Anti-siphoning scheme review

We’re seeking feedback on the anti-siphoning scheme and list which operates to support the televising of events of national importance and cultural significance, including sporting events, on free-to-air television.

Why we want your input

The media landscape has changed significantly since the anti-siphoning scheme was introduced in 1994. This review will consider the anti-siphoning scheme and the events on the list in the context of the modern media environment.

How you can voice your opinion

Click on the ‘Have your say’ button below to provide your input to the review. You can do this in two ways: provide a short comment; and / or make a ‘formal submission’. All submissions (other than private submissions) will be published on the website. Comments will not be published but will inform the review process in the same manner as submissions.

What will be the outcome of this consultation?

Comments and submissions will inform the Government’s consideration of reforms to the anti-siphoning scheme and list.

The Issue

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.

Outcome

The review of the anti-siphoning scheme was open to submissions 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—Broadcasting Services (Events) Notice 2023—for an interim period of three years with no material change. The interim list will provide stability for industry and audiences while the Government develops and progresses 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.

Participate

11 Oct 2022 00:00 AEDT
06 Dec 2022 17:00 AEDT
Closed

You can provide input to the review by:

All submissions (other than private submissions) will be published on the website. Comments will not be published but will inform the review process in the same manner as submissions.

If you provide a submission and it is to be made public, please ensure you do not include any personal information that you don't want to be published.

If your submission is confidential, please ensure each page of the submission is marked as confidential.

Please click on the 'Have your say' button below to add a comment or upload your submission.

This consultation is closed.

Australian Privacy Principle 5 Notice

Review of the anti-siphoning scheme

The Department of Infrastructure, Transport, Regional Development, Communications and the Arts (the Department) is collecting information for the purposes of a review of the anti‑siphoning scheme and list, in accordance with the Privacy Act 1988.

The Department will use this information to inform consideration of issues associated with the anti‑siphoning scheme and list and will store this information securely. It may be used by the department to make further contact with you about the review.

The Department will not disclose information to third parties, except in the circumstances outlined below.

Submissions, in part or full, including the name of the author may be published on the department's website unless the submission is confidential. Confidential submissions (including the author's name) will not be published. Private addresses and contact details will not be published or disclosed to any third parties unless required by law.

Submissions will only be treated as confidential if they are expressly stated to be confidential. Automatically generated confidentiality statements or disclaimers appended to an email do not suffice for this purpose. If you wish you make a confidential submission, you should indicate this by ensuring your submission is marked confidential.

Confidential submissions will be kept securely and will only be disclosed in the following circumstances:

  • in response to a request by a Commonwealth Minister
  • where required by a House or a Committee of the Parliament of the Commonwealth of Australia
  • where required by law.

The department may also disclose confidential submissions within the Commonwealth of Australia, including with other Commonwealth agencies, where necessary in the public interest.

Please note that in order to protect the personal privacy of individuals in accordance with the Privacy Act any submissions containing sensitive information, personal information or information which may reasonably be used to identify a person or group of people may not be published, even if not marked as confidential.

The Department’s privacy policy contains information regarding complaint handling processes and how to access and/or seek correction of personal information held by the Department. The Privacy Officer can be contacted on (02) 6274 6495 or by email: privacy@infrastructure.gov.au.

Submissions

Australian Broadcasting Corporation (ABC)
Australian Professional Leagues
Australian's for a Murdoch Royal Commission
Coalition of Major Professional and Participation Sports (COMPPS)
Commonwealth Games Australia
Commonwealth Games Federation Partnerships
Emeritus Professor Rodney Tiffen, Emeritus Professor David Rowe and Professor Brett Hutchins
Foxtel Group
Free TV Australia
Janez Media