Explanatory Statement

Broadcasting Services Act 1992

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 11 of 2012)

Issued by the Authority of the Minister for Broadband, Communications

and the Digital Economy

Purpose

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 11 of 2012) (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) 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 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 that prohibits the subscription television broadcasters from acquiring rights to televise the event ahead of 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 commercial television broadcasters and national broadcasters with regard to televising events listed on a subsection 115(1) notice. Such restrictions ensure that anti-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). Similar restrictions apply after the end of the simulcast period to ensure that events on the anti-siphoning list are shown first, or shown simultaneously, on commercial television and national broadcasters’ primary digital multi-channels.

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 remove from the current anti-siphoning list certain events held as part of the 2012 London Summer Olympic Games.

The events to be removed are those specified in Item 1.1 of the Schedule to the Principal Notice, as amended by this Notice.

2012 London Summer Olympic Games

The 2012 London Summer Olympic Games are scheduled to be held in the United Kingdom for approximately 2 weeks from Friday 27 July 2012 to Sunday 12 August 2012. Due to the time zone difference, the corresponding dates in Australia are from 28 July 2012 to 13 August 2012. The Summer Olympic Games are held every four years and involve an Opening Ceremony, Closing Ceremony and various individual and team athletic competitions.

This Notice will remove from the Principal Notice certain events held as part of the 2012 Summer Olympic Games, specifically:

• any event held between 28 July 2012 and 9 August 2012 that is partly or wholly held during the period commencing at 6 pm and ending at 9 pm Australian Eastern Standard Time;
• any event held on 10 August 2012 that is partly or wholly held during the period commencing at 6 pm and ending at 10 pm Australian Eastern Standard Time; and
• any event held on 11 August 2012 or 12 August 2012 that is partly or wholly held during the period commencing at 6 pm and ending at 9 pm Australian Eastern Standard Time.

This amendment will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to the 2012 Summer Olympic Games (the Nine Network) to premiere these events on a digital multi-channel in each relevant television licence area while regularly‑scheduled programming is broadcast on its main channel.

Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of these events. 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) 2010 (Amendment No. 11 of 2012).

Clause 2 provides that the Notice will commence on the day 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 existing Item 1.1 of the Schedule to the Principal Notice with a new Item 1.1.

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 1.1 of the Schedule is that each event held as part of the Summer Olympic Games, including the Opening Ceremony and Closing Ceremony, will remain listed on the Principal Notice except for:

• any event held between 28 July 2012 and 9 August 2012 as part of the 2012 Olympic Games that is partly or wholly held during the period commencing at 6 pm and ending at 9 pm Australian Eastern Standard Time;
• any event held on 10 August 2012 as part of the 2012 Olympic Games that is partly or wholly held during the period commencing at 6 pm and 10 pm Australian Eastern Standard Time; and
• any event held on 11 August 2012 or 12 August 2012 as part of the 2012 Summer Olympic Games that is partly or wholly held during the period commencing at 6 pm and ending at 9 pm Australian Eastern Standard Time.

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 the 2012 Olympic Games. 

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 specific events are televised free to the Australian public. The removal of certain events to be held as part of the 2012 Summer Olympic Games from the anti-siphoning list will give free-to-air broadcasters greater flexibility in broadcasting these events and increase live coverage of such events. This will enhance the viewing experience for Australian audiences.

Consultation

The office of the Minister consulted with the Nine Network and Foxtel in relation to this Notice. The Nine Network holds the free-to air broadcast rights to the 2012 Summer Olympic Games. Foxtel holds the subscription television rights to the 2012 Summer Olympic Games.