{"id":143,"date":"2010-03-19T22:37:53","date_gmt":"2010-03-19T12:37:53","guid":{"rendered":"http:\/\/www.frostglobal.com\/?p=143"},"modified":"2013-06-02T16:38:11","modified_gmt":"2013-06-02T06:38:11","slug":"what-are-the-anti-siphoning-laws","status":"publish","type":"post","link":"https:\/\/www.frostglobal.com\/?p=143","title":{"rendered":"What are the anti-siphoning laws?"},"content":{"rendered":"

Extract from? a research paper ? by the author of this website titled:<\/p>\n

\u2018<\/strong>The effectiveness and relevance of Australia’s Anti-Siphoning laws<\/strong><\/p>\n

in today’s television environment.\u2019<\/strong><\/p>\n

\n

The Anti-siphoning laws reside at s115 of the Broadcasting Services Act<\/em> (BSA).[1]<\/span><\/a><\/em> This section empowers the Minister (currently the for Minister for Broadband, Communications and the Digital Economy<\/em>) to publish a list of events (not limited to sport) that should be available for viewing by the general public.[2]<\/a><\/p>\n

The current list of protected events runs from 1 January 2006 and expires on 31 December 2010.[3]<\/a> The list encompasses 30 events\/matches\/series\/tournaments over 12 sports (including the Olympic and Commonwealth Games) such as all Tennis Grand Slam tournaments, each running of the Melbourne Cup and each International netball match involving Australia.[4]<\/a><\/p>\n

Whilst this list is extensive and encourages FTA to broadcast these events by \u201cremoving any incentive for a subscription service to \u201clock away\u201d the exclusive rights\u201d[5]<\/a><\/em>, interestingly the laws do not:<\/p>\n

(1)? ? ? ? ? ? ? ? ? ? prevent listed events from being broadcast on pay-TV;[6]<\/a> or<\/p>\n

(2)? ? ? ? ? ? ? ? ? ? compel commercial or national broadcasters (SBS and ABC) to acquire the rights to broadcast these events[7]<\/a><\/p>\n

<\/strong><\/p>\n

The laws merely provide the opportunity for FTA broadcasters, including the national broadcasters to acquire the rights to the events on the list before a pay-TV broadcaster, like Foxtel.[8]<\/a> If a FTA licensee does not acquire the rights or has the right to broadcast the event to more than 50% of the Australian population or the ABC or SBS hold the rights, then pay-TV can acquire the rights.[9]<\/a><\/p>\n

Events on the Anti-siphoning list can be removed by the following means:<\/p>\n