Explanatory Statement

Broadcasting Services Act 1992

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

(Amendment No. 4 of 2016)

Issued by the Authority of the Minister for Communications

Purpose

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 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 the 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 those events to be premiered on a ‘free-to-air’ television digital multichannel.

This Notice is a legislative instrument for the purposes of subsection 8(2) of the Legislation 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 the Notice is to remove from the current anti-siphoning list:

• the final of the 2016 International Cricket Council Twenty20 World Cup; and
• each match of the 2016 International Cricket Council Twenty20 World Cup involving the senior Australian representative team selected by Cricket Australia.

The events to be removed are specified as exceptions in clauses 7.7 and 7.8 of the Schedule to the Principal Notice, as amended by the Notice.

2016 International Cricket Council Twenty20 World Cup

The 2016 International Cricket Council Twenty20 World Cup is being held between 8 March and 3 April 2016 in India. It will consist of group stages and a finals series, and will be contested by 16 teams. The Notice will remove from the Principal Notice the final and each match involving the senior Australian representative team selected by Cricket Australia played as part of the 2016 tournament.  

Consultation

The office of the Minister for Communications consulted with the Nine Network, Foxtel and Cricket Australia in relation to the Notice. The Nine Network currently holds the free‑to-air broadcast rights to the 2016 International Cricket Council Twenty20 World Cup matches affected by the Notice. Foxtel holds subscription television rights to the 2016 International Cricket Council Twenty20 World Cup. Cricket Australia is the governing sports body for the senior Australian representative cricket team.

Notes on Clauses

Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 4 of 2016).

Section 2 provides that the Notice commences on the day it is registered on the Federal Register of Legislation.

Section 3 provides that the Principal Notice is amended in accordance with the items contained in Schedule 1 to the Notice.

Schedule 1 – Amendments

Item 1 of Schedule 1 to the Notice provides that the Principal Notice is amended by repealing existing clause 7.7 of the Schedule to the Principal Notice and substituting a new clause 7.7. This amendment has the effect of excluding from the anti-siphoning list the final of the 2016 International Cricket Council Twenty20 World Cup. All finals after the 2016 tournament will continue to be specified in clause 7.7 of the Principal Notice.

Item 2 of Schedule 1 to the Notice provides that the Principal Notice is amended by repealing existing clause 7.8 of the Schedule to the Principal Notice and substituting a new clause 7.8. This amendment has the effect of excluding from the anti-siphoning list each match of the 2016 International Cricket Council Twenty20 World Cup involving the senior Australian representative team selected by Cricket Australia. All such matches involving the Australian team played after the 2016 tournament will continue to be specified in clause 7.8 of the Principal Notice.

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. 4 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the anti-siphoning list:

• the final of the 2016 International Cricket Council Twenty20 World Cup; and
• each match of the 2016 International Cricket Council Twenty20 World Cup involving the senior Australian representative team selected by Cricket Australia.

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 international cricket matches 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 cricket.