Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 3 of 2016)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2016) (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 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 general public. An event or an event of a kind specified in a notice under subsection 115(1) is an ‘anti-siphoning event’ for the purposes of the definition of that term in section 6 of the BSA. The notice made under subsection 115(1) 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 free-to-air 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 free-to-air 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 digital television multichannels 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 remove from the current anti-siphoning list:
- certain matches played as part of the 2016 National Rugby League Premiership competition (‘2016 NRL Premiership’)
- the matches to be played as part of the 2016 National Rugby League State of Origin Series; and
- an international rugby league “test” match to be played between the senior representative teams of Australia and New Zealand.
The events to be removed are specified as exceptions in clauses 5.1, 5.2 and 5.3 of the Schedule to the Principal Notice, as amended by this Notice.
2016 NRL Premiership competition
The 2016 NRL Premiership is being held between 3 March 2015 and 2 October 2016 in various locations around Australia and New Zealand. It consists of 26 rounds and a Finals Series, and is being contested by 16 teams.
This Notice will remove from the Principal Notice non-finals matches to be played between 3 March 2016 and 25 July 2016 (i.e. Rounds 1 to 20) as part of the 2016 NRL Premiership. All other matches of the 2016 NRL Premiership (which includes the Finals Series) will remain on the Principal Notice.
2016 National Rugby League State of Origin Series
The 2016 National Rugby League State of Origin Series is being held between 1 June 2016 and 13 July 2016 in Sydney and Brisbane. It consists of three matches played between teams representing New South Wales and Queensland. This Notice will remove these three matches from the Principal Notice.
International Rugby League Test Match
The international rugby league “test” match between the Australian and New Zealand representative teams is being held on 6 May 2016 in Newcastle. This Notice will remove this match from the Principal Notice.
These amendments will allow (but not require) the free-to-air broadcaster that holds the rights to the affected matches (the Nine Network and its affiliated broadcasters) to premiere coverage on a digital multichannel. Removing these events from the anti-siphoning list will provide for greater flexibility in the free‑to-air television coverage of the matches in question and thus 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 2016).
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 Principal Notice is amended in accordance with the items contained in the attached Schedule.
Schedule 1 - Amendments
Item 1 to the Schedule to the Notice provides that the Principal Notice is amended by repealing existing clause 5.1 of the Schedule to the Principal Notice and substituting a new clause 5.1. This amendment has the effect of excluding from the anti-siphoning list all matches to be played between 3 March 2016 and 25 July 2016 as part of the 2016 NRL Premiership. All matches to be played after 25 July 2016 as part of the 2016 NRL Premiership (which includes the Finals Series) will continue to be specified in clause 5.1 of the Principal Notice.
Item 2 to the Schedule to the Notice provides that the Principal Notice is amended by repealing existing clause 5.2 of the Schedule to the Principal Notice and substituting a new clause 5.2. This amendment has the effect of excluding from the anti-siphoning list all matches to be played between 1 June 2016 and 13 July 2016 as part of the 2016 National Rugby League State of Origin Series.
Item 3 to the Schedule to the Notice provides that the Principal Notice is amended by repealing existing clause 5.3 of the Schedule to the Principal Notice and substituting a new clause 5.3. This amendment has the effect of excluding from the anti-siphoning list the international rugby league “test” match to be played between the Australian and New Zealand representative teams on 6 May 2016.
Statement of Compatibility with Human Rights
(prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 3 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the anti-siphoning list:
- all matches of the 2016 National Rugby League (NRL) Premiership to be played between 3 March 2016 and 25 July 2016;
- all matches of the National Rugby League State of Origin Series to be played between 1 June 2016 and 13 July 2016; and
- the international rugby league “test” match between the Australian and New Zealand representative teams to be played on 6 May 2016.
The purpose of the Principal Notice, also known as the ‘anti-siphoning list’, is to ensure that specified events are televised free to the Australian public. The removal of certain national rugby league matches and an international rugby league “test” match from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility and increase live coverage of the events. This will enhance the viewing experience for Australian audiences.
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 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 league.
Consultation
The office of the Minister for Communications consulted with the Nine Network, Foxtel and the National Rugby League in relation to this Notice. The Nine Network currently holds the free-to-air broadcast rights to the 2016 NRL Premiership matches, 2016 National Rugby League State of Origin matches and the international rugby league “test” match affected by this Notice. Foxtel holds subscription television rights to 2016 NRL Premiership matches. The National Rugby League is the Australian sports body in relation to the rugby league matches affected by this Notice.