The Australian Government has legislated a television prominence framework to ensure local TV services are easy for Australian audiences to find on connected TV devices.
The Australian broadcasting landscape has changed dramatically over the last two decades. Audiences can now access a range of local and international TV services through internet-connected devices. While they offer significant benefits for Australian audiences, these technology-driven changes are creating a more challenging environment for local TV services to deliver content to these viewers.
The legislated prominence framework will shape the way TV applications and/or content are presented to Australians. It seeks to ensure that local TV services can be easily found on connected devices, so they can continue to contribute to Australia's public and cultural life.
Bill to legislate the prominence framework
On 29 November 2023, the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 was introduced into Parliament to legislate a prominence framework.
The Bill contained a 'must-carry' prominence framework to ensure that local free-to-air television services can easily be found on connected television devices in Australia.
The Bill and Explanatory Memorandum are available on the Australian Parliament House website.
The Bill provided that regulations can prescribe the minimum prominence requirements that connected TV devices must comply with. The Government published draft regulations to aid stakeholder and Parliamentary consideration of the prominence framework as a whole.
Legislated prominence framework
The prominence framework commenced on 10 July 2024, the day after the Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024 (the Act) received Royal Assent. The Act inserted a new prominence framework as Part 9E of the Broadcasting Services Act 1992.
On 17 December 2024, delegated legislation commenced under the prominence framework to enable Australians to easily find and access their local free-to-air television services on new smart televisions.
The Broadcasting Services (Minimum Prominence Requirements) Regulations 2024 establish the minimum requirements for the prominence framework, prohibiting manufacturers of internet-connected televisions from supplying non-compliant devices in Australia. These include requirements to:
- ensure that the applications that provide access to regulated television services are installed on the device and are able to be updated
- require the applications to be visible on the primary user interface (including the home screen) of the device without a user having to take any other action
- provide that the applications are of a similar size and shape as other applications that provide access to subscription television services and international streaming services.
The regulations and the associated explanatory statement can be found on the Federal Register of Legislation website.
The regulations also set out requirements relating to the display of terrestrially broadcast free-to-air television services, where a device is capable of receiving those services. These free-to-air broadcasting services will include Channel 44 Adelaide, as a result of the making of the Broadcasting Services (Regulated Television Services) Determination 2024. This instrument will ensure that viewers in Adelaide will be able to access Channel 44, along with other free-to-air television services.
The determination and the associated explanatory statement can be found on the Federal Register of Legislation website.
The obligation to comply with minimum prominence requirements will apply in relation to regulated television devices that are manufactured and supplied after 9 January 2026.