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

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.