Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 15 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. 15 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 general 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 all matches of the 2013 Australian Open tennis tournament, except for the men’s singles final and women’s singles final.
The events to be removed are specified in Item 9.1 of the Schedule to the Principal Notice, as amended by this Notice.
The 2013 Australian Open tennis tournament
This Notice will remove from the Principal Notice all matches of the 2013 Australian Open tennis tournament, except for the men’s singles final and women’s singles final. This tournament is scheduled to occur between 14 January and 27 January 2013.
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Seven Network and its affiliated stations) to premiere the events on a digital multi-channel in each relevant licence area.
Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the 2013 Australian Open tennis tournament. 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. 15 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 9.1 of the Schedule to the Principal Notice with a new Item 9.1. This amendment has the effect of removing certain events from the Principal Notice.
The effect of new Item 9.1 is that each match of the Australian Open tennis tournament will remain listed in the Principal Notice, except for all matches of the 2013 Australian Open tennis tournament, excluding the men’s singles final and women’s singles final. That is, the 2013 men’s singles final and women’s singles final will remain listed in the Principal Notice.
The substituted Item 9.1 also has the effect of removing spent exceptions from the Principal Notice. The spent exceptions relate to matches held as part of the 2011 and 2012 Australian Open tennis tournaments that have 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 2013Australian Open tennis tournament.
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 matches to be held as part of the 2013 Australian Open tennis tournament from the anti‑siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the tournament. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister consulted with the Seven Network in relation to this Notice. The Seven Network holds the free-to air broadcast rights to the 2013 Australian Open tennis tournament.