The Albanese government’s Prominence and Anti-siphoning Bill passed the Senate yesterday and has been met with a mixed reaction.
The new law contains what has been described as a “loophole” allowing streaming platforms to outbid local free-to-air services for the broadcast rights of major sporting events such as the NRL and AFL grand finals, the Australian Open and the Olympics.
Currently, the anti-siphoning law requires big sporting occasions to be broadcast free to all Australians. However, the law currently only covers linear TV. This means that Australians who only watch TV digitally would not be able to access the broadcasts if a paywalled streamer wins the digital broadcast rights.
Under the new rules, TV manufacturers must install applications providing broadcasting-video-on-demand television services provided by free-to-air television broadcasters; and make those services available on the primary user interface of regulated devices.
However, Free TV, the body that represents the free-to-air TV networks, said that the new law will only apply to new TVs supplied in 18 months’ time, meaning that consumers with existing connected TVs will see the paid apps at the top of the feed.
“The prominence rules should apply to both new and existing connected TVs. We all know that not everyone can afford a new TV – especially at the moment – when people are already struggling to balance weekly grocery budgets and pay energy bills. Even the Government’s own research shows that less than 1 in 10 people buy a new TV set each year,” said Free TV CEO Bridget Fair.
While most major sporting events are also broadcast on the free digital services — such as 9Now, 10Play and 7Plus — that accompany the linear services, the anti-siphoning laws were introduced in the 90s to prevent major sporting events being gobbled up by paywalled services by giving free-to-air networks the chance to bid first.
Greens Senator Sarah Hanson-Young described the government as “technological troglodytes” who were out of touch with the cost of living, young people and regional Australia.
“Labor, Liberal and the Nationals have colluded to ram through a law that is going to make it harder for millions of households around the country to access sport for free,” Hanson-Young said in a statement on Thursday.
“The Government and the Coalition have sold out free sport today, doing the dirty work of the Murdoch media and giant American streaming corporations like Amazon and Netflix,” she added.
“We could have fixed this sports streaming law to protect free access to significant events like the Matildas, the rugby, the footy and the Olympics in our digital age. Now, Australians will need to pull out their credit card and pay Mr. Murdoch on Kayo for the privilege of barracking for their own team.
“Regional communities where local television stations are increasingly closing down, you’ve been sold down the river today by the National Party who chose big corporate profits over the community’s right to free sport in a digital age.”
“How could this be allowed to happen in a country that has always celebrated the fair go for all?” added Fair.
“We know that increasing numbers of Australians are watching their free TV services online but these laws leave those people with no guarantee of free sport. Research shows that 69 per cent of Australians access their TV via the Internet, so it’s hard to understand why these laws do not look after their interests and guarantee free sport for the millions who watch TV online.
“The laws contain significant gaps that will ultimately undermine the whole anti-siphoning framework and force Australians to pay thousands of dollars to streaming services to access the sporting events that Australians expect to watch for free,” she said.
Communications Minister Michelle Rowland, meanwhile, said that new reforms made clear that the government was protecting local services.
“These reforms improve access to free-to-air television services on new connected television devices by ensuring local services aren’t crowded out by global streamers,” she said in a statement.
“Bringing streaming companies into the anti-siphoning scheme for the first time will help prevent iconic sporting events from slipping behind online paywalls.
“These important reforms mark an important step in bringing Australia’s media laws into the 21st century”.
