The convergence of broadcasting and telecommunications: the need to shift from a vertical "silo" model to a horizontal "layered" model of regulation

A challenge facing reformers in the field of communications law is the increasingly widening gap between converging markets and services, and regulatory frameworks that continue to govern on the basis of a rigid vertical distinction between broadcasting and telecommunications. In Australia, media and communications are governed by the two distinct and largely independent statutory regimes created by the Broadcasting Services Act 1992 (Cth) and the Telecommunications Act 1997 (Cth). However, markets and services and the underlying technologies have converged. In such a context, continuing to apply vertical 'silo' laws serves to undermine established regulatory objectives of parity and technological neutrality. In 2011, the federal government announced a review of the effects of convergence. One of the issues identified in the review was to need to consider shifting from a silo model to a horizontal 'layered' model. The purpose of the present article is to analyse the merits of adopting a horizontal layered model (i.e. one which mirrors the horizontal layered architecture of modern electronic communications) as the basis for the design of an effective regulatory framework for electronic communications in Australia.