Broadcasting Services Determination extension

The Australian Government has made the Broadcasting Services (“Broadcasting Service” Definition—Exclusion) Determination 2022 as part of its first steps toward the delivery of broader media reforms that will update analog-era laws to a more modern system.

This option maintains the regulatory arrangements that have been in place for broadcasting and streaming services under the Alston Determination for the past 22 years, and provides industry with regulatory stability and certainty while affording the Government sufficient time to consider and implement broader regulatory reforms.

The Determination was last extended for three years in 2019 while the former Liberal National Government considered recommendations to harmonise media regulation, but they failed to implement lasting change.

Last month, the Minister for Communications released a consultation paper seeking views on a proposal to remake the Broadcasting Services (“Broadcasting Service” Definition—Exclusion) Determination 2019 for a finite period.

The goal for the reform program is to consistently regulate services that make available ‘like’ content and support the achievement of key policy objectives with the flexibility to accommodate new and emerging services and technologies.

The remaking until 15 September 2027 will allow the Government to work toward a modern and fit-for-purpose regulatory system suited to today’s media environment, taking in the views of industry along the way.

For more information visit https://www.infrastructure.gov.au/have-your-say/remaking-broadcasting-service-exclusion-determination

Quotes attributable to Minister for Communications, the Hon Michelle Rowland MP:

“The Australian Government will work with industry to modernise media regulations and update analog-era broadcasting legislation for the digital age.

I would encourage all interested parties to have their say as this work progresses to ensure reforms recognise the current and emerging media environment, and can easily accommodate new and emerging services and technologies.

The Albanese Government is also committed to review the anti-siphoning scheme to give working families the chance to watch, for free, events of national and cultural significance, and legislating a prominence framework to ensure local TV services can easily be found on connected TV platforms.”