Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 5 of 2016)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 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.
The 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 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 anti-siphoning events (or parts of these events) are not shown on the broadcasters’ standard definition or high definition television digital 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 amend the Principal Notice to remove from the current anti-siphoning list each round of the 2016 United States Masters tournament played as part of the Professional Golfers Association Tour.
2016 United States Masters
The 2016 United States Masters golf tournament will be held from 7 to 10 April 2016 at the Augusta National Golf Club in the United States. The Notice will remove from the Principal Notice each round of the 2016 United States Masters golf tournament. This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the tournament (the Seven Network) and its affiliated stations to premiere coverage of the tournament on a digital multichannel. Removing this event from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the event. In turn, this will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Communications consulted with the Seven Network and Foxtel in relation to the Notice. The Seven Network holds free‑to‑air broadcast rights to the 2016 United States Masters tournament. Foxtel holds subscription television rights to the tournament.
Notes on Clauses
Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 5 of 2016).
Section 2 provides that the Notice commences on the day after 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 repeals clause 11.3 of the Schedule to the Principal Notice and substitutes it with a revised clause. The existing clause 11.3 includes each round of the United States Masters tournament, played as part of the Professional Golfers Association Tour. The revised clause 11.3 has the effect of excluding from the anti-siphoning list all of the rounds of the 2016 United States Masters tournament. Future United States Masters tournaments will continue to be specified under 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. 5 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the anti-siphoning list the 2016 United States Masters golf tournament from the anti‑siphoning list.
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 the 2016 United States Masters tournament from the anti‑siphoning list, as set out in the Notice, will give free-to-air broadcasters greater flexibility when providing television coverage of the event and facilitate live coverage. 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 it promotes freedom of expression and cultural rights by facilitating greater access by all Australians to coverage of the 2016 United States Masters golf tournament.