Remaking the Broadcasting Service Exclusion Determination

The Broadcasting Services (“Broadcasting Service” Definition – Exclusion) Determination 2019 (the Determination), and its precursor instrument known as the ‘Alston Determination’ (Determination under paragraph (c) of the Definition of ‘Broadcasting Service’ (No. 1 of 2000)), excludes certain types of online live-streaming services from the definition of ‘broadcasting service’ under the Broadcasting Services Act 1992 (BSA). While ultimately dependent upon the service in question, this generally includes online television simulcasts, online radio stations, and live-streaming on social media and other digital platforms.

If the Determination expires on 18 September 2022 without being remade, businesses operating in the online live-streaming environment are likely to face significant legal, regulatory and commercial uncertainty.

Pending the views of interested parties, the Government proposes to remake the Determination in the broadly the same terms to provide industry with stability while it progresses broader reforms to modernise Australia’s media regulatory landscape.

Relevant documentation

Consultation Paper – The Broadcasting Service Exclusion Determination Consultation Paper
PDF: 1493 KB DOCX: KB

Submissions can be uploaded to this page or provided by email.

Privacy notice

Your submission, including any personal information supplied, is being collected by the department in accordance with the Privacy Act 1988 (the Privacy Act), for the purpose of public consultation on Remaking the Broadcasting Service Exclusion Determination, and as authorised under the Privacy Act.

The department will use this information to inform government consideration of whether to remake the Broadcasting Services (“Broadcasting Service” Definition – Exclusion) Determination 2019, and on what terms.

Your personal information will be stored securely by the department. It may be used by the department to make further contact with you about the consultation process. Your personal information will not be disclosed to any other 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 Confidential submissions (including the author's name) will not be published. Private addresses and contact details will not be published or disclosed to any third parties unless required by law.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 at privacy@infrastructure.gov.au.

The Broadcasting Services Exclusion Determination consultation ran from 17 August to 8 September 2022.

After careful consideration of the issues and the views of parties that provided submissions to the consultation process, the Minister for Communications, the Hon Michelle Rowland MP, made the Broadcasting Services (“Broadcasting Service” Definition – Exclusion) Determination 2022. The Determination was registered and commenced on 14 September 2022.

A copy of the Determination, along with the Explanatory Statement, is available at legislation.gov.au.

The Determination will be in force for 5 years, during which time the Government will progress its commitment to broader reform of Australian media regulations.