Prime TV Victoria found in breach of election blackout rules

The Australian Communications and Media Authority (ACMA) has found Prime Television (Victoria) Pty Limited breached election advertising blackout rules during the May 2025 Federal Election campaign.

Under Australian broadcasting law, television and radio broadcasters are prohibited from airing election advertisements during the blackout period, which begins at midnight on the Wednesday before polling day and continues until the close of polls.

An ACMA investigation found Prime Television (Victoria) aired 23 election advertisements on the free-to-air channel Racing.com on Thursday 1 May, within the blackout period ahead of the Saturday 3 May election.

Carolyn Lidgerwood, ACMA member, said all broadcasters must ensure they have effective systems in place to comply with election advertising rules: “These rules are licence conditions applying to commercial television broadcasting licensees under the Broadcasting Services Act. They have been in place for many years. We expect that broadcasters should understand their statutory obligations and be focused on compliance,” she said.

The content on Racing.com is produced and broadcast by Racing Victoria under a broadcast partnership with Prime Television (Victoria). The licensee told the ACMA it had a reasonable expectation that Racing Victoria would ensure all content complied with the Broadcasting Services Act 1992.

However, the ACMA found that licensees cannot delegate or contract out their statutory obligations to comply with broadcasting legislation and associated codes.

Following the incident, Prime Television (Victoria) has reviewed its internal procedures to prevent similar breaches in the future. The ACMA said it is now considering appropriate enforcement action.

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