Iconic events such as the AFL grand final will remain on free-to-air TV. Picture: Quinn Rooney
Source: PerthNow

THE Federal Government will have the power to influence the number of NRL and AFL matches televised live each week, under new broadcast industry reforms that will make room for online and digital media.

The legislation introduced in Parliament today means Communications Minister Stephen Conroy can “declare” certain groups of events, such as the Commonwealth Games, must be shown on free-to-air television for a certain minimum number of hours.

Senator Conroy will also be able to “declare” quotas, under specific arrangements for the NRL and AFL governing weekly matches shown free to air.

As well, subscription or pay TV broadcasters and new media providers will be able to get the rights to a number of weekly matches, as long as it doesn’t hamper free-to-air broadcasters.

Senator Conroy told Parliament the new laws would strengthen the federal anti-siphoning scheme, and update a list of protected sport events free-to-air broadcasters must show live if they hold the rights.

Under the proposed changes, free-to-air operators would have more ability to use their secondary channels to show events, because the anti-siphoning list will be split into two tiers.

“The bill’s reforms will ensure that free-to-air broadcasters provide an appropriate level of coverage to events on the anti-siphoning list,” the senator said.

“The bill will also allow the anti-siphoning scheme to remain relevant to the modern broadcasting environment, by allow free-to-air broadcasters to use digital multi-channels, and by taking into account the emergence of new providers.”

The anti-siphoning scheme will continue to prevent pay-television broadcasters from purchasing the rights to events on the list before free-to-air broadcasters have the chance to buy the rights.

The exception will be to allow pay television to buy the rights to a limited number of listed AFL and NRL matches.

This means pay television could buy exclusive rights for up to five matches a round.

A “quality” rule would make sure the best matches would be shown by free-to-air broadcasters.

In practical terms, this could be the AFL matches on Friday and Saturday nights – once the fixtures are decided by the game’s ruling body.

Free-to-air broadcasters that acquire the rights to events on the anti-siphoning list would have to make appropriate use of these rights under new “use it or lose it” rules, Senator Conroy said.

“This will greatly improve the operation of the existing anti-siphoning scheme, under which free-to-air broadcasters are not required to televise any events they acquire,” he said in a speech tabled in the Senate.

The anti-siphoning list will be split into two tiers – A and B.

Tier A will cover nationally iconic events such as the Melbourne Cup and the finals matches of major international and domestic competitions.

Such events bought by free-to-air must be televised live, or with a short delay, on main channels or simultaneously on a related multi-channel such as 7Mate, 9’s Gem or One.

Tier B will cover regionally iconic and nationally significant events such as the round and preliminary matches of international and domestic competitions.

Free-to-air stations would have to show Tier B events within four hours of the event beginning, or with a shorter delay if specified by the minister.

Tier B events would also be allowed to be shown first on free-to-air digital multi-channel.

Around 82 per cent of Australian households have connections to the digital television signal and can view multi-channels.

And if a free-to-air channel bought the rights but could not show an event, it would have to offer it to others.

“If no other free-to-air broadcaster takes up those rights, they must be offered on to subscription television broadcasting licensees,” Senator Conroy said.

He said the bill would prevent the rights to listed events being siphoned off to new media and no longer being freely available to Australian sports fans.

The Broadcasting Services Amendment (Anti-Siphoning) Bill 2012 will be examined by a Senate committee.