Explanatory Statement

Broadcasting Services Act 1992

Broadcasting Services (Events) Notice (No. 1) 2010

(Amendment No. 4 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. 4 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 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 round of the 2012 United States Masters tournament, played as part of the Professional Golfers Association Tour. The event to be removed is that specified in Item 11.3 of the Schedule to the Principal Notice, as amended by this Notice.

2012 United States Masters

The 2012 United States Masters tournament will be held from 5 April to 8 April 2012 at the Augusta National Golf Club in the United States.

This Notice will remove from the Principal Notice each round of the 2012 United States Masters tournament, played as part of the Professional Golfers Association Tour.

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2012 United States Masters tournament (Network Ten) 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 live free-to-air television coverage of the 2012 United States Masters 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. 4 of 2012).

Clause 2 provides that the Notice will commence on the day after 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 11.3 of the Schedule to the Principal Notice with a new Item 11.3.

This amendment has the effect of removing certain events from the Principal Notice. Specifically, the effect of new Item 11.3 of the Schedule is that each round of the United States Masters tournament, played as part of the Professional Golfers Association Tour, will remain listed on the Principal Notice, except for each round of the 2012 United States Masters 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 does not engage any of the applicable rights or freedoms and does not raise any human rights issues.

Australia is a signatory to the International Covenant on Civil and Political Rights (one of the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011) (the ICCPR). Article 19 of the ICCPR deals with freedom of expression and Australia has made a reservation to paragraph 2 of Article 19.

This Notice is consistent with such reservation, which states that the regulation of television broadcasting in the public interest with the object of providing the best possible broadcasting services to the Australian people is compatible with Article 19 of the ICCPR.

Furthermore, removing from the anti-siphoning list each round of the 2012 United States Masters tournament will provide for greater flexibility in the live free-to-air television coverage of these events. This will enhance the overall viewing experience for Australian audiences.

Consultation

The Minister for Broadband, Communications, and the Digital Economy consulted with Network Ten in relation to this Notice. Network Ten holds the free-to air broadcast rights to these events in Australia.