Australian Greens additional comments

1.1Strong media reform is critical for regulation of a rapidly transforming industry. Yet this Bill, if passed in its current form, will be obsolete before it is even fully implemented.

1.2It is disappointing to see that rather than tackling urgently needed media reform, such as a commission of inquiry to determine whether existing media regulation is fit-for-purpose and investigate the concentration of media ownership in Australia, the Minister for Communications has prioritised introducing a bill that does little more than tinker around the edges.

Anti-siphoning

1.3The Australian Greens strongly disagree that the anti-siphoning provisions should be passed without amendment. This scheme must be amended to bundle free-to-air digital and broadcast rights together, reflecting the changing nature of Australian viewing trends and the rise of broadcasting video-on-demand (BVOD) services.

1.4If not, this legislation risks handing over the rights of Australian sports coverage to global giants at the expense of Australians being able to access them on platforms they can use for free. Foxtel, owned by the Murdoch empire, would get access to Australian sports ahead of our public broadcasters and their BVOD services. Iconic Australian sports including the Matildas, test cricket and the AFL could be locked behind paywalls for a large proportion of the population.

1.5All Australians should have free and equal access to nationally significant sporting events—some of our most important cultural moments—and this anti‑siphoning scheme must be amended to guarantee that right. Australia’s own public broadcasters, ABC and SBS, should be able to show sports Australians love on the devices they use, when they want, for free.

Prominence

1.6The prominence framework similarly will not deliver as promised without changes to ensure it can adapt to rapid technological change. As it stands, the legislation is at high risk of being obsolete well before its planned review in five years and must be amended to be more reflective of shifting trends in Australian viewing patterns.

1.7To ensure a smooth and rapid transition to a changing media landscape, the transition period should be reduced to a six-month timeframe. If implementation of the framework is delayed beyond what is necessary, it risks negating any possible benefits due to obsolescence. The committee has heard that six months is a reasonable, yet practical timeframe for manufacturers to transition to meet their new obligations.

1.8With the rising numbers of Australians using BVOD services, is it important for the future of television that these services are subject to the same regulations as broadcast services. To do so, as stated in the main report, this legislation must be amended to extend free-to-air codes of practice to online services.

1.9Further, the important role the ABC and iView play in sharing timely news and Australian stories must be reflected and respected in this prominence framework. If international manufacturers are going to sell prominence space to global streaming giants, they should be required to provide similar access for the ABC, both on television screens and remotes, free of charge. Deals between manufacturers and streaming giants cannot be allowed to override Australians’ access to their public broadcaster.

1.10It is critical that all Australians have equal and free access to watch their own stories. Both the prominence and anti-siphoning frameworks require amendment if they are to create fit-for-purpose regulation and not worsen the state of media diversity.

The Australian Greens will reserve our position on this legislation until an amended Bill is circulated.

1.11This Bill should not pass in its current form.

1.12Extend the anti-siphoning scheme to prevent any acquisition of rights until a free-to-air service has both a broadcast and BVOD right.

1.13Reduce the transition period of the prominence framework to a six-month timeframe.

1.14Consider a review of the prominence framework 12 months after its implementation if necessitated by rapid technological change.

1.15Require television manufacturers to give iView prominence in Australia, and include an iView button on remotes.

Senator Sarah Hanson-Young

Deputy Chair