Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 16 of 2013)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 16 of 2013) (the Notice) is made by the Minister for Communications (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 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament. The amending Notice also removes spent provisions in the Principal Notice concerning past golf events.
The 2013 Australian Masters and 2013 Australian Open golf tournaments
The 2013 Australian Masters golf tournament is scheduled to occur between 14 November 2013 and 17 November 2013. The 2013 Australian Open golf tournament is scheduled to occur between 28 November 2013 and 1 December 2013. This Notice will remove each round of both of these tournaments from the Principal Notice.
This amendment will allow (but not require) the free-to-air broadcasters that hold the free-to-air broadcast rights to the above tournaments (the Seven Network 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 tournaments. 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. 16 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 11.1 of the Schedule to the Principal Notice. Clause 11.1 of the Schedule to the Principal Notice includes the Australian Masters golf tournament on the anti‑siphoning list. The amendment to clause 11.1 removes all rounds of the 2013 Australian Masters golf tournament from the list.
Item 2 amends clause 11.2 of the Schedule to the Principal Notice. Clause 11.2 of the Schedule to the Principal Notice includes the Australian Open golf tournament on the anti‑siphoning list. The amendment to clause 11.1 removes all rounds of the 2013 Australian Open golf tournament from the list.
Item 3 amends Clause 11.3 of the Schedule to the Principal Notice. This amendment has the effect of removing a spent provision that concerns the 2012 United States Masters golf tournament.
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 golf.
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 the 2013 Australian Masters golf tournament and the 2013 Australian Open golf tournament 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 Communications consulted with the Seven Network in relation to this Notice. The Seven Network holds the free‑to‑air broadcast rights to the two golf tournaments affected by this Notice. The office of the Minister for Communications also consulted with subscription television broadcasters in relation to this Notice.