Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 8 of 2015)
Issued by the Authority of the Minister for Communications
Purpose
The Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 8 of 2015) (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 general 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 purpose of this Notice is to amend the Principal Notice to effectively remove from the current anti-siphoning list all matches played as part of the 2015 National Rugby League (NRL) Premiership competition, including the Finals Series but excluding the Grand Final, and certain matches played as part of the 2015 Rugby World Cup tournament. The events to be removed are specified as exceptions in clauses 5.1, 6.2 and 6.3 of the Schedule to the Principal Notice, as amended by this Notice.
2015 NRL Premiership competition
The 2015 NRL Premiership is being held between 5 March 2015 and 4 October 2015 in various locations around Australia and New Zealand. It consists of 26 rounds and a Finals Series, and is being contested by 16 teams. This Notice will remove from the Principal Notice all matches played as part of the 2015 NRL Premiership competition, including the Finals Series but excluding the Grand Final. Matches played between 5 March and 27 July 2015 (i.e. Rounds 1 to 20) as part of the 2015 NRL Premiership were removed from the Principal Notice by the Broadcasting Services (Events) Notice (No. 1) 2010 (Amendment No. 2 of 2015). This Notice serves to remove all remaining matches of the 2015 NRL Premiership and Finals Series (excluding the Grand Final) from the Principal Notice.
2015 Rugby World Cup tournament
The 2015 Rugby World Cup tournament will be held between 18 September and 31 October 2015 in England and Wales. This Notice will remove from the Principal Notice each match to be played as part of the 2015 tournament involving the senior Australian representative team selected by the Australian Rugby Union, along with the quarter-finals, semi-finals and final of the tournament.
These amendments will allow (but not require) the free-to-air broadcaster that holds the broadcast rights to the 2015 NRL Premiership (excluding the Grand Final) and the 2015 Rugby World Cup tournament, the Nine Network and its affiliates, to premiere coverage of the ‘delisted’ events on a digital multichannel. Removing these events from the anti-siphoning list will provide for greater flexibility in the free‑to-air television coverage of the matches in question and thus enhance 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 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 5.1 of the Schedule to the Principal Notice and substituting a new clause 5.1.
Clause 5.1 of the Schedule to the Principal Notice specifies that each match in the National Rugby League Premiership Competition, including the Finals Series, is included in the anti-siphoning list, except for matches played between 5 March 2015 and 27 July 2015 as part of the 2015 National Rugby League Premiership Competition. This amendment has the effect of extending this exception to exclude from the anti-siphoning list the remaining matches to be played as part of the 2015 National Rugby League Premiership competition, including the Finals Series but excluding the Grand Final.
Item 2 provides that the Principal Notice is amended by repealing the existing clause 5.2 of the Schedule to the Principal Notice and substituting a new clause 5.2.
Clause 5.2 of the Schedule to the Principal Notice specifies that each match in the National Rugby League State of Origin Series is included in the anti-siphoning list, except for any of those matches held as part of the 2015 National Rugby League State of Origin Series, which has now finished. This amendment removes the spent provision concerning those past matches.
Item 3 provides that the Principal Notice is amended by repealing paragraph 6.1(a) of the Schedule to the Principal Notice.
Clause 6.1 of the Schedule to the Principal Notice specifies that 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 is included in the anti-siphoning list, except for two specified matches. The match specified in paragraph 6.1(a) was played on 18 July 2015. This amendment removes the spent provision concerning that past match.
Item 4 provides that the Principal Notice is amended by repealing the existing clause 6.2 of the Schedule to the Principal Notice and substituting a new clause 6.2.
Clause 6.2 of the Schedule to the Principal Notice specifies that each match in the quarter-finals, semi-finals and the final of the Rugby World Cup tournament is included in the anti-siphoning list. This amendment has the effect of excluding from the anti-siphoning list each match in the quarter‑finals, semi‑finals and the final of the 2015 Rugby World Cup tournament.
Item 5 provides that the Principal Notice is amended by repealing the existing clause 6.3 of the Schedule to the Principal Notice and substituting a new clause 6.3.
Clause 6.3 of the Schedule to the Principal Notice specifies that each match in Rugby World Cup tournament involving the senior Australian representative team selected by the Australian Rugby Union is included in the anti-siphoning list. This amendment has the effect of excluding from the anti-siphoning list each match played as part of the 2015 Rugby World Cup tournament involving the senior Australian representative team selected by the Australian Rugby Union.
Item 6 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 Schedule to the Principal Notice specifies that each match in the men’s and women’s singles quarter-finals, semi-finals and finals of the Wimbledon (the Lawn Tennis Championships) tennis tournament is included in the anti-siphoning list, except for any of those matches held as part of the 2015 Wimbledon tennis tournament. The 2015 tournament has now finished. This amendment removes the spent provision concerning those past matches.
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 rugby league and rugby union.
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 rugby league and rugby union matches from the anti‑siphoning list will give relevant free-to-air broadcasters greater flexibility and increase live coverage of these events. This will enhance the viewing experience for Australian audiences.
Consultation
The office of the Minister for Communications consulted with the Nine Network and Fox Sports in relation to this Notice. The Nine Network currently holds the free-to-air broadcast rights to the 2015 NRL Premiership matches and the 2015 Rugby World Cup tournament matches affected by this Notice. Fox Sports holds subscription television rights to 2015 NRL Premiership and the 2015 Rugby World Cup tournament matches.