Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 3 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. 3 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.
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 each race in the 2013 V8 Supercars Championship Series, excluding the 2013 Bathurst 1000 race. The events to be removed are those specified in Item 12.3 of the Schedule to the Principal Notice, as amended by this Notice.
2013 V8 Supercars Championship Series
The 2013 V8 Supercars Championship Series will be held from 28 February to 1 December 2013 in various locations around Australia, New Zealand and the United States of America.
This Notice will remove from the Principal Notice each race in the 2013 V8 Supercars Championship Series, excluding the 2013 Bathurst 1000, which will remain on the anti-siphoning list.
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2013 V8 Supercars Championship Series (the Seven Network) and its affiliates to premiere these events on a digital multi-channel 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 and increase live coverage of the 2013 V8 Supercars Championship Series. 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. 2 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 is a definitions clause.
Clause 4 is the main operative clause.
It provides that the Principal Notice is amended by substituting the existing Item 12.3 of the Schedule to the Principal Notice with a new Item 12.3.
This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 12.3 of the Schedule is that each race of the V8 Supercars Championship Series will remain listed on the Principal Notice, except for each race in the 2013 V8 Supercars Championship Series other than the Bathurst 1000. That is, the 2013 Bathurst 1000 race will be the only event of the 2013 V8 Supercars Championship Series that will remain on the anti-siphoning list.
The substituted Item 12.3 also has the effect of removing a spent provision from the Principal Notice. The spent provision of Item 12.3 specified particular events that occurred during the 2012 V8 Supercars Championship Series.
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 2013 V8 Supercars Championship Series.
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 events to be held as part of the 2013 V8 Supercars Championship Series from the anti-siphoning list will give free-to-air broadcasters greater flexibility and increase live coverage of the 2013 V8 Supercars Championship Series. This will enhance the viewing experience for Australian audiences.
Consultation
The Minister for Broadband, Communications, and the Digital Economy consulted with the Seven Network in relation to this Notice. The Seven Network holds the free‑to air broadcast rights to the 2013 V8 Supercars Championship Series.