Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 6 of 2014)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2014) (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 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 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 amend the Principal Notice to remove from the current anti-siphoning list a number of events held as part of the 2014 Fédération Internationale de Football Association (FIFA) World Cup tournament. The events to be removed are listed in clause 8.2 of the Schedule to the Principal Notice, as amended by this Notice.
2014 FIFA World Cup tournament
The 2014 FIFA World Cup tournament will be held from 12 June 2014 to 13 July 2014 in various locations around Brazil, with 32 nations competing. The tournament consists of 64 matches and involves a group stage, a round of 16, quarter finals, semi-finals and a final. There are 8 groups each consisting of 4 teams. Each team plays 3 matches in their group, with the two highest ranked teams of each group advancing to the round of 16. All subsequent matches are played as ‘sudden death’ elimination, and competing teams must win their matches to progress to the finals.
This Notice will remove from the Principal Notice all 16 matches in the third round of the group stage in the 2014 FIFA World Cup tournament. All other matches of the tournament will remain on the anti‑siphoning list.
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2014 FIFA World Cup tournament, the Special Broadcasting Service (SBS), to premiere these events on a digital multichannel.
Matches from the same group in the third round of the group stage of the tournament are played concurrently. Therefore removing these events from the anti-siphoning list will allow the relevant broadcaster, SBS, to show both games live simultaneously by utilising its main digital channel and a digital multichannel. 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. 6 of 2014).
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 corrects a clause numbering error in the Principal Notice.
Item 2 amends clause 8.2 of the Schedule to the Principal Notice.
Clause 8.2 of the Principal Notice includes each match of the Fédération Internationale de Football Association World Cup tournament. The amendment to clause 8.2 has the effect of excluding from the anti-siphoning list all 16 matches in the third round of the group stage in the 2014 FIFA World Cup tournament. All other matches of the tournament will remain on the anti‑siphoning list.
The specific matches to be delisted are:
Group | Matches |
Group A | Cameroon vs. Brazil Croatia vs. Mexico |
Group B | Australia vs. Spain Netherlands vs. Chile |
Group C | Japan vs. Colombia Greece vs. Ivory Coast |
Group D | Italy vs. Uruguay Costa Rica vs. England |
Group E | Ecuador vs. France Honduras vs. Switzerland |
Group F | Nigeria vs. Argentina Bosnia-Herzegovina vs. Iran |
Group G | Portugal vs. Ghana United States vs. Germany |
Group H | Algeria vs. Russia South Korea vs. Belgium |
It is intended that subsequent matches between the teams listed in new Item 8.2 would remain on the anti-siphoning list. For example, if Cameroon and Brazil both advanced beyond the group stage and were to play against each other at a later stage of the 2014 FIFA World Cup, that later match would remain on the anti-siphoning list and would be subject to the relevant provisions of the BSA.
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 certain 2014 FIFA World Cup matches.
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 2014 FIFA World Cup 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 SBS and Football Federation Australia (FFA) in relation to this Notice. SBS holds the free‑to‑air broadcast rights to the 2014 FIFA World Cup tournament.