Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 3 of 2015)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2015) (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 multi-channel.
This Notice is a legislative instrument for the purposes of paragraph 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 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 these 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 (see Part 4A of Schedule 4 to the BSA). These restrictions continue to apply now that the simulcast period has concluded.
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 match of the 2015 Australian Football League Premiership competition, including the Finals Series but excluding the Grand Final. The amending Notice also removes spent provisions in the Principal Notice concerning matches played as part of the 2014 Australian Football League Premiership competition.
2015 Australian Football League Premiership
The 2015 Australian Football League Premiership competition will be held between 2 April 2015 and 3 October 2015 in various locations around Australia. The 2015 competition will consist of 23 rounds and a Finals Series, and will be contested by 18 teams.
This Notice will remove from the Principal Notice all events held as part of the 2015 Australian Football League Premiership competition, including the Finals Series. However the 2015 Australian Football League Grand Final will remain on the anti-siphoning list.
This amendment will allow (but not require) the free-to-air television broadcasters that hold the free-to-air broadcast rights to the 2015 Australian Football League Premiership competition (the Seven Network and its affiliates) to premiere the delisted event on a digital multi‑channel in each relevant television licence area.
Removing this event from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2015 Australian Football League Premiership competition. This will enhance the viewing experience for Australian audiences.
Notes on Clauses
Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2015).
Section 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.
Section 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 4.1 of the Schedule to the Principal Notice.
Clause 4.1 of the Principal Notice includes each match in the Australian Football League Premiership competition, including the Finals Series, on the anti‑siphoning list. The amendment to clause 4.1 has the effect of excluding from the anti-siphoning list all matches to be played as part of the 2015 Australian Football League Premiership competition, including the Finals Series but excluding the Grand Final. All matches after the 2015 Premiership season will continue to be specified in clause 4.1 of the Principal Notice. The amendment also removes spent provisions concerning matches played as part of the 2014 Australian Football League Premiership competition.
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 Australian Football League.
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 Australian Football League matches from the anti‑siphoning list will give free-to-air broadcasters greater flexibility in coverage of these events and facilitate live coverage. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Communications consulted with Fox Sports and the Seven Network in relation to this Notice. The Seven Network holds the free‑to‑air broadcast rights to the 2015 Australian Football League Premiership competition. Fox Sports holds the subscription broadcast rights to the event.