Media, Entertainment and Communications 15 December 2010

Government announces changes to the anti-siphoning scheme

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On 25 November 2010 the Government announced a number of changes to the scheme which are outlined in the Government's position paper Sport on Television: Reform of the Anti-Siphoning Scheme.

The main change is the introduction of two tiers of events on the anti-siphoning list – Tiers A and B – and allowing free-to-air commercial television broadcasters to show Tier B events on their digital multi-channels.

Tier A events will comprise nationally iconic events such as the Melbourne Cup, Bathurst 1000, the AFL and NRL Grand Finals, each cricket test match involving Australia (played in Australia), and the Australian Open tennis men's and women's singles finals. Tier A events will be required to be broadcast live and in-full by free-to-air commercial television broadcasters on their main channel, with limited exceptions.

Tier B events will comprise events of lesser importance such as regular AFL and NRL games, and non-finals games of the Australian Open tennis. They can be broadcast on the main channel or digital multi-channels of free-to-air commercial television broadcasters.

New "must offer" rules will also be introduced which require free-to-air broadcasters to televise anti-siphoning listed events they acquire, or offer the unused rights to another free-to-air broadcaster. If no free-to-air television broadcaster takes up those rights, the rights must then be offered to subscription television.

The legislative amendments will be introduced in early 2011 and changes to the anti-siphoning list will take effect from 1 January 2011.

The link to the Government’s position paper and the statutory review of the anti-siphoning scheme, and to the Tier A and Tier B lists, is:

www.dbcde.gov.au/anti-siphoning  .

Contact Details

Melbourne

Dan Pearce
Partner
T: +61 (0)3 9321 9841
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Sydney

Ian Robertson
Partner
T: +61 (0)2 8083 0401
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Brisbane

Paul Venus
Partner
T: +61 (0)7 3135 0613
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