Explanatory Statement
Broadcasting Services Act 1992
Broadcasting Services (Events) Notice (No. 1) 2010
(Amendment No. 9 of 2013)
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. 9 of 2013) (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 legislative instrument, 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 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 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 a commercial television broadcaster’s or national broadcaster’s 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 all netball test matches to be played between 15 September 2013 and 7 October 2013 involving the senior Australian representative team and the senior New Zealand representative team.
The events to be removed comprise part of those specified in Item 10.1 of the Schedule to the Principal Notice, as amended by this Notice.
International netball test matches
This Notice will remove from the Principal Notice four netball test matches to be played between 15 September 2013 and 7 October 2013 involving the senior Australian representative team and the senior New Zealand representative team.
This amendment will allow (but not require) the free-to-air broadcaster that holds the free-to-air broadcast rights to the delisted international netball test matches (the Special Broadcasting Service) to premiere the events on a digital multi‑channel across Australia.
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 events. 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. 9 of 2013).
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 substituting existing Item 10.1 of the Schedule to the Principal Notice with a new Item 10.1.
This amendment has the effect of removing the specified events from the Principal Notice. As amended, each international netball match involving the senior Australian representative team selected by the All Australian Netball Association, played in Australia or New Zealand will remain listed on the Principal Notice, except for all matches to be played between 15 September 2013 and 7 October 2013 involving the senior Australian representative team and the senior New Zealand representative team.
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 various international netball test matches involving the senior Australian representative team.
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 four netball test matches to be played between 15 September 2013 and 7 October 2013 involving the senior Australian representative team and the senior New Zealand representative team from the anti‑siphoning list will give free-to-air broadcasters additional flexibility in broadcasting the events and support the provision of live coverage. This will enhance the viewing experience for Australian audiences.
Consultation
Consultations were undertaken by the Minister’s office with the Special Broadcasting Service (SBS) following SBS’s request to the former Minister that four netball test matches to be played between 15 September 2013 and 7 October 2013 involving the senior Australian representative team and the senior New Zealand representative team be removed from the anti‑siphoning list. SBS holds the free-to air broadcast rights to the aforementioned netball test matches.