Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 10 of 2015)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2015) (the Notice) is made by the Minister for Communications (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) 2010 (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 multichannel.
This Notice is a legislative instrument for the purposes of paragraph 6(d) of the Legislative Instruments Act 2003.
Background
Legislative background
Subsection 115(1) of the BSA provides that the Minister may make a notice that specifies events that, in the Minister’s opinion, should be televised free to the public. An event or an event of a kind specified in a notice under subsection 115(1) is an ‘anti-siphoning event’ for the purposes of the definition of that term in section 6 of the BSA. The notice made under subsection 115(1) is commonly known as the anti‑siphoning list.
The inclusion of an event in the anti-siphoning list triggers a licence condition for subscription television broadcasters that prohibits subscription television broadcasters from acquiring rights to televise the event ahead of ‘free-to-air’ commercial television broadcasters and national 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 free-to-air commercial television broadcasters and national broadcasters with regard to televising events from the anti‑siphoning list. Such restrictions ensure that these events (or parts of these events) are not shown on the broadcasters’ standard definition or high definition digital television multichannels without first being shown, or being shown simultaneously, on the broadcasters’ primary channels (see Part 4A of Schedule 4 to the BSA). These restrictions continue to apply now that the simulcast period has concluded.
Subsection 115(2) of the BSA allows the Minister to amend a notice made under subsection 115(1) of the BSA to remove an event from the notice.
The purpose of this Notice is to amend the Principal Notice to effectively remove from the current anti-siphoning list a number of cricket matches involving the men’s and women’s senior Australian representative teams to be played in Australia between 5 November 2015 and 31 January 2016. The events to be removed are specified as exceptions in clauses 7.1, 7.3 and 7.4 of the Schedule to the Principal Notice, as amended by this Notice.
Upcoming matches in Australia involving the Australian cricket team
Between 5 November 2015 and 31 January 2016, six “test” cricket matches, five one day cricket matches and three Twenty20 cricket matches involving the men’s senior Australian cricket team and three Twenty20 cricket matches involving the women’s senior Australian cricket team will be played at various locations in Australia.
This Notice will remove from the Principal Notice three “test” matches to be played against New Zealand between 5 November and 1 December 2015, three “test” matches to be played against the West Indies between 10 December 2015 and 7 January 2016, five one day matches to be played against India between 12 and 23 January 2016 (all involving the men’s senior Australian representative team), and six Twenty20 matches (three involving the men’s senior Australian representative team and three involving the women’s senior Australian representative team) to be played against India between 26 January and 31 January 2016.
These amendments will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these matches, the Nine Network, to premiere coverage of the ‘delisted’ events on a digital multichannel.
Removing the events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted matches. This will enhance the viewing experience for Australian audiences.
Notes on Clauses
Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 10 of 2015).
Section 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that the Broadcasting Services (Events) Notice (No. 1) 2010 (the Principal Notice) is amended in accordance with the items contained in the attached Schedule.
Schedule 1 - Amendments
Item 1 provides that the Principal Notice is amended by repealing the existing clause 7.1 of the Schedule to the Principal Notice and substituting a new clause 7.1.
Clause 7.1 of the Schedule to the Principal Notice specifies that each “test” match involving the senior Australian representative team selected by Cricket Australia played in Australia, is included in the anti-siphoning list. The amendment adds a new paragraph 7.1(a) that provides an exception to clause 7.1. This exception removes from the list cricket “test” matches, involving the senior Australian representative team selected by Cricket Australia and played in Australia against New Zealand and the West Indies between 5 November 2015 and 7 January 2016.
Item 2 provides that the Principal Notice is amended by repealing the existing clause 7.3 of the Schedule to the Principal Notice and substituting a new clause 7.3.
Clause 7.3 of the Schedule to the Principal Notice specifies that each one day cricket match involving the senior Australian representative team selected by Cricket Australia played in Australia, is included in the anti-siphoning list. The amendment adds a new paragraph 7.3(a) that provides an exception to clause 7.3. This exception removes from the list each one day cricket match involving the senior Australian representative team selected by Cricket Australia played in Australia between 12 January 2016 and 23 January 2016.
Item 3 provides that the Principal Notice is amended by repealing the existing clause 7.4 of the Schedule to the Principal Notice and substituting a new clause 7.4.
Clause 7.4 of the Schedule to the Principal Notice specifies that each Twenty20 cricket match involving the senior Australian representative team selected by Cricket Australia played in Australia is included in the anti-siphoning list. The amendment adds new paragraphs 7.4 (a) and 7.4 (b) that provide two exceptions to clause 7.4. Paragraph 7.4 (a) removes from the list Twenty20 cricket matches involving the men’s senior Australian representative team selected by Cricket Australia played in Australia against India, between 26 and 31 January 2016. Paragraph 7.4 (b) removes from the list Twenty20 cricket matches involving the women’s senior Australian representative team selected by Cricket Australia played in Australia, also against India and also between 26 and 31 January 2016.
Statement of Compatibility with Human Rights (prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
This Notice is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This is because the Notice promotes freedom of expression and cultural rights by facilitating greater access by all Australians to live coverage of cricket matches.
Australia is a signatory to the International Covenant on Civil and Political Rights (the ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) (two of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011). Article 19(2) of the ICCPR protects freedom of expression, including the right to seek, receive and impart information and ideas of all kinds, and the means of their dissemination. Article 15(1) of the ICESCR protects the right of everyone to take part in cultural life. Cultural life includes sports.
The purpose of the Principal Notice is to ensure that specified events are televised free to the Australian public. The removal of certain cricket matches from the anti‑siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the events. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Communications consulted with the Nine Network and Cricket Australia in relation to this Notice. The Nine Network holds the exclusive free‑to‑air broadcast rights to the cricket matches affected by this Notice.