Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 13 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. 13 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 an event from the Principal Notice to permit the event 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 the rugby league “test” match to be played on 13 October 2012 in Australia between the senior Australian representative team and the senior New Zealand representative team.
The event to be removed is specified in Item 5.3 of the Schedule to the Principal Notice, as amended by this Notice.
International rugby league “test” matches
This Notice will remove from the Principal Notice one international rugby league “test” match involving Australia, specifically the match to be played between Australia and New Zealand in Australia on 13 October 2012. This match is the second and final event in the 2012 “Trans-Tasman” test series played between Australia and New Zealand. The first match in this series, which was played in New Zealand on 20 April 2012, was also removed from the anti-siphoning list (the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2012) refers).
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to this match (the Nine Network and its affiliated stations) to premiere the event on a digital multi-channel in each relevant licence area.
Removing this match from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage 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) 2010 (Amendment No. 13 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 5.3 of the Schedule to the Principal Notice with a new Item 5.3. This amendment has the effect of removing a certain event from the Principal Notice.
The effect of new Item 5.3 is that each international rugby league “test” match involving the senior Australian representative team, played in Australia, New Zealand or the United Kingdom will remain listed in the Principal Notice, except for the match to be played in Australia on 13 October 2012 between the senior Australian representative team and the senior New Zealand representative team.
The substituted Item 5.3 also has the effect of removing a spent exception from the Principal Notice. The spent exception specified an international rugby league “test” match between Australia and New Zealand that has already occurred.
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 international rugby league “test” match to be played between Australia and New Zealand on 13 October 2012.
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 a specific event is televised free to the Australian public. The removal of this rugby league match from the anti‑siphoning list will give free-to-air broadcasters greater flexibility in broadcasting the event and increase live coverage of the event. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister consulted with the Nine Network in relation to this Notice. The Nine Network holds the free-to air broadcast rights to all international rugby league “test” matches played between the Australian and New Zealand representative teams as part of the “Trans-Tasman” test series.