Explanatory Statement

Broadcasting Services Act 1992

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

(Amendment No. 6 of 2015)

Issued by the Authority of the Minister for Communications

Purpose

The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 of 2015) (the Notice) is made by the Minister for Communications (the Minister) under subsections 115(1A) and (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. The notice also amends the Principal Notice to update the name of events referring to the Netball World Championships as a result of it being renamed to the Netball World Cup.

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. 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’ primary 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 primary purpose of this Notice is to amend the Principal Notice to remove from the current anti-siphoning list each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the 2015 Wimbledon tennis tournament, each match of the 2015 International Tennis Federation Davis Cup World Group tournament (i.e. the ‘Davis Cup’) involving an Australian representative team, and certain matches of the 2015 Netball World Cup involving the senior Australian representative team. The events to be removed are those specified as exceptions in clauses 9.2, 9.4 and 10.1 of the Schedule to the Principal Notice, as amended by this Notice. This amending Notice also removes spent provisions in the Principal Notice concerning past netball events.

The secondary purpose of this Notice is to update references to the Netball World Championships to its new name, the Netball World Cup. Subsection 115(1A) of the BSA allows the Minister to amend a notice made under subsection 115(1) to add an event to the notice. Subsection 115(1A), in conjunction subsection 115(2), is being used to substitute the events on the list that refer to the Netball World Championships with identical events in the Netball World Cup. The events to be updated are those in clauses 10.2 and 10.3 of the Schedule to the Principal Notice.

2015 Wimbledon tournament

The Wimbledon tennis tournament is an annual ‘Grand Slam’ professional tennis tournament played in England. The 2015 staging of the tournament will be held from 29 June 2015 to 12 July 2015. The tournament consists of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various veterans’, juniors’ and wheelchair events.

This Notice will remove from the Principal Notice each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the 2015 Wimbledon tournament.

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Seven Network and its affiliated stations) to premiere the events on a digital multichannel.

Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the 2015 Wimbledon tennis tournament. This will enhance the viewing experience for Australian audiences.

2015 Davis Cup

The Davis Cup tournament is the premier international team event in men’s tennis. The Australian representative team will compete against the Kazakhstani representative team in Darwin between 17 and 19 July 2015 (inclusive). If the Australian team progresses through the tournament in 2015, it will also compete in a tie to be held between 18 and 20 September 2015 (inclusive) and a tie to be held between 27 and 29 November 2015 (inclusive).

This Notice will remove from the Principal Notice the matches involving the Australian representative team in the 2015 Davis Cup World Group tennis tournament.

This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (the Seven Network and its affiliated stations) to premiere the events on a digital multichannel.

Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the 2015 Davis Cup tournament. This will enhance the viewing experience for Australian audiences.

2015 Netball World Cup

The Netball World Cup (formerly the World Netball Championship) is a quadrennial netball tournament organised by the International Netball Federation (INF). The 2015 staging of the tournament will be held in Australia between 7 and 16 August 2015 (inclusive).

This notice will remove from the Principal Notice each international match involving the senior Australian representative team to be played between 7 and 16 August 2015. This will include certain matches of the 2015 Netball World Cup.

This amendment will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to these matches (Network Ten and its regional affiliates) to premiere coverage on a digital multichannel.

Removing these events from the anti-siphoning list will provide for greater flexibility in free-to-air television coverage and increase live coverage of the international netball matches. This will enhance the viewing experience for Australian audiences.

As noted above, the final and semi-final of the Netball World Championships (when involving the Australian representative team) were included in the Principal Notice. However, the Netball World Championships has since been renamed to the Netball World Cup. Accordingly, the references to the names of these events are being updated.

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 2015).

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 1 - Amendments

Item 1 provides that the Principal Notice is amended by repealing the existing clause 9.2 of the Schedule to the Principal Notice and substituting a new clause 9.2.

Clause 9.2 of the Principal Notice specifies that each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon tennis tournament is included in the anti‑siphoning list. The amendment to clause 9.2 effectively removes from the list all men’s and women’s singles quarter-finals, semi-finals and finals of the 2015 Wimbledon tennis tournament. 

Item 2 provides that the Principal Notice is amended by repealing the existing clause 9.4 of the Schedule to the Principal Notice and substituting a new clause 9.4.

Clause 9.4 of the Principal Notice specifies that each match in each tie of the International Tennis Federation Davis Cup World Group tennis tournament involving an Australian representative team is included in the anti-siphoning list. The amendment to clause 9.4 effectively removes from the list all matches in ties of the 2015 International Tennis Federation Davis Cup World Group tennis tournament involving the Australian representative team.

Item 3 provides that the Principal Notice is amended by repealing the existing clause 10.1 of the Schedule to the Principal Notice and substituting a new clause 10.1.

Clause 10.1 of the Principal Notice specifies that all international netball matches involving the senior Australian representative team selected by the All Australian Netball Association played in Australia or New Zealand are included on the anti‑siphoning list. The repeal and substitution of clause 10.1 has the effect of removing from the Principal Notice each international match involving the senior Australian team to be played between 7 and 16 August 2015. This will include matches that are to be played as part of the 2015 Netball World Cup. Clause 10.1 also removes spent provisions concerning past international netball matches involving the senior Australian representative team played during 2014.

Item 4 provides that the Principal Notice is amended by repealing the existing clause 10.2 of the Schedule to the Principal Notice and substituting a new clause 10.2.

Clause 10.2 of the Principal Notice specifies that the semi-final of the Netball World Championships is included in the anti-siphoning list if it involves the senior Australian representative team. The repeal and substitution of clause 10.2 has the effect of updating the name of the tournament to the Netball World Cup. The International Netball Federation renamed the World Netball Championship as the Netball World Cup in August 2013. This amendment also has the effect of removing from the Principal Notice a spent provision concerning the semi‑final of the 2011 World Netball Championships. Item 4 also makes a grammatical change to clause 10.2.

Item 5 provides that the Principal Notice is amended by repealing the existing clause 10.3 and substituting a new clause 10.3

Clause 10.3 of the Principal Notice specifies that the final of the Netball World Championships is included on the anti-siphoning list if it involves the senior Australian representative team. The repeal and substitution of clause 10.3 has the effect of updating the name of the tournament to the Netball World Cup. The International Netball Federation renamed the World Netball Championship as the Netball World Cup in August 2013. This amendment also has the effect of removing from the Principal Notice a spent provision concerning the final of the 2011 World Netball Championships.

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 the 2015 Wimbledon tennis tournament, the 2015 Davis Cup World Group tennis tournament and the 2015 Netball World Cup.

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 events to be played as part of the 2015 Wimbledon tennis tournament, the 2015 Davis Cup World Group tennis tournament and the 2015 Netball World Cup from the anti‑siphoning list 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.

Consultation

The office of the Minister for Communications consulted with Network Ten, the Seven Network, Netball Australia and Fox Sports in relation to this Notice. Network Ten holds the free‑to-air broadcast rights to the 2015 Netball World Cup. The Seven Network holds the free-to-air broadcast rights to the 2015 Wimbledon tennis tournament and the 2015 Davis Cup tennis tournament. Fox Sports holds subscription broadcast rights to the 2015 Netball World Cup and the 2015 Wimbledon tennis tournament.