Quiggin. Indigenous Cultural and Intellectual Property: The Main Issues for the Indigenous Arts Industry in 2006. 2006.Abstract: Written for the Aboriginal and Torres Strait Islander Arts Board, Australia Council, this document provides an overview of the key issues in regards to the recognition and protection of Indigenous Cultural and Intellectual Property (ICIP). Included at the beginning of the document is a summary ?checklist? of problems encountered by Indigenous Artists, matched up with potential government responses. They argue that one foundational principle underlies the development of Indigenous culture and arts: the need for Indigenous peoples to control their intellectual and cultural property, and to manage it in appropriate ways. Arts infrastructure must support Indigenous control of ICIP management: a targeted approach advocated by this document combines legislation, prosecution of test cases, protocols, codes of practice, promotion of best practice, education, advocacy, research and ongoing consultation. The document provides an overview of: Indigenous cultural and intellectual property rights: this refers to Indigenous peoples? rights to their cultural heritage, including the rights to own and control their cultural and intellectual property, be recognized as the primary guardians and interpreters of their cultures, maintain the secrecy of their knowledge and cultural practices, and be given full and proper attribution when sharing their heritage. Copyright issues: there have been three Federal court judgments on the relationship between copyright law and ICIP. Indigenous concerns with copyright protection are outlined in a table which provides an overview of the differences between non- Indigenous laws and Indigenous customary law (p12): for instance, the contrast between an emphasis on material form and a general oral transmission, or the difference between law based on an individual?s creation versus a socially based production. Indigenous communal moral rights: In 2000, after passing individual moral rights legislation through the Senate, the Government made a commitment to consider Indigenous communal moral rights (ICMR). Amendments to the moral rights regime should give communities a means to prevent unauthorized and derogatory treatment of works that embody community images or knowledge. The Government drafted a Draft Copyright Amendment (ICMR) Bill in 2003 to recognize these communal moral rights. This document sets out the major issues which need to be considered in order to achieve a workable model, founded in the recognition of ICIP rights to Indigenous people. These are: voluntary agreement; balancing ICMR and certainty for users; drawing a work from a traditional base; protection for works which do not have copyright; acknowledgement of the Indigenous community?s association with the work; interest holders consenting to Indigenous communal rights; problems with ICMR only arising if the voluntary agreement is made before first dealing. Resale royalty: visual artists benefit from the sale of their work at its first sale, but not from any subsequent sales. To protect artists from the potential inequity of this system, a legislative model is preferred which requires payments directly to artists. In 2004 the Department of Communication, Information Technology and the Arts released a discussion paper on this issue. Arguments in favor of, and against, legislative implementation are outlined in this document. Indigenous Arts in the Market Place: The government (2006) intends to scrutinize the exploitation of Indigenous artists, including unethical practices by traders, unfair labeling and marketing. Potential solutions include drawing on trade practices laws or the development of trade marks, including a certification mark. Dealing with Objects of Cultural Heritage: due to the increasing evidence of imported ?fake? Indigenous arts in the market, there is a need for further regulation of these imports to protect the integrity of domestic markets and support local authentic products. Other Issues: It is argued that there is further need for the role of advocacy, codes of practices, education and awareness, legal and business support, international and national representation. The establishment of a National Indigenous Cultural Authority could coordinate these processes. A comprehensive list of various compiled protocols is included in this section.Department of Communications Information Technology and the Arts. Backing Indigenous Ability: delivering a comprehensive telecommunications package in indigenous communities. Discussion paper. 2006.Abstract: Backing Indigenous Ability (BIA) is an $89.9 million initiative by the Australian Government to help improve communications services in remote communities. It is composed of three funded aspects: a BIA telecommunications program, a National Indigenous Television (NITV), and Indigenous Remote Radio Replacement (IRRR) program. This telecommunications program is designed to address the need for telephones, internet and videoconferencing, provide training and skills development and promote and develop Indigenous online content. The BIA television component has funding of $50 million to establish an organization which would develop, produce and aggregate Indigenous television content. This would build on existing Indigenous community television narrow cast services. NITV will initially be broadcast on Imparja?s Channel via satellite, and be run concurrent with (rather than replace) Indigenous content on community television, pay television, SBS and ABC. NITV was launched 13 July, 2007.Ruddock, Philip. Copyright: New Futures, New Agendas (Opening Address for the Australian Centre for Intellectual Property and Agriculture Conference). 2005.Abstract: The Australian Government?s commitment to copyright is posed in terms of a balance between the needs and goals of various parties. The Government is creating a number of reviews of the contemporary state of copyright. This paper argues for good copyright laws based on being clear, consistent and responsive, able to encourage innovation and protect the integrity of artistic and intellectual endeavor. Note 24 refers to the introduction of two pieces of legislation recognizing Indigenous communal moral rights for the first time, while notes 47 to 52 reaffirm a commitment to action on this issue.Department of Communications Information Technology and the Arts. Indigenous Television Review Report: Report of the Review into the Viability of Establishing an Indigenous Television Service and the Regulatory Arrangements that Should Apply to the Digital Transmission of Such a Service Using Spectrum in the Broadcasting Services Bands. 2005.Abstract: This report concerns the statutory review into the viability of establishing an Indigenous television service and the regulatory arrangements that should apply to the digital transmission of such a service using spectrum in the broadcasting services bands. The consultation process: The review received 49 submissions, all except one were supportive of the establishment of a national Indigenous television service.8 Twenty two of the submissions were from Indigenous health and legal services, government agencies, national broadcasters and media/film organizations. The main issues outlined in these submissions are as follows: Viability: it was broadly argued that such a service was viable, if supported by government funding. It was also noted that the question of viability deflected attention away from whether the government would be willing to fund the service, since similar broadcast models had been successful and viable in other countries (eg. Canada, Spain, NZ, etc). The model: there was support for an Indigenous television service to be the third national public broadcaster. One advantage of this model includes continued government funding. The service should have its own charter and the same statutory independence as the ABC or SBS, and programming would be commissioned from Indigenous producers across Australia. The Pilbara and Kimberly Aboriginal Media (PAKAM) supported the NITVC proposal (discussed above) but proposed in addition to developing a national service, a concurrent ICTV narrowcast service should be transmitted by Imparja Television. Similarly, Goolarri Media (Broome) supported a model that would complement the TV services they currently produced. The Northern Territory Government argued for a service to be based in Alice Springs in order to avoid a centralized capital city operation. The AFC supported the NITVC model but argued for a separate Indigenous television commissioning service to be set up if the Australian Government decided not to support the NITVC model. Spectrum and Transmission: neither ABC nor SBS thought it would be viable for an Indigenous service to be broadcast using their multi-channel digital capacity. The NITVC argued that the service needed to begin in analog in order to provide access to the broadest range of viewers: for instance, one option they propose is the sharing of satellite capacity with Imparja Television. Programming: If introduced as a third national broadcaster, it is expected that its content would exceed the current content requirement for 55% local programming: as such, the service should be funded to a level which ensures the fulfillment of this quota. The NT Government notes that remote Indigenous broadcasters have been making programs for 25 years, and is supportive of continuing the local style of programs currently produced. The NITVC proposed that all programming except news and current affairs be externally commissioned. Training: the PFTC argued that a training strategy must be in place prior to the first transmission, if the service is to be successful. Dancing Iris Video argues that the most successful form of training has been that designed and run by Indigenous organizations, and that current practitioners be commissioned to produce up-to-date materials. The NITVC sees the ABS as a source of assistance with training, and the ABC indicated they were willing to do so. Advertising: submissions argued for restrictions placed on types of advertising (eg. Alcohol) Language: The PFTC argue that language revitalization and maintenance of culture should be a key objective of the service, and that all communities, regardless of size, should be given the opportunity to share their language. Nonetheless, the main language used would be English, and all programs would be broadcast with English subtitles. Health and related matters: this service would allow important health and community development messages to be broadcast, thereby potentially improving the health and wellbeing of Indigenous people. Indigenous Broadcasting in other countries: most commonly referenced and discussed were New Zealand, Canada, Spain, Ireland and Wales. National vs Local: it was considered important that ?local? programming be a central aspect of the new service. Discussion of Issues: This section continues to expand on the issues raised above: for instance, avenues for broadcast transmission and possible management structures. Options: This section identifies four primary options for the establishment of an Indigenous television service. The review does not recommend a preferred option: each contains implementation issues and refers to the Ministerial Taskforce on Indigenous Affairs to consider the options and make a judgment to recommend to the Australian Government. The options are as follows: the first option is to establish a national Indigenous television broadcaster; the second is to impose an increased Indigenous programming responsibility on SBS; the third is to build on the Indigenous Community Television narrowcasting service transmitted by Imparja Television; the fourth is to establish an Indigenous television content production fund. Consultant?s Report: The Department of Communications, Information Technology and the Arts (DCITA) commissioned a consultant?s report (outlined in this section). They offer a comprehensive outline of the potential cost of several options for the proposed service.Australia Council, Australia Dept. of Communications Information Technology and the Arts, and Australia Aboriginal and Torres Strait Islander Services. Indigenous Art Centres: Strategy and Action Plan. 2004.New South Wales. Ministry for the Arts. Priorities for the arts : NSW Ministry for the Arts strategic plan 2004-2007. 2004.Abstract: The Ministry for the Arts supports the arts and cultural sector, providing advice to Government and ?advocating a meaningful role for the arts in everyday life.? This report is the product of a review into how best to fulfill the needs and aspirations of the arts sector and broader community through the yearly investment of $240 into cultural institutions, capital works and art projects. The stated priorities concern strengthening the arts and cultural environment, innovation, education and learning, and leadership. Specific references to Indigenous arts are made: in relation to the specific challenges for the arts. There is a stated desire to ?take advantage of? distinctive indigenous voices. in terms of the broader goal of strengthening the arts and cultural environment. Actions include the enhancement of Indigenous arts development in outer Metropolitan Sydney and the Illawarra (as well as in other regions), through establishing effective infrastructure supportHarrison, Michelle. Submission to the Department of Communications, Information Technology and the Arts Review of the Viability of Creating an Indigenous Television Broadcasting Service and the Regulatory Arrangements That Should Apply to the Digital Transmission of Such a Service Using Spectrum in the Broadcasting Services Bands. 2004.Abstract: The NITV is an industry representative group formed by AICA to develop an effective strategy for the establishment of a National Indigenous television service. The group is primarily comprised of representatives from Australian Indigenous Communications Association (AICA), Indigenous Remote Communications Association (IRCA), aboriginal and Torres Strait Islanders Corporation, Indigenous Screen Australia (ISA), and IMPARJA Television. The aim of the group was to gain industry wide support for NITV and to lobby Parliamentarians for its establishment. The submission consists of an executive summary, the submission itself, and a business plan for the first five years of operation. The NITV Committee proposed that the Federal Government immediately provide funding for the establishment of a national Indigenous television service to be owned and operated by Indigenous Australians with programming content created by and for Indigenous Australians. Prior to this proposal, Indigenous Australians expressed desires for an independent Indigenous television service and there have been various movements to establish this, particularly since 1980. Following from the Productivity Commission?s recommendation regarding the creation of such a service (see above), further research was produced by ATSIC and NIMAA which outlined its viability. Two submissions regarding implementation were proposed to government in cabinet but neither were endorsed. This report argues for the establishment of this service, in direct response to the questions raised in the DCITA review discussion concerning the viability, purpose and objectives of this service. The three proposed models (listed above) are considered in detail.Australia Council for the Arts. National Aboriginal and Torres Strait Islander Arts Policy. 2004.Abstract: This booklet claims that the Australia Council has maintained consistent support for Aboriginal and Torres Strait Islander (ATSI) arts and culture and is the primary funding agency for ATSI arts. The ATSI Arts Board claims to support the ?restoration, development and promotion of traditional cultural practices? as well as contemporary developments in artistic expression. Board members are Aboriginal and Torres Strait Islander people and these national representatives determine all policy decisions and grants. The Australia Council is made up of nine distinct funds: the ATSI Arts Board is one of these, along with – for instance – the Literature Fund and Theatre Fund. It is noted that ATSI people are encouraged to also apply to any relevant, medium specific Fund. The report concludes with the recent successes and results of their policy implementation (see p19). Policy Principles and Objectives: The booklet outlines the ATSI Arts Board set of principles – based broadly around respect, authority and diversity – together with specific policy objectives. These principles (outlined p8, 13) are recognized within the ATSI Arts Policy, which aims to: Ensure that all decisions related to ATSI arts within the Australia Council are guided by the policy principles; Identify and implement the priorities of the Australia Council for development in ATSI arts Develop improved mechanisms for support of ATSI artists and arts organizations Build linkages with other key stakeholders Maintain and improve networking opportunities Monitor and report on the level of support for ATSI arts activities Policy Priorities include: National Oversight and Strategic Coordination: to ensure accountability effective development of strategies; Communication and Strategic Promotion: to achieve a greater understanding and appreciation of ATSI cultures; Distribution, Promotion and Market Development: for both national and international markets; Cultural Heritage and Cultural Resource Management; Infrastructure: including improved access to services, funding opportunities and arts projects; Arts development: the provision of assistance to artists; Regional Cultural Development and Industry Development; Copyright, Intellectual Property and Moral Rights Broadcast Media, Multimedia and Information Technologies; access to information and new technologies; Cultural and Environmental Tourism: to enhance opportunities for the artsHarrison, Michelle. Business Plan: National Indigenous Television Committee. 2004.Abstract: This report is a business plan for the establishment of National Indigenous Television, including an analysis of establishment and operating costs for the first five years of operation. The paper considered factors such as benefits to Indigenous and non-Indigenous Australians, potential audience, and aspects and types of programming.Australian Film Commission, et al. Towards an Indigenous film and television training strategy. 2003.Abstract: The author attributes the increasing success of the Indigenous film industry in 2002 to the following influences: funding programs and drama initiatives of the Australian Film Commission?s Indigenous Unit; formal training at the Australian Film, Television and Radio School (AFTRS); mentorships; short courses; on-the-job training programs; and support from the ABC and SBS. While the number of strong directors and producers is increasing, the author notes that there are still areas of significant under-representation: for instance, there are comparatively few cinematographers, sound boom swingers, script editors and unit managers. It is argued that there is a need to expand Indigenous participation within all areas of the film industry, and to this end an Indigenous Film and Television Training Strategy has been launched. This initiative was developed by the AFTRS, the AFC and Indigenous Screen Australia and will determine the extent of Indigenous participation across all sectors of the film industry.Janke, Terri. Issues Paper: Towards a Protocol for Filmmakers Working with Indigenous Content and Indigenous Communities. 2003.Abstract: Former protocols – particularly Bostock?s The Greater Perspective – focused on documentary filmmaking and television news crews. The AFC proposes the development of a new protocol for filmmakers working in the Indigenous area which would specifically address documentaries and drama (including short dramas, feature films and television drama). The protocol aims to set out a framework to assist and encourage recognition and respect for the images, knowledge and stories of Indigenous people as represented in all formats. The issues dealt with in the protocol should cover: indigenous heritage; appropriate consultation; consent; cultural integrity; representation; authenticity; creating and producing the film; respect for cultural beliefs; encouragement of Indigenous perspectives; attribution; sharing of benefits; stock film footage and future uses; archiving; copyright law and Indigenous culture. This report briefly outlines these areas and calls for further submissions and input.Janke, Terri. Doing it our way: Contemporary Indigenous cultural expression in New South Wales. 2002.Abstract: This paper aims to assist Indigenous visual artists by clearly outlining their various rights. It is hoped that this information will help the artist in their application processes, and equally, will encourage those organizations that commission Indigenous visual arts projects to respect the diversity of arts practice. Specific artists are considered in order to outline a general and fairly simplified guide to the issues surrounding Indigenous art practice: for instance, H J Wedge and Brenda L Croft. The majority of this guide concerns the issues of copyright for the artist, concluding with a list of references to established support structures and sources of further information.Queensland Government, and Aboriginal and Torres Strait Islander Partnerships. Mina Mir Lo Ailan Mun: Proper Communication with Torres Strait Islander Peoples. 2001.Abstract: This report aims to provide practical guidance for improving communication between Islanders and non-Islanders, and increasing understandings of Islander ways. The booklet includes an overview of traditional Islander society and contact history in order to provide context for dealing with specific barriers to cross-cultural communications. Accountability towards Islanders in the consultation process is emphasized, particularly in terms of their ability to negotiate the terms of the policies and programs that directly affect themMinistry for the Arts. 2000.Abstract: The NSW Government released their Cultural Development Policy in 1995 in order to affirm a commitment to the support and promotion of Indigenous cultural expression. Amendments have been made to this policy since its release, most notably with the Statement of Commitment to Aboriginal People (1997). The following developments have occurred as a result of this policy: An Indigenous Arts Fund was established by the Ministry for the Arts to provide support for projects Indigenous people were appointed to the NSW Arts Advisory Council and its committees. These members also convene as the Indigenous Arts Reference Group to advise on policies and strategies. A Regional Indigenous Cultural Officer?s position was created to assist artists and communities with project planning and applications The paper Indigenous Arts Protocol: A Guide was launched in 1998 to help promote dialogue between Indigenous and other communities This report provides a list of seven broad principles which inform the policy together with an outline of the strategies and procedures to be followed when implementing the policy. Strategies include the promotion of the arts through assistance programs, the protection of copyright and initiatives to increase awareness regarding these rights, and the enhancement of training and employment within the arts industry.