Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 12 of 2013)
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. 12 of 2013) (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. The Notice also removes a number of redundant provisions.
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 make a notice that specifies 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 from the anti-siphoning list. Such restrictions ensure that these 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 a commercial television broadcaster’s or national broadcasters’ primary digital multi-channel.
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 events held as part of the 2014 Sochi Winter Olympic Games and the 2014 Glasgow Commonwealth Games. This amending Notice also removes spent provisions in the Principal Notice concerning past Summer Olympic Games events.
The events to be removed are those specified in Items 1.2 and 2.1 of the Schedule to the Principal Notice, as amended by this Notice.
2014 Sochi Winter Olympic Games
The 2014 Sochi Winter Olympic Games are scheduled to be held in Russia for approximately 2 weeks from Friday 7 February 2014 to Sunday 23 February 2014. Due to the time zone difference, the corresponding dates in Australia are from 8 February 2014 to 24 February 2014. The Winter Olympic Games are held every four years and involve an Opening Ceremony, Closing Ceremony and various individual and team competitions.
This Notice will remove from the Principal Notice all events held as part of the 2014 Winter Olympic Games, including the Opening Ceremony and Closing Ceremony.
This amendment will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to the 2014 Winter Olympic Games (Network Ten) 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.
2014 Glasgow Commonwealth Games
The 2014 Glasgow Commonwealth Games are scheduled to be held in the United Kingdom for twelve days from Wednesday 23 July 2014 to Sunday 3 August 2014. Due to the time zone difference, the corresponding dates in Australia are from 24 July 2014 to 4 August 2014. The Commonwealth Games are held every four years and involve an Opening Ceremony, Closing Ceremony and various individual and team competitions.
This Notice will remove from the Principal Notice all events held as part of the 2014 Commonwealth Games, including the Opening Ceremony and Closing Ceremony.
This amendment will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to the 2014 Commonwealth Games (Network Ten) 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. 12 of 2013).
Clause 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.
Clause 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 – Amendments
Item 1 amends clause 1.1 of the Schedule to the Principal Notice to remove spent provisions concerning past Summer Olympic Games events.
Item 2 amends clause 1.2 of the Schedule to the Principal Notice.
Clause 1.2 includes each event held as part of the Winter Olympic Games, including the Opening Ceremony and the Closing Ceremony. The amendment to the clause has the effect of removing certain events. As amended, each event held as part of the Winter Olympic Games, including the Opening Ceremony and Closing Ceremony, will remain listed on the Principal Notice, except for each event held as part of the 2014 Winter Olympic Games, including the Opening Ceremony and Closing Ceremony.
Item 3 amends clause 2.1 of the Schedule to the Principal Notice.
Clause 2.1 includes each event held as part of the Commonwealth Games, including the Opening Ceremony and the Closing Ceremony. The amendment to the clause has the effect of removing certain events. As amended, each event held as part of the Commonwealth Games, including the Opening Ceremony and Closing Ceremony, will remain listed on the Principal Notice, except for each event held as part of the 2014 Commonwealth Games, including the Opening Ceremony and Closing Ceremony.
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 2014 Winter Olympic Games and the 2014 Commonwealth 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 all events to be held as part of the 2014 Winter Olympic Games and the 2014 Commonwealth 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 for Broadband, Communications and the Digital Economy consulted with Network Ten in relation to this Notice. Network Ten holds the free-to air broadcast rights to the 2014 Winter Olympic Games and the 2014 Commonwealth Games.