Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 6 of 2016)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 6 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 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 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 three rugby union “test” matches involving the senior Australian representative team to be played in Australia in June 2016 from the current anti-siphoning list.
Rugby union “test” matches involving Australia
Three international rugby union “test” matches are to be played between the senior Australian representative team and the senior English representative team on:
- 11 June 2016 (in Brisbane);
- 18 June 2016 (in Melbourne); and
- 25 June 2016 (in Sydney).
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to these events (Network Ten) and its affiliated stations to premiere coverage of these the events on a digital multichannel. Removing these matches from the anti-siphoning list will provide greater flexibility in free-to-air television coverage and enhance the viewing experience for Australian audiences.
Consultation
The Office of the Minister for Communications has consulted with Network Ten, Foxtel and the Australian Rugby Union in relation to this Notice. Network Ten holds the free‑to-air broadcast rights to the rugby union “test” matches affected by this Notice, while Foxtel holds subscription television rights to these matches.
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 2016).
Section 2 provides that the Notice commences on the day it is registered on the Federal Register of Legislative Instruments.
Section 3 provides that the Principal Notice is amended in accordance with the item contained in Schedule 1 to the Notice.
Schedule 1 - Amendments
Item 1 of Schedule 1 to the Notice repeals clause 6.1 of the Schedule to the Principal Notice and substitutes it with a revised clause. The existing clause 6.1 includes each international “test” match involving the senior Australian representative team selected by the Australian Rugby Union, played in Australia, New Zealand, South Africa or Europe. The revised clause 6.1 has the effect of excluding from the anti-siphoning list three international “test” matches involving the senior Australian representative team, selected by the Australian Rugby Union. The first effected match is to be played on 11 June 2016, the second on 18 June 2016 and the third on 25 June 2016. Future international “test” matches involving the senior Australian representative team selected by the Australian Rugby Union, played in Australia, New Zealand, South Africa or Europe, 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. 6 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the Principal Notice three international “test” matches involving the senior Australian representative team, selected by the Australian Rugby Union, to be played on 11 June 2016, 18 June 2016 and 25 June 2016.
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 rugby union “test” matches involving the senior Australian team 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 events 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 international rugby union “test” matches.