Anti-siphoning and anti-hoarding

The objective of the anti-siphoning scheme is to ensure that certain events are available to the whole viewing public by preventing pay TV licensees from acquiring exclusive rights to listed events. Under section 115 of the Broadcasting Services Act 1992 (BSA), the Minister may gazette a list of events or events of a kind that the Minister believes should be available free to the general public. The current anti-siphoning list comprises domestic and international sporting events in 12 categories including cricket, tennis, golf, motor sports and the football codes.

Pay TV licensees are prevented from acquiring a right to televise a listed event until a right is acquired by the ABC or the SBS or by commercial free-to-air broadcasters reaching more than 50 per cent of the Australian population. The scheme aims to give free-to-air broadcasters priority over pay TV licensees in acquiring rights to listed events.

The Minister may remove an event from the anti-siphoning list in certain circumstancesfor example, where free-to-air broadcasters have had a real opportunity to acquire the right to televise an event but none has done so within a reasonable time.

Events on the anti-siphoning list are automatically de-listed 12 weeks before commencement. This is designed to improve the operation of the scheme by streamlining pay TV access to listed events where free-to-air broadcasters do not intend to purchase the broadcasting rights. The Minister can override automatic de-listing if satisfied that free-to-air broadcasters have not had a reasonable opportunity to purchase broadcasting rights to a listed event.

The Government will review the anti-siphoning provisions in 2009.

Events protected by the anti-siphoning scheme are listed in the Broadcasting Services (Events) Notice (No. 1) 2004

Anti-hoarding

While the Government's anti-siphoning provisions aim to ensure that as many Australians as possible have the opportunity to watch significant events on free-to-air television, these provisions do not deal with live coverage of listed events.

The anti-hoarding provisions require commercial television licensees who acquire the right to televise a designated event, but who do not propose to fully use that right, to offer the unused portion to the ABC and SBS for a nominal charge within a specified offer time. The national broadcasters must also offer unused portions of rights to each other.

The 2002 and 2006 FIFA World Cup soccer tournaments were designated under the anti-hoarding provisions.

• Document ID: 8132 |
• Last modified: 23 March 2009, 11:10am