Free to Air networks have welcomed Labor’s announcement yesterday of plans to review the anti-siphoning scheme to ensure all Australians can access iconic sporting events free and not behind paywalls.

Labor will also legislate a prominence regime to ensure Australian TV services can easily be found on connected TV platforms -a key complaint of Free to Air networks.

The ALP has criticised the Morrison Government for failing to review the anti-siphoning list before it was due to sunset in April 2021, giving $40m to Foxtel for sports, trying to boot Community TV off-air, and cutting ABC funding.

Anthony Albanese, said, “Every Australian should get to see major sporting events. For a whole lot of Australians, free to air TV is essential to seeing those moments which lift us up as a nation, that inspire us, that help define who we are.  Major sporting events should be on free to air TV.”

Michelle Rowland, Shadow Minister for Communications said, “Labor is committed to a sustainable media industry that can get major cultural and sporting events into every Australian lounge room. An Albanese Government will give the industry the certainty it needs to continue to deliver for Australian families.”

The announcement drew responses from both sides of the anti-siphoning debate.

Free TV Australia:

Free TV Chairman, Greg Hywood said “Today’s statement from Labor really backs the Australian way of life. It recognises that free television is a fundamental part of our community, bringing people together through live sport, trusted news and Australian entertainment and drama programming. But whether we can continue to enjoy this valued free service is not free from doubt. Without the urgent action on prominence that Labor has committed to today, Australians risk not being able to find live TV channels and broadcaster video-on-demand content services on new Smart TVs and other devices. That’s why we have been calling this the most critical issue in media regulation.”

Free TV CEO, Bridget Fair “All Australians deserve the right to share our great sporting moments for free, and that right is in serious jeopardy. There is a real risk that iconic sports events could be exclusively acquired by subscription streaming platforms that aren’t covered by the current anti-siphoning rules, which are 30 years old and only cover free-to-air and pay TV. We could easily see a major subscription streaming service buy up exclusive rights to the sporting events that bring us together like the Olympics, NRL or AFL and force Australians to pay to watch them. What we’ve got is analog legislation in a digital world. The rules urgently need to be updated to protect the access of all Australians to live and free sport.”

Seven:

Seven West Media Managing Director and Chief Executive Officer, James Warburton, said: “We welcome Labor’s firm commitment to regulate the prominence of free-to-air services on connected TVs and to review the anti-siphoning scheme. Today’s announcement is a positive step in supporting Australian audiences and the local free-to-air media industry. Sport is part of the fabric of our country but is under threat of disappearing behind the paywall of international streaming giants. Iconic sporting events of cultural significance need to remain free for Australian families and communities or millions will be obliged to pay to see their favourite sports or will simply miss out altogether. Guaranteeing the prominence and visibility of free-to-air services on connected TVs at no charge is also critical to the sustainability of the industry. In a growing digital environment, our services are becoming increasingly hard to find on the home page of the TV screen as deep-pocketed multi-national streaming companies strike global deals with TV manufactures to buy prominent visibility. We want to invest our resources into producing Australian content, not staving off invisibility and bidding against cash-rich conglomerates that want to divert viewers away from free Australian news, sport, drama and entertainment services.”

Foxtel:

“The Foxtel Group believes the anti-siphoning list is inherently anti-competitive, and Australian audiences would benefit from a fundamental review of the out-dated protections that are in place for free to air television. In the digital age, free is free, and there should be no difference from a regulatory perspective between distribution via a free to air broadcast service and free via the internet. For example, the Foxtel Group has made games from every competition supported by the women’s and under-represented sports grant available for free on Kayo Sports. The recent 2022 Women Cricket World Cup final between Australia and England was also made available free, in front of the Kayo paywall, after free to air television declined to broadcast the tournament.”