Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 13 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. 13 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 multichannel.
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 the anti-siphoning list 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 multichannels 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 a national broadcaster’s primary digital multichannel.
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 union “test” match to be played on 7 September 2013 between Australia and South Africa, and the rugby union “test” match to be played on 19 October 2013 between Australia and New Zealand.
The 2013 Rugby Union Championship series and 2013 Bledisloe Cup
The 2013 Rugby Championship series will be held in various locations across Australia, New Zealand, South Africa and Argentina between 14 August and 5 October 2013. This Notice will remove one rugby union “test” match to be played on 7 September 2013 between Australia and South Africa as part of this series.
This Notice will also remove the rugby union “test” match to be played on 19 October 2013 between Australia and New Zealand as part of the 2013 Bledisloe Cup.
This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to these matches (Network Ten and its regional affiliates) to premiere coverage of the delisted events on a digital multichannel in each relevant television licence area.
Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage of the delisted match. 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 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 6.1 of the Schedule to the Principal Notice.
Clause 6.1 of the Principal Notice includes particular rugby union “test” matches in the anti‑siphoning list. The amendment to clause 6.1 removes from the list the rugby union “test” match to be played in Australia on 7 September 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior South African representative team, and the rugby union “test” match to be played in New Zealand on 19 October 2013 between the senior Australian representative team selected by the Australian Rugby Union and the senior New Zealand representative team.
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 rugby union.
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 international rugby union “test” matches from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of these 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 rugby union “test” matches affected by this Notice.