Appendix 6 - International Music Council

quite specifically limited by the Australian US Free Trade Agreement. The
game with existing media is mostly forfeited. The only regulations that can
obtain are those already in existence and they are mostly
capped at their
present level.
The challenge therefore moves to ‘new media’, described in the agreement
as ‘interactive media’, by which it is supposed that ‘interactive’ means simple
customer choice of titles from media on demand offerings but could in future
be something much more elaborate. There is in theory a possibility that the
Australian government can
act to ensure that Australian product is
adequately provided and accessible on such services, but the prerogative is
so extraordinarily
hedged about that it is difficult to see how any government
would even dare consider
such an initiative.
The lack of availability of Australian content on new media has not so far
presented as a problem and may never do so; but if it should, it may well be
that the difficulties appear in 5, 10, 15 years, long after the present law-
makers have gone fishing.
The other challenge that may arise is that because the US trade agreement is
a negative
list agreement, unlike the positive list GATS agreement,
transactions
in every possible class of goods and services must be free of
regulation
in favour of one or other of the parties, unless the parties have
specified
otherwise. So all trade in cultural goods and services must be ‘free’
unless otherwise stated. The regulations concerning audio and audiovisual
services
may be unsatisfactory to Australians, but if they were not included
in the agreement, no regulation would be possible at all. At some time, it may
emerge
that some other form of Australian cultural activity would newly
benefit from government protection or promotion (other than by subsidy,
which is permitted by the agreement), but the US agreement will prohibit
such government
action.
It appears
that the US agreement will not threaten the national broadcasters or other state
cultural
institutions, although opinions about this vary. Foreign corporations already are
permitted
to hold radio licences but their ownership of television and newspapers is limited
by regulation.
Of course, radio mostly programs music and we all know that that is not very
important
in the scheme of things. To be fair, the foreign owned networks are no less
supportive of Australian music than the locally owned ones, and all have
to meet the local
content requirements under their industry self-regulatory regime.
Domestic issues
There is a natural process in which new musical genres emerge and others face extinction.
Music hall songs were popular in the early decades of last century but now re-appear only
as a curiosity. Popular electronica appeared in the 90s, because new technology made it
possible and musicians took the opportunity.
Extinctions reduce musical diversity. No doubt some are underway at this very moment,
and probably can be prevented only by public policy initiatives. And such initiatives will
appear only because some decision makers decide that despite the natural processes that are
removing support for these genres, they have a value that argues for their survival.
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