The anti-siphoning scheme aims to give free-to-air broadcasters an initial opportunity to buy the television rights to major events included on the anti-siphoning list.
The scheme stops pay television broadcasters from buying the rights to events on the anti-siphoning list unless free-to-air broadcasters have purchased the rights to televise the event. The anti-siphoning list includes events the Minister for Communications believes should be televised free to the general public.
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.
An event is automatically removed from the anti-siphoning list 26 weeks before the event is due to start.
The Minister's powers
The Minister can override automatic delisting if satisfied that a free-to-air broadcaster has not had a reasonable chance to buy the rights.
The Minister can also choose to add or remove events from the anti-siphoning list at any time. The list is a legislative instrument made under the Broadcasting Services Act 1992.
Pay TV operators
Pay TV broadcasters can acquire the television rights to an event 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 has purchased the rights
- 7 days have passed since the end of the event.
Review of the anti-siphoning scheme
The Government is currently reviewing 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 will ensure the continuity of the scheme while the review of the scheme is progressed.
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 was consulted on 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 provides for the equivalent listing of the FIFA World Cup—the men's tournament—and the FIFA Women's World Cup.
Draft anti-siphoning list
The Government introduced legislation to reform the anti-siphoning scheme to Parliament on 29 November 2023. Alongside introduction, the Government published a draft anti-siphoning list to aid the Parliament's consideration of the anti-siphoning framework as a whole.
The Minister for Communications would make the new list following the commencement of the reformed scheme.