Explanatory Statement

Broadcasting Services Act 1992

Broadcasting Services (Events) Notice (No. 1) 2004

(Amendment No. 1 of 2010)

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

Purpose

The Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 1 of 2010) (the Notice) is made by the Minister for Broadband, Communications and the Digital Economy (the Minister) under subsection 115(2) of the Broadcasting Services Act 1992 (the BSA).

The purpose of this Notice is to amend the Broadcasting Services (Events) Notice (No. 1) 2004 (the Principal Notice) to remove certain events from the Principal Notice to permit the events to be premiered on a free-to-air television digital multi-channel.

This Notice is a legislative instrument for the purposes of subsection 6(d) of the Legislative Instruments Act 2003.

Background

Legislative background

Subsection 115(1) of the BSA provides that the Minister may, by notice in the Gazette, specify events that in the Minister’s opinion should be televised free to the public. Such a notice is commonly known as the anti-siphoning list.

The inclusion of an event in a subsection 115(1) notice triggers a licence condition for subscription television broadcasters, which prohibits the subscription television broadcasters from acquiring rights to televise the event ahead of national broadcasters and commercial television broadcasters (see section 99 of the BSA and paragraph 10(1)(e) of Schedule 2 to the BSA).

The BSA also imposes restrictions on both commercial television broadcasters and national broadcasters with regard to televising events listed on a subsection 115(1) notice. Such restrictions ensure that ant-siphoning events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multi-channels without first being shown, or being shown simultaneously, on the broadcasters’ main channels during the simulcast period (see Part 4A of Schedule 4 to the BSA). The ‘simulcast period’ is a transitional period leading up to the switch-over to digital television during which national and commercial television broadcasters are required to transmit their broadcasting services simultaneously in analog and standard definition digital mode (see paragraphs 6(3)(c) and 19(3)(c) of Schedule 4 to the BSA).

Subsection 115(2) of the BSA allows the Minister to amend a notice made under subsection 115(1) to remove an event from the notice.

The purpose of this Notice is to amend the Principal Notice to remove from the current anti-siphoning list 8 of the 64 matches of the Fédération Internationale de Football Association World Cup tournament to be held in June and July 2010. The events to be removed are those specified in new paragraphs (a) to (h) of Item 8.3 of Schedule 2 to the Principal Notice, as amended by this Notice.

The 2010 FIFA World Cup

The 2010 FIFA World Cup tournament consists of 64 matches and involves a group stage, a round of 16, quarter finals, semi-finals and a final. There are 8 groups, each consisting of 4 teams. Each team plays 3 matches in their group, with the two highest ranked teams of each group advancing to the round of 16. All subsequent matches are played as ‘sudden death’ elimination, and teams must win their matches to progress to the finals.

The Notice will remove from the Principal Notice 8 matches played as part of the group stage. This will allow the free-to-air broadcaster that holds the broadcast rights to the tournament (the Special Broadcasting Service Corporation) to premiere these 8 matches on their digital multi-channel, concurrently with other live 2010 FIFA World Cup matches on their main channel.

Removing the matches from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the 2010 FIFA World Cup, and increase live coverage of the event. This will enhance the viewing experience for Australian audiences.

Notes on Clauses

Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2004 (Amendment No. 1 of 2010).

Clause 2 provides that the Notice will commence on the day after it is registered on the Federal Register of Legislative Instruments.

Clause 3 is a definitions clause.

Clause 4 is the main operative clause.  It provides that the Principal Notice is amended by substituting the existing Item 8.3 of Schedule 2 to the Principal Notice with a new Item 8.3.

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 8.3 is that each of the matches in the Fédération Internationale de Football Association World Cup tournament to be held in 2010 will remain listed on the Principal Notice except for the following matches to be played during the Group Stage:

(a)   for Group A, the  match between France and South Africa;

(b)   for Group B, the match between Nigeria and the Korea Republic;

(c)   for Group C, the match between the United States of America and Algeria;

(d)   for Group D, the match between Ghana and Germany;

(e)   for Group E, the match between Denmark and Japan;

(f)    for Group F, the match between Paraguay and New Zealand;

(g)   for Group G, the match between Korea DPR and Côte d’Ivoire; and

(h)   for Group H, the match between Switzerland and Honduras.

It is intended that subsequent matches (if any) between the teams listed in paragraphs (a) to (h) of new Item 8.3 would remain listed on the Principal Notice. For example, if France and South Africa both advanced beyond the Group Stage and were to play against each other at a later stage of the 2010 FIFA World Cup, that later match would remain listed on the Principal Notice and would be subject to the relevant provisions of the BSA.

Consultation

The free-to-air television broadcasting industry has been consulted in relation to this Notice.