Anti-siphoning scheme review

The Albanese Government committed to review the anti-siphoning scheme in the context of the 2022 Federal Election.

The anti-siphoning scheme—set out in the Broadcasting Services Act 1992—prevents subscription television broadcasters from acquiring the right to televise an event on the anti-siphoning list until a free-to-air television broadcaster has acquired a right.

The scheme seeks to increase the likelihood of free televised coverage of nationally important and culturally significant events, such as the Olympic and Commonwealth Games, AFL, Rugby League, Tennis, Cricket and Melbourne Cup.

The current anti-siphoning list expires on 1 April 2023. For the anti-siphoning scheme to continue to operate, a new list will need to be made before this date.

We're seeking feedback on a number of issues, including:

• the policy objective of providing free access to televised coverage of important events and the mechanism to achieve it (currently the scheme and list);
• the potential application of the scheme to new media, such as streaming services;
• the use and disposal of rights to televise events on the list; and
• the composition of the list (the events that should be included on the list).

For more information about the anti-siphoning scheme and list, visit our anti-siphoning webpage.

Relevant documentation

Please contact the department if you would like an accessible copy of the consultation paper at media.reform@communications.gov.au.

The submissions period for the consultation paper was open from 11 October to 6 December 2022. Public submissions are available below.

Comments received by individuals were generally supportive of free coverage of major sporting events and the continuation of the anti-siphoning scheme. Many requested the addition of more sports on the anti-siphoning list, including events featuring national representative teams regardless of where events were played. While comments were generally supportive of sporting events being shown on free-to-air television, a number suggested that 'free to access' was more important as people increasingly utilise online services. Other comments suggested the introduction of a second tier of events, which would be broadcast by subscription services.

In March 2023, the Minister for Communications, the Hon Michelle Rowland MP, remade the anti-siphoning list—the Broadcasting Services (Events) Notice 2023—for an interim period of three years with no material change. The interim list provided stability for industry and audiences while the Government progressed broader reforms to the anti-siphoning scheme. A copy of the anti-siphoning list, along with the Explanatory Statement, is available at: legislation.gov.au.

On 29 November 2023, the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 was introduced into Parliament, to strengthen the anti-siphoning scheme by extending it to regulate online streaming services. The Bill and Explanatory Memorandum are available on the Australian Parliament House website.

On 4 July 2024, the Parliament passed the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2024. The Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024 can be found on the Federal Register of Legislation website.

On 17 December 2024, the reformed anti-siphoning scheme and the modernised anti-siphoning list commenced. The list and the associated explanatory statement can be found on the Federal Register of Legislation website.

Submissions

The following submissions have been created by third parties and may not meet the Web Content Accessibility Guidelines (WCAG) 2.2. For accessible copies, please email media.reform@communications.gov.au.