This bill became law on Jul 9th, 2024.
Transport & communications
New internet-connected TVs sold in Australia must make free-to-air TV and broadcaster catch-up apps easy to find and use.
Internet-connected TVs became gateways to content, making free-to-air services harder to find, while the anti-siphoning schemeRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. did not cover online services. The bill requires connected TV makers to give free-to-air services prominence and expands anti-siphoning rulesRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. to streaming and other online media.
Australia already had free-to-air broadcasting protections and an anti-siphoning schemeRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. for nationally important events, but over the 5 to 10 years before the bill connected TVs and online services changed how audiences found programs and created a gap for streaming rights. After Labor’s 2022 election commitments to protect local TV access and free sport, the bill responded by requiring prominence for free-to-air services on connected TVs and extending anti-siphoning limits to online media, before becoming law in July 2024.
The main criticism was that the bill protected free-to-air access too narrowly because prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. would not cover existing connected TVs or some ways people find content, and anti-siphoning protections still needed strengthening for the streaming era. These concerns were raised as amendments or reservations by crossbench and Greens speakers, while no party represented in the debate opposed the bill itself.
Hon Michelle Rowland MP introduced this bill. In the latest recorded vote on the bill in the Senate, support came from Labor, Liberal Party, Nationals, One Nation, some crossbench members; opposition came from Greens, some crossbench members.
Did it become law?
Yes
Became law 09 July 2024
Final passage
No counted final vote
3 recorded votes on the bill were found earlier in passage, but the final chamber agreement was not a counted division.
Passage speed
223 days
From introduction to the latest recorded parliamentary step
Meaning
New internet-connected TVs sold in Australia must make free-to-air TV and broadcaster catch-up apps easy to find and use.
TV device makers and related companies cannot charge free-to-air broadcasters for meeting the new prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. on connected TVs.
The Australian Communications and Media AuthorityThe federal media and communications regulator that can monitor and enforce the connected TV prominence rules. can monitor whether connected TV makers follow the prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use., and penalties can apply for breaches.
Streaming and other online media services face new limits on buying rights to major events until free-to-air broadcasters have TV rights.
Major events will usually leave the protected free-to-air sports listThe government list of nationally important events, mainly sport, that receive special protection so they are more likely to be shown free to the public. 12 months before they happen, unless the minister keeps them listed.
The prominence framework would operate through an obligation on the manufacturers of ‘regulated television devices’, being certain internet connected television devices that are supplied in Australia. Manufacturers would be required to ensure that regulated television devices carry specific services provided by free-to-air television service providers – ‘regulated television services’ – comprising of linear broadcast services and ‘broadcasting video on demand’ services. Regulated television devices would need to make those regulated television services accessible to users in a way that meets a set of ‘minimum prominence requirements’ to be set out in regulations. It is intended that regulations will be made prior to the application of the obligation.Communications Legislation Amendment (Prominence and Anti-siphoning) explanatory memorandum
(3) A person who is subject to a requirement under subsection (1) or (2) in relation to a regulated television device complying with the minimum prominence requirements for a regulated television service must not require the regulated television service provider to pay a fee, charge or any other consideration for, or in connection with, the device complying with those requirements.Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024 final Act text
(lc) to monitor compliance with the minimum prominence requirements;Communications Legislation Amendment (Prominence and Anti-siphoning) Act 2024 final Act text
The Bill would repeal the current scheme and insert a modernised scheme in Part 10B of the BSA. The new scheme would prevent media content services (including, but not limited to, streaming services) from acquiring a right to televise, or otherwise provide coverage of a listed event to audiences in Australia, until a free-to-air broadcaster has a right to televise the event on a broadcasting service.Communications Legislation Amendment (Prominence and Anti-siphoning) explanatory memorandum
The arrangements for making the antisiphoning list and removing events from the list are, in substance, the same as the current scheme, with one exception. The new scheme would extend the automatic delisting period from six months to 12 months. The automatic delisting arrangements enable parties other than free-to-air broadcasters to acquire rights where a free-to-air broadcaster hasn't done so under the protection of the scheme. As the rights to iconic sporting events are typically acquired more than 12 months before they take place, it is appropriate to better align the automatic delisting period with this commercial reality. Events can be retained on the list where the minister is satisfied that at least one commercial television broadcasting licensee or a national broadcaster has not had a reasonable opportunity to acquire the rights to televise the event concerned.Minister's second reading speech
Context
Australia already had free-to-air broadcasting protections and an anti-siphoning schemeRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. for nationally important events, but over the 5 to 10 years before the bill connected TVs and online services changed how audiences found programs and created a gap for streaming rights. After Labor’s 2022 election commitments to protect local TV access and free sport, the bill responded by requiring prominence for free-to-air services on connected TVs and extending anti-siphoning limits to online media, before becoming law in July 2024.
Connected TVs and online viewing change how Australians find programs
The explanatory memorandum said growth in internet-connected TV devices over the previous 5 to 10 years affected the availability and accessibility of free-to-air television services.
Communications Legislation Amendment (Prominence and Anti-siphoning) explanatory memorandum ↗Labor promises to protect local TV access and free sport
The explanatory memorandum said the bill implemented 2022 election commitments to support access to local television services and free sports coverage in the streaming era.
Communications Legislation Amendment (Prominence and Anti-siphoning) explanatory memorandum ↗Government introduces the connected TV and anti-siphoning bill
The minister said the bill would create prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. for connected TV devices and update anti-siphoning rulesRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. so the media law kept pace with online services.
Hansard ↗Parliament passes the bill
Both houses passed the bill in the same form, completing the parliamentary decision to apply the new prominence and anti-siphoning changes.
Parliamentary timeline ↗The bill becomes an Act
Royal AssentThe formal approval by the Governor-General that turns a bill passed by Parliament into an Act. turned the bill into an Act, allowing the new connected TV prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. and expanded anti-siphoning schemeRules that stop pay TV, streaming and other online services from buying rights to listed major events before a free-to-air broadcaster has TV rights. to proceed under law.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Referred to Committee (30/11/2023): Senate Environment and Communications Legislation Committee; Committee report (09/04/2024)
Referred to committee
APH bill page notesThe bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber considered amendments before the bill moved to the next stage.
Consideration in detail debate
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
The bill reached this recorded parliamentary step.
Recorded vote: 12 to 40.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe formal approval by the Governor-General that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Key criticism
The main criticism was that the bill protected free-to-air access too narrowly because prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. would not cover existing connected TVs or some ways people find content, and anti-siphoning protections still needed strengthening for the streaming era. These concerns were raised as amendments or reservations by crossbench and Greens speakers, while no party represented in the debate opposed the bill itself.
Criticism mostly sought stronger or faster protections, not rejection of the bill’s policy goal.
Prominence rules seen as too narrow
Critics argued the minimum prominence rulesThe new rules requiring connected TV devices to make free-to-air channels and broadcaster catch-up apps easy to find and use. should also apply to existing devices, live TV apps and search results, otherwise many viewers could still struggle to find free-to-air services on connected TVs.
Protections may start too late
Proposed amendments sought to bring forward commencement, reflecting concern that delayed implementation would leave free-to-air broadcasters and viewers exposed while more viewing shifts to connected TVs and streaming platforms.
Anti-siphoning may not fully cover streaming
Some critics wanted stronger coverage of streaming rights, warning that nationally significant sport could still be harder to watch for free if online rights were not protected as viewing habits move away from traditional broadcasting.
Possible cost impact on televisions
One supportive speaker cautioned that prominence obligations should not make new televisions more expensive for consumers, especially where households already face cost and access pressures.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Defeated 13 to 37. Support came from Greens. Opposition came from Labor, Liberal Party, Nationals, and One Nation. Minor-party and independent votes were split.
Passed 31 to 12. Support came from Labor, Liberal Party, Nationals, and One Nation. Opposition came from Greens. Minor-party and independent votes were split.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
Defeated 13 to 61. Support came from Greens and minor parties and independents. Opposition came from Labor, Centre Alliance, Liberal Party, and Nationals. Minor-party and independent votes were split.
The House rejected the amendment, leaving the bill's longer 18-month implementation timetable in place.
Government amendments tighten definitions for broadcasting video on demand applications, primary user interfaces and review periods, while clarifying anti-siphoning scheme coverage and how specified services and access arrangements are treated.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Senate
Defeated 12 to 40. Support came from Greens. Opposition came from Labor, Liberal Party, Nationals, and One Nation. Minor-party and independent votes were split.
The Senate rejected the second-reading statement, so no such call was added to the bill's second-reading motion.
Defeated 2 to 50. Support came from One Nation and UAP. Opposition came from Labor, Greens, Liberal Party, Nationals, and minor parties and independents.
The Senate rejected the second-reading statement, so no such call was added to the bill's second-reading motion.
Defeated 14 to 28. Support came from Greens and minor parties and independents. Opposition came from Labor, Liberal Party, Nationals, and One Nation. Minor-party and independent votes were split.
The Senate rejected the amendment, so the bill was not changed to bring those video-on-demand providers into that codes-of-practice framework.
Defeated 13 to 37. Support came from Greens. Opposition came from Labor, Liberal Party, Nationals, and One Nation. Minor-party and independent votes were split.
The Senate rejected the package, so those extra prominence and anti-siphoning changes were not added.
The Senate agreed to Hanson-Young Sarah's proposal on voices, covering this is a statement calling on the government to urgently implement a comprehensive ban on all forms of online gambling advertising.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
The Senate agreed to Hanson Pauline's proposal on voices, covering this is a statement calling for impartial news reporting requirements and for the ABC and SBS to transition to subscription-based services without public funding.
Carried on voices
The chamber decided this amendment without a counted division, so there is no list of individual Aye and No votes.
This list includes amendment votes, procedural votes and votes on the bill itself.
Parliamentary debate
Start here — lead voices
Michelle Rowland strongly supports the bill, saying it will make free-to-air TV and major sporting events easier for Australians to access in the streaming era while helping sustain local media.
Read in Hansard ↗Kylea Tink supports the bill because she says it protects free-to-air television, Australian culture and public access to significant news and sport.
Read in Hansard ↗Graham Perrett supports the bill, saying it modernises media laws so free-to-air TV and major sporting events stay easy to find and free to watch in the streaming era.
Read in Hansard ↗Sam Birrell says the Nationals will support the bill because it updates broadcasting rules so free-to-air services and major sporting events remain accessible, especially for regional Australians who may not be able to afford or access streaming.
Read in Hansard ↗All speeches by bloc
3 speakers · 4 contributions · 3 support
Hansard records 2 separate contributions by Michelle Rowland, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Michelle Rowland strongly supports the bill, saying it will make free-to-air TV and major sporting events easier for Australians to access in the streaming era while helping sustain local media. She argues the changes create a fairer regulatory framework, stop iconic sports from being pushed behind paywalls and do not impose unreasonable burdens on device makers.
“The prominence framework will enable Australian consumers to access free-to-air television services, with minimal input, effort or capability on the part of the consumer. It will also have positive flow-on impacts for the local broadcasting industry, without imposing unreasonable or unintended burdens on the manufacturers of regulated television devices.”Read this contribution in Hansard ↗
Second reading speech
Michelle Rowland urges the House to pass the bill, saying it is a key part of the government's media reforms to protect free access to Australian media and sport and to help local media compete fairly. She says the government considered the inquiry recommendations but does not want changes that would delay the bill or weaken its balanced approach.
“The bill is a key component in the government's overall media reform program. These reforms will support a media sector that keeps us informed, reflects our diverse cultures and perspectives, upholds and respects community standards and provides equitable access to services for all Australians, irrespective of where they live or what they earn. I call on members to support the bill.”Read this contribution in Hansard ↗
“I rise in support of the Communications Legislation Amendment (Prominence and Anti-Siphoning) Bill 2023 proposed by the honourable member for Greenway. In a fast-changing media, news and entertainment landscape, this amendment clearly demonstrates the commitment of the Albanese government to modern media reform. The reform delivers on our election commitment and guarantees Australians access to local TV and free sports coverage in the streaming era.”Read the full speech in Hansard ↗
“I rise today in support of the Communications Legislation Amendment (Prominence and Anti-Siphoning) Bill 2023. This bill will amend the Broadcasting Services Act 1992 and the Australian Communications and Media Authority Act 2005 to introduce a prominence framework for connected TV devices and reform the antisiphoning scheme. These two measures implement two key election commitments of the Albanese government. One of these was to support access to local TV services and free sports coverage in the streaming era, and the bill also marks a significant step in bringing the regulatory framework for media services in Australia into the 21st century. We can't believe it, but we're 24 years into the 21st century, so it's high time this was done.”Read the full speech in Hansard ↗
1 speaker · 1 support
“We're supporting the government on this legislation. This is what parliaments should do: react to growing technological developments, making sure all Australians get a fair go and are able to come together and watch TV. But I particularly wanted to make the point that part of our culture as a nation is coming together to celebrate these sporting events, particularly when Australian teams are involved. I commend the bill to the House.”Read the full speech in Hansard ↗
1 speaker · 1 mixed
“The Australian Greens will not oppose the passage of the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 through the House. However, we will reserve our position for the Senate, given the ongoing Senate inquiry.”Read the full speech in Hansard ↗
1 speaker · 1 support
“As anyone who knows me will tell you, I'm a fierce defender of human rights. By respecting everyone's human rights, I believe we create a society that is fairer, where all are treated equally and all have a responsibility for their own actions. So it may seem at odds with who I am to be standing here and speaking in support of this legislation today, as some have criticised it as a veiled attempt by the government to control what the population consumes by way of broadcast content. But I see this legislation differently. I see it as a protection mechanism to ensure that, as the content-streaming world explodes globally, our Australian culture and our right to free-to-air content are not lost.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Amendment packages agreed
The chamber considered amendments before the bill moved to the next stage.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · First reading agreed to
First reading agreed to
The bill reached this recorded parliamentary step.
Senate · Second reading agreed to
Recorded vote: 12 to 40.
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe formal approval by the Governor-General that turns a bill passed by Parliament into an Act., turning the bill into an Act.
Senate Environment and Communications Legislation Committee; Committee report (09/04/2024)
Referred to committee
Referred to Committee (30 Nov 2023): Senate Environment and Communications Legislation Committee; Committee report (9 Apr 2024)
APH bill page notes
