Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 7 of 2012)
Issued by the Authority of the Minister for Broadband, Communications
and the Digital Economy
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2012) (the Notice) is made by the Minister for Broadband, Communications and the Digital Economy (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 multi-channel.
This Notice is a legislative instrument for the purposes of subsection 6(d) of the Legislative Instruments Act 2003.
Background
Legislative background
Subsection 115(1) of the BSA provides that the Minister may, by notice in the Gazette, specify events that in the Minister’s opinion should be televised free to the general public. Such a notice is commonly known as the anti-siphoning list.
The inclusion of an event in a subsection 115(1) notice 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 listed on a subsection 115(1) notice. Such restrictions ensure that anti-siphoning events (or parts of those events) are not shown on the broadcasters’ standard definition or high definition television digital multi-channels without first being shown, or being shown simultaneously, on the broadcasters’ main channels during the simulcast period (see Part 4A of Schedule 4 to the BSA). Similar restrictions apply after the end of the simulcast period to ensure that events on the anti-siphoning list are shown first, or shown simultaneously, on commercial television and national broadcasters’ primary digital multi-channels.
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 the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (Lawn Tennis Championships) tennis tournament to be held in 2012.
The events to be removed are those specified in Item 9.2 of the Schedule to the Principal Notice, as amended by this Notice.
2012 Wimbledon
The 2012 Wimbledon tournament is a Grand Slam tennis tournament that will be held between 25 June and 8 July 2012 in Wimbledon, London, in the United Kingdom. It will consist of men’s and women’s singles competitions; men’s, women’s and mixed doubles competitions; and various veterans’, juniors’ and wheelchair events.
The Principal Notice includes the men’s and women’s singles quarter-finals, semi‑finals and finals of the Wimbledon tournament. This Notice will remove from the Principal Notice these matches played as part of the 2012 Wimbledon tournament.
This will allow the free-to-air broadcaster that holds the broadcast rights to the 2012 Wimbledon tournament (the Seven Network) to premiere these matches on a digital multi-channel in each relevant television licence area while regularly scheduled programming is broadcast on its main channel. Specifically, the Seven Network intends to provide live coverage of the delisted singles finals matches (quarter-finals through to the finals) on the digital multichannel 7TWO for the first few hours of play from 3 to 8 July 2012 before returning to the main channel for live coverage of the remainder of that day’s play.
Removing these events from the anti-siphoning list will provide for greater flexibility in the free-to-air television coverage and increase live coverage of the 2012 Wimbledon tournament. This will enhance the viewing experience for Australian audiences.
Notes on Clauses
Clause 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2012).
Clause 2 provides that the Notice will commence on the day it is registered on the Federal Register of Legislative Instruments.
Clause 3 is a definitions clause.
Clause 4 is the main operative clause. It provides that the Principal Notice is amended by adding an exception at the end of existing Item 9.2 of the Schedule to the Principal Notice.
This amendment has the effect of removing the specified events from the Principal Notice. As amended, each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon tournament will remain listed on the Principal Notice (for the purposes of the obligations in Part 4A of Schedule 4 to the BSA), except for the men’s and women’s singles quarter-finals, semi-finals and finals that are held as part of the 2012 Wimbledon tournament.
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 2012 Wimbledon tournament.
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 specific events are televised free to the Australian public. The removal of the men’s and women’s singles quarter-finals, semi‑finals and finals of the 2012 Wimbledon tournament from the anti-siphoning list will give free-to-air broadcasters greater flexibility in broadcasting the free-to-air television coverage and increase live coverage of such events. This will enhance the viewing experience for Australian audiences.
Consultation
Consultation was undertaken by the Minister’s office and the Department of Broadband, Communications and the Digital Economy with the Seven Network following the Seven Network’s request to the Minister that the men’s and women’s singles quarter-finals, semi-finals and finals of the 2012 Wimbledon tournament be removed from the anti‑siphoning list. The Seven Network holds the free-to air broadcast rights to the 2012 Wimbledon tournament.