Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 8 of 2014)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 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 each match in the men’s and women’s singles quarter‑finals, semi-finals and finals of the 2014 Wimbledon tournament. The events to be removed are listed in clause 9.2 of the Schedule to the Principal Notice, as amended by this Notice. The Notice will also repeal spent provisions concerning past tennis events.
2014 Wimbledon tournament
The 2014 Wimbledon tournament is a Grand Slam tennis tournament that will be held from 23 June 2014 to 6 July 2014 in England. 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.
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 2014 Wimbledon tournament.
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the 2014 Wimbledon tournament, the Seven Network (Seven), to premiere these events on a digital multichannel. This will provide Seven and its affiliated regional stations with greater flexibility in the free-to-air television coverage of the tournament and, in particular, increase the potential for live coverage of the event, thereby enhancing 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. 8 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 repeals and replaces clause 9.1 of the Schedule to the Principal Notice with the effect of removing spent provisions concerning the 2014 Australian Open tennis tournament. The substituted clause provides that each match of the Australian Open tennis tournament will continue to be specified in clause 9.1 of the Principal Notice.
Item 2 repeals and replaces clause 9.2 of the Schedule to the Principal Notice. Clause 9.2 of the Principal Notice includes each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (the Lawn Tennis Championships) tournament. The substituted clause has the effect of excluding from the anti‑siphoning list each match in the men’s and women’s singles quarter‑finals, semi‑finals and finals of the 2014 Wimbledon tournament. Such matches played as part of future Wimbledon tournaments will continue to be specified in clause 9.2 of the Principal Notice.
Item 3 amends clause 9.3 of the Schedule to the Principal Notice to remove a spent reference to the 2013 United States Open tennis tournament.
Item 4 repeals and replaces clause 9.4 of the Schedule to the Principal Notice with the effect of removing spent provisions concerning the 2014 Davis Cup tennis tournament. The substituted clause provides that each match in each tie of the International Tennis Federation Davis Cup World Group tennis tournament involving an Australian representative team will continue to be specified in clause 9.4 of the Principal Notice.
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 Wimbledon tennis 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 Wimbledon tennis 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 the Seven Network, Tennis Australia, Foxtel and Fox Sports in relation to this Notice. Seven holds the free‑to‑air broadcast rights to the 2014 Wimbledon tennis tournament.