Proposed changes to the anti-siphoning scheme
The anti-siphoning scheme prevents subscription TV from acquiring rights to broadcast sporting events on the anti-siphoning list if the rights to broadcast those events have not been already acquired by an FTA broadcaster. On 25 November 2010, the Government announced reforms to the anti-siphoning scheme.
Summary Points
- a new two-tier anti-siphoning list, comprising an A-list of “iconic” events such as Grand Finals, cricket test matches, the Melbourne Cup and Bathurst 1000, which must be shown live and in full by free-to-air broadcasters on their main channel, and a B-list of events that can be broadcast on digital multichannels and with up to 4 hours’ delay;
- FTA networks will be required to show Tier A events live and in full while events on Tier B must also be shown in full and commence within four hours. Currently there are no requirements for coverage of events;
- use it or lose it provisions will require FTA networks to use the rights they acquire or offer them to other broadcasters under new “must-offer” rules - if no other FTA broadcaster takes up those rights the broadcasting rights must be offered to subscription TV;
- an extension to the automatic delisting period from 12 to 26 weeks (and up to 52 weeks for AFL and NRL), freeing up the sale of rights to listed events that free-to-air broadcasters have no interest in;
- an extension of the list to new media including IPTV or other online service providers;
- the new rules will remove from the list those AFL and NRL games that currently screen exclusively on subscription TV. Before this removal occurs, however, the Government plans to introduce a mechanism to protect the quality of the games on FTA;
- the implementation of the changes requires legislative approval, and will be introduced into the Parliament as soon as possible.
ASTRA’s Position
ASTRA supports parts of the Government’s proposed changes to the anti-siphoning scheme. ASTRA and its members have consistently argued for reform of the anti-siphoning scheme as the list is the longest in the world and is an anti-competitive tool in Australian legislation.
Proposed changes to the list recognise that the terrestrial networks do not broadcast the majority of sporting events on the list. Currently 1,300 events are listed and until recently only 16 per cent were being shown live and only 25 per cent were being shown at all.
However STV is disappointed that some events that are not broadcast by the terrestrial networks have not been de-listed such as those matches of the Australian Open Tennis not broadcast by the terrestrial networks today. There also remain some very important details on the AFL, NRL and soccer that need to be finalised and ASTRA will work constructively with the Government on these critical aspects of the new scheme.
Direct Link to the Future Anti-Siphoning List