From earlier today. Will impact the upcoming cricket rights
According to The Australian, Foxtel says in its submission to the review of the anti-siphoning scheme that the federal government should address the Ââinherently anti-competitiveâ aspects of the legislation that unfairly favour of FTA broadcasters. It is understood the Foxtel submission will say the anti-siphoning list should be reduced in scope and only include those events that truly satisfy the objective of ensuring Australians have free access to events of ânational importance and cultural significanceâ.
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Well, that is the whole point of the anti-siphoning list - to favour FTA broadcasting.
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My argument will be to harden the list to not allow for simulcasts and no ability for foxtel to bid for events on the list.
Add the remaining subscription streaming services too if youâre going to suggest such a massive change. Singling out just Foxtel is not a good outcome
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Yes excepting for the streamings who also own free to air.
Possibly anti-competitive if they are able to put content behind a PayWall and Foxtel arenât.
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No, thatâs anti-competitive. If youâre going to rule out one subscription provider you have to rule out all
Why should a FTA owned subscription service be allowed to simulcast or hold rights?
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Free TV calls to keep sport free and available for all Australians
Free TV Australia today released its plan for the modernisation of the anti-siphoning rules to ensure that all Australians can watch live and free sport on TV.
Free TV CEO, Bridget Fair said: âIt is clear that we currently have analog rules in a digital world. As a result, there is a real risk that our iconic sporting events could disappear behind streaming paywalls.
âWith cost-of-living pressures top of mind for Australians, we cannot allow access to key sporting events to be limited by the subscriptions Australians can afford, their internet access or their data plan.
âThere is nothing more quintessentially Australian than live and free sport on TV. We are global leaders in ensuring that socially and culturally important sporting events are available for all, regardless of how much you earn or where you live,â Ms Fair said.
The current anti-siphoning list is due to expire in April 2023. This outdated scheme currently only protects Australians from sports being acquired by subscription television and would not stop a streaming service or digital platform from buying exclusive rights.
âOur proposed model would ensure live and free access to key sporting events for all Australians whether they choose to watch our services through terrestrial broadcast or online streaming.
âOnly Australiaâs free-to-air networks can offer the community the best of a ubiquitous free broadcast network and streamed content via our BVOD appsâproviding a seamless experience as audience preferences evolve.
âWe look forward to working with the Government to ensure that the current 30 year old rules are updated so that all Australians can continue to enjoy live sport on their TVs, free and for everyone,â Ms Fair said.
Executive Summary of plan
⢠Free sport on television is a fundamental part of the Australian way of life. As popular as ever, free sport on TV remains the great social connector of our times, allowing Australians from all walks of life to share in the same moments together regardless of their means or where they live.
⢠Free TV considers that the anti-siphoning mechanism is working effectively in ensuring that iconic sporting events are available live and free to all Australians, while providing generous returns to rights holders. Indeed, the anti-siphoning list and Free TV networksâ role in providing live and free sport continue to enjoy widespread support in the community.
⢠However, as currently constructed as a licence condition on subscription TV only, it does not apply to any of the growing number of online content service providers. As a result, there is a real risk that streaming providers like Amazon Prime, Disney or Optus Sports could exclusively acquire rights to iconic sporting events that are currently on the anti-siphoning list.
⢠If that occurs, Australians will not be able to continue viewing these events through ubiquitous, free and regulated services. Instead, at the same time as cost-of-living pressures are top of mind for Australians, their access to iconic sporting events would be determined by the subscriptions they could afford, their internet access and their data plan.
⢠Free TV recommends that the current anti-siphoning model should be modernised through minor amendments to the Broadcasting Services Act 1992, extending similar provisions as the existing licence condition to online content service providers.
⢠Further, in recognition that in the modern media environment Australians are increasingly expecting to be able to access their content from free-to-air (FTA) broadcasters on the device of their choice, the anti-siphoning scheme should allow for the acquisition of both terrestrial broadcast and Broadcaster video-on-demand (BVOD) rights. Only FTA networks can offer the Australian community the best of a ubiquitous terrestrial broadcast network and streamed content via our BVOD appsâproviding a seamless experience as audience preferences evolve.
⢠There is a direct link between the availability of sports rights and the achievement of the Governmentâs communication policy objectives through a sustainable Free TV sector that can continue to invest in trusted local news, entertainment and local drama, together with live and free sport. As viewer preferences continue to evolve it is important that the future sustainability of the Free TV sector be considered by including BVOD rights in the anti-siphoning framework.
⢠The current delisting period of six months should be retained. However, there is a need to ensure that FTA networks have a genuine opportunity to acquire rights to listed events, in the face of the arrival of streaming companies and other digital platforms of the size and scale not contemplated when the original scheme was enacted. The ACMA should be empowered to determine whether a reasonable opportunity has been afforded to FTA networks, with further guidance to be provided on what constitutes a reasonable opportunity including factors such as price, timeframe and the period of rights.
⢠The number of listed sports has progressively declined, including in the most recent set of major changes in 2017. The list as it stands today is the minimum viable, narrowly focussed on those sports of key national importance. Other than potential changes to ensure gender balance on the list, Free TV does not seek to add additional sporting events to the list at this time.
⢠In 2021 alone, Free TV networks provided the Australian public with over 1,300 hours of coverage of listed events, with extended coverage also available on BVOD services. Given this proud track record of providing extensive coverage of listed events and in recognition of the strong commercial incentives to provide extensive free coverage of listed events, neither the anti-hoarding list, nor any alternative coverage requirement, is required.
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Points from the article:
- AFL, NRL and AO apparently want events cut from the antisophning law
- The Coalition of Major Professional and Participation Sports (which represents AFL, NRL, CA, TA, FA, RA and NA) says the law is outdated should be abolished
- The Albanese government is reviewing the list, and COMPPS want it to only cover truly iconic events
- For example all AFL/NRL games on the list is âunreasonable and inappropriateâ
- COMPPS have also pushed back about adding womens sport to the list
- Seven, Nine and Ten have warned that watering down the rules will decimate their buisness model and allow streaming platforms swoop in and lock games behind paywalls
- Foxtel would be the most likely winner if it is abolished
To be honest as the article said the most likely winner would be Foxtel. Netflix YouTube, Telstra, hayU, Apple donât seem to want sport rights and Binge doesnât air sport. So basically the only winners would be Fox/Kayo and maybe Amazon. Fox would be very happy that they wouldnât have to go with an FTA partner anymore and because AFL, NRL and CA are too scared to leave Foxtel, I could see all the big sports in the future all just on Fox and everyone else gets Foxtelâs leftovers which are the C-D grade sports.
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Do they really want to see more womenâs sport locked behind a paywall like netball? They should be encouraging more people to watch them on FTA.
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Donât rule them out in the future, especially for larger sports - theyâve got MLB and MLS rights at the moment and are looking likely to pick up some NFL rights too
Further highlighting that the list is Government sponsored protectionism, sold as being âviewer friendlyâ - this whole review is a dog and pony show too, there wont be any significant change despite being outdated.
If a sport wants to go behind the paywall, let them, its not like its not without consequence.
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Labor isnât going to reduce the extent of the anti-siphoning list especially if it might benefit Foxtel. Any chance at that was lost when the LNP didnât act while in office.
Why in the world would they want this unless they prefer money over viewers?
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The submissions to the review are finally available too
https://www.infrastructure.gov.au/have-your-say/anti-siphoning-scheme-review
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The COMPPS submission talks a lot about âiconic and nationally important and culturally significantâ events being the ones that are listed and that the sports shouldnât be assessed based on gender lines (ie, Womenâs matches should be listed because menâs are), rather they should be assessed on their own merits.
They want the definition of what gets listed changed (to be what Iâve posted above) - on that basis the majority of these tournaments/competitions donât fit the definition.
When theyâre given equal treatment to the menâs codes, then sure.
Reading the submissions, it seems that:
- ABC, Seven, Nine, Ten, Commonwealth Games, Free TV and want it to be changed so more events are on the list/more streamers are excluded
- A-League and Optus is mixed
- COMPSS and Foxtel want it gone
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