The anti-siphoning scheme aims to promote the free availability to audiences throughout Australia of television coverage of events of national importance and cultural significance.
The scheme prevents media content services—including subscription television broadcasters and streaming services—from acquiring a right to televise or otherwise provide coverage of an event on the anti-siphoning list unless a free-to-air broadcaster has a right to televise the event on a broadcasting service. The anti-siphoning list, which is a legislative instrument made under the Broadcasting Services Act 1992 (the BSA), includes events the Minister for Communications believes should be televised free to the general public.
An event is automatically removed from the anti-siphoning list 26 weeks before the event is due to start.
The Minister can override automatic delisting if satisfied that a free-to-air broadcaster has not had a reasonable chance to buy the rights.
Free-to-air broadcasters don't have to buy the rights to televise events on the anti-siphoning list. Even if they do buy the rights, they don't have to show the event live: they could broadcast the event later, or not at all.
Media content service providers can acquire the right to televise or otherwise provide coverage of an event on the list if:
- the event is automatically removed from the anti-siphoning list
- the Minister removes the event from the list
- a national broadcaster (ABC or SBS) or commercial television broadcasters with a combined audience of more than half of the Australian population have purchased the right to televise the event
- 7 days have passed since the end of the event.
Review of the anti-siphoning scheme
The Government has reviewed the scheme to ensure it remains fit for purpose for the contemporary media environment.
After an initial consultation from October to December 2022, the anti-siphoning list was remade in March 2023 for an interim period of 3 years with no substantive changes. The interim list was made to ensure the continuity of the scheme while the review of the scheme was undertaken.
Feedback from the initial consultation informed the development of a proposals paper, setting out a range of reform options to update the scheme and list. This paper was subject to consultation from August to September 2023.
In September 2023, the Minister amended the anti-siphoning list to include selected FIFA Women's World Cup matches, including every match of the tournament involving the senior Australian representative team; the tournament final; and qualifying matches involving the senior representative team that are played in Australia. The amended list provided for the equivalent listing of the FIFA World Cup—the men's tournament—and the FIFA Women's World Cup.
Reform of the anti-siphoning scheme and list
The Government introduced the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 to Parliament on 29 November 2023. Among other matters, the Bill set out a range of reforms to the anti-siphoning scheme. Alongside introduction, the Government published a draft anti-siphoning list to aid stakeholder and Parliamentary consideration of the anti-siphoning framework as a whole.
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, strengthening the anti-siphoning scheme by extending it to regulate online streaming services.
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, contained in Part 10B of the BSA, commenced.
The proclamation commencing the scheme can be found on the Federal Register of Legislation website.
A new anti-siphoning list—the Broadcasting Services (Anti-Siphoning List) Instrument 2024—also commenced on 17 December 2024. The new list better reflects the modern media landscape and moderately broadens the composition of nationally important and culturally significant events. Importantly, the new list includes additional women's sporting events and Para-sports events which have historically not been listed, or not listed for certain sports, under the scheme.
The list and the associated explanatory statement can be found on the Federal Register of Legislation website.