Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 7 of 2016)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 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.
This 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 general 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 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 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 digital television 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 remove from the current anti-siphoning list each event held between 6 and 22 August 2016, as part of the 2016 Summer Olympic Games, including the Opening Ceremony and the Closing Ceremony.
2016 Summer Olympic Games
The 2016 Summer Olympic Games will be held in Rio de Janeiro (Brazil) between 5 and 21 August inclusive (local time in Rio de Janeiro). Due to time zone differences, all of the events comprising this Summer Olympic Games will occur in Australia between 6 and 22 August 2016 (across all Australian time zones). This event is held every four years and involves an Opening Ceremony, Closing Ceremony and various individual and team athletic competitions.
The Notice will remove from the Principal Notice each event held as part of the 2016 Summer Olympic Games, including the Opening Ceremony and the Closing Ceremony. This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the event (the Seven Network) and its affiliated stations 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 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 in relation to this Notice. The Seven Network holds the exclusive rights to the 2016 Summer Olympic Games.
Notes on Clauses
Section 1 provides that the name of the Notice is the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 7 of 2016).
Section 2 provides that the Notice commences on the day it is registered on the Federal Register of Legislation.
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 1.1 of the Schedule to the Principal Notice and substitutes it with a revised clause. The existing clause 1.1 includes each event held as part of the Summer Olympic Games, including the Opening Ceremony and the Closing Ceremony.
The revised clause 1.1 has the effect of excluding from the anti-siphoning list all events held as part of the 2016 Summer Olympic Games, including the 2016 Summer Olympic Opening and Closing Ceremonies. These events will occur between 6 and 22 August 2016 (Australian time). Future occurrences of the Summer Olympic Games (i.e. after 2016) 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. 7 of 2016) (Notice) amends the Broadcasting Services (Events) Notice (No. 1) 2010 (Principal Notice) to exclude from the Principal Notice all events held as part of the 2016 Summer Olympic Games, including the Opening Ceremony and the Closing Ceremony; all of these events will occur between the period 6 and 22 August 2016 (Australian time).
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 Summer Olympic Games from the anti‑siphoning list, as set out in the Notice, will give relevant free-to-air broadcasters greater flexibility and increase live coverage of this event. 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 the Notice promotes freedom of expression and cultural rights by facilitating greater access by all Australians to coverage of all of the events comprising the 2016 Summer Olympic Games.