Consultation on Broadcasting Services Determination now open

The Australian Government has released a consultation paper seeking views on a proposal to remake the Broadcasting Services (“Broadcasting Service” Definition—Exclusion) Determination 2019 for a finite period while broader regulatory reforms are progressed.

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

This consultation paper initiates a program of work to modernise media regulations where the Government will:

  1. make a decision on whether to make a new instrument before the current Determination expires on 18 September 2022; 
  2. progress the election commitments to implement a legislative framework for prominence and review the anti-siphoning scheme; and 
  3. engage further with stakeholders in the coming months on a broader reform agenda, and the principles, priorities and process that could guide and shape this work.

The Albanese Government recognises that the current Determination underpins much of Australia’s media regulation architecture and that it is appropriate to provide industry and consumers with a continued period of stability.   

However, there is a need for broader reform, including to resolve the issue of whether live-streamed television and radio services delivered over the internet should be regulated under the Broadcasting Services Act 1992.

The Government is committed to an open and transparent reform program and there will be multiple opportunities for interested stakeholders and individuals to contribute to these processes.

Consultation closes on Thursday, 8 September 2022. For more information visit

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

“This consultation recognises the need for industry stability and the time it takes to develop and deliver meaningful reform fit for the modern age.

“The Albanese Government has committed to a review of 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 Australian TV services can easily be found on connected TV platforms. 

The Australian Government will work with industry to modernise media regulations and update analog-era broadcasting legislation for the digital age. I encourage all interested parties to have their say.”