Chapter 1Introduction
Introduction
1.1On 30 November 2023, the Senate referred the provisions of the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 (the bill) to the Senate Environment and Communications Legislation Committee (the committee) for inquiry and report by 26 March 2024. On 20March 2024, the committee was granted an extension of time for the report until 9 April 2024.
1.2The bill contains two schedules. Schedule 1 would introduce a prominence framework for connected televisions (TVs) in Australia. That is, the proposed prominence framework seeks to ensure that manufacturers of smart TVs prominently display Australian TV channels on new devices being supplied to the Australian market.
1.3Schedule 2 aims to modernise the existing anti-siphoning scheme. The anti‑siphoning reforms aim to safeguard free access to televised coverage of nationally significant sporting events. The bill would expand:
the list of free events;
the time in which the media rights of these events would be able to be acquired by paid services; and
which additional services would be subject to the scheme.
1.4Further background information about both schemes is provided in the following chapters.
Conduct of the inquiry
1.5Details of the inquiry were advertised on the committee's website, including a call for submissions by 22 January 2024. The committee wrote to various stakeholders to invite them to make submissions. Following the release of the proposed prominence framework draft regulations in early February 2024, the committee invited supplementary submissions from submitters by 16February2024.
1.6Submissions were received from individuals, organisations, peak bodies and other interested groups and associations. The committee received 27 written submissions, which are listed at Appendix 1 and are available from the committee's website. Additional information provided by inquiry participants is also listed in Appendix 1.
1.7In addition to public submissions, the committee also received confidential advice from free to air commercial broadcasters.
1.8The committee held a public hearing in Canberra on 23 February 2024. Witnesses are listed in Appendix 2. Hearing programs, transcripts of hearings, and answers to questions on notice are available from the committee’s website.
Human rights compatibility
1.9The Explanatory Memorandum outlined that the bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.The Parliamentary Joint Committee on Human Rights did not have any comments on the bill.
Scrutiny of Bills Committee consideration
1.10The Senate Standing Committee for the Scrutiny of Bills had no comment on the bill.
Structure of the report
1.11This report comprises the following chapters:
Chapter 1 provides background information on the inquiry and the bill.
Chapter 2 outlines the proposed prominence framework, key issues raised by submitters, and the committee’s view and recommendations.
Chapter 3 explores the proposed reforms to the anti-siphoning scheme, key issues raised by submitters and the committee’s view and recommendation.
Acknowledgements
1.12The committee thanks the organisations and individuals that took the time to lodge submissions and those that provided evidence at the committee’s public hearing.