Data on Australian free-to-air television viewing patterns will be more accessible following Australian Competition and Consumer Commission action.
"OzTam Pty Ltd, a joint venture company of Seven Network Ltd, Nine Network Australia Pty Ltd, and Network Ten Pty Ltd, has offered the ACCC enforceable undertakings about access to the viewing information it gathers", ACCC Chairman, Professor Allan Fels, said today.
"OzTam has agreed to supply 'elemental data', used to establish television ratings, on reasonable commercial terms to any third parties.
"Elemental data is lightly filtered, electronic, data recording of television audience viewing patterns. The viewing patterns of television audiences are used by media planners and buyers, employing sophisticated software tools, to decide what television airtime to buy when placing advertisements for their clients. Access to elemental data improves the efficiency and speed with which media buyers and planners can do this. It can also improve the ability of a media planner and buyer to target a particular demographic audience.
"The undertaking signed by OzTam will apply for the seven-year duration of OzTam's agreement with ATR Australia Pty Ltd. OzTam entered into its agreement with ATR Australia in March 2000, contracting ATR to collect and provide audience measurement data to each of the metropolitan commercial networks beginning on 1 January 2001. Currently A.C.Nielsen fulfils this service under its 'ratings services' agreements with each of the networks and the ABC. A.C.Nielsen's contracts with the networks and the ABC expire on 31 December 2000.
"The undertaking by OzTam, follows the ACCC's expression of concern to that if access to elemental data on reasonable commercial terms is denied to persons intending to use that data, that this refusal to supply may contravene section 46 and 47(1) by reason of section 47(4) of the Trade Practices Act 1974. The undertaking addresses the ACCC's concerns by establishing a framework for persons who are not a party to the contract between OzTam and ATR Australia, to access elemental data.
"This result achieves a market outcome and puts Australia in line with the UK, Europe, Canada, the US, and countries in Asia and Latin America".