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Anti-Siphoning List: New live sport rules

Free to Air broadcasters will be compelled to show key sporting events live around the country under new Anti-Siphoning rules.

Senator Stephen Conroy has announced key changes to the Anti-Siphoning List.

“We’ve always understood how important it is for Australians to watch sport on Free to Air Television.” he said.

“Our most popular and iconic sports will remain free to all Australians.”

No Australian events have been removed from the list.

Two tiers of events will be in place.

Tier A
Tier A will comprise nationally iconic events such as the Melbourne Cup, Bathurst 1000 and finals of major Australian tournaments like the NRL and AFL Premiership. Free-to-air broadcasters will be required to broadcast these events live and in-full, with limited exceptions.

Melbourne Cup
AFL Grand Final
NRL Grand Final
Rugby Union World Cup Final

Cricket:
Each Test match involving Australia, played in Australia
Each Test match involving Australia and England played in the United Kingdom
Each one-day international match involving Australia, played in Australia
Each Twenty20 match involving Australia, played in Australia
ICC Cricket World Cup: semi-finals, final and each match involving Australia
ICC Twenty20 World Cup: final and each match involving Australia

FIFA World Cup: quarter-finals, semi-finals, final and each match involving Australia

Tennis:
Australian Open men’s singles final
Australian Open women’s singles final
A ‘World group’ Davis Cup final tie involving Australia

Motor Sports:
Each race of the F1 Grand Prix held in Australia
Each race of the Moto GP held in Australia
V8 Supercars – Bathurst 1000

Tier B
Tier B will comprise events such as the regular games of the AFL and NRL premierships seasons, and non-finals games of the Australian Open tennis. Free-to-air broadcasters will have the flexibility to televise these events on digital multi-channels (ie AFL in Sydney, NRL in Melbourne). Networks have the flexibility to show sport on a multichannel if they seek to switch to other programming on a primary channel, such as News during a live event. There is no requirement for networks to shift the sport back to the primary channel.

The Summer Olympics event and the Winter Olympics event
The Commonwealth Games event

AFL:
4 matches per round of the AFL premiership season
Each match of the AFL finals series (except the grand final)

NRL:
3 matches per round of the NRL premiership season*
Each match of the NRL finals series (except the grand final)

Rugby League:
Each match of the State of Origin series
Each Test match involving the Australian team, played in Australia, New Zealand or the United Kingdom (including the Rugby League World Cup)

Rugby Union:
Rugby Union World Cup: quarter-finals, semi-finals and each match involving Australia
Each Test match involving Australia, played in Australia, NZ, SA or as part of the ‘spring tour’

Tennis:
Each match of the Australian Open (except for the men’s singles final and women’s singles final)
Wimbledon: Each men’s and women’s singles quarter-final, semi-final and final
US Open: Each men’s and women’s singles quarter-final, semi-final and final
Each ‘World group’ tie involving Australia played as part of the Davis Cup (excluding a final involving Australia)

Golf:
Each round of the Australian Open
Each round of the Australian Masters
Each round of the United States Masters

Netball:
Each Test match involving the senior Australian team, played in Australia or New Zealand
Netball World Championships: Semi-finals and Finals matches involving the senior Australian team

Football:
All matches of the FIFA World Cup (excluding those on Tier A)
FIFA World Cup qualifiers: each match involving Australia (the Socceroos)

Football:
English Football Association Cup Final
Motorsports
V8 Supercars Championship Series: each race not specified on Tier A

“Allowing broadcasters to use digital multi-channels will see a dramatic increase in the total coverage of sport and give flexibility for broadcasters to show more events live,” Senator Conroy said.

“Broadcasters will have the capacity to televise AFL games in Sydney or NRL games in Melbourne, live on a digital multi-channel, rather than providing it on long delay on their main channel. This will save many hours of sleep for avid fans who happen to live in the wrong city.”

In addition, the reforms will introduce ‘must-offer’ obligations on the free-to-air broadcasters, requiring them to televise anti-siphoning listed events they acquire or offer those rights on to another broadcaster. This will prevent rights to important sporting events going unused.

“No longer can a free-to-air broadcaster purchase an iconic national event, and then not show it at all. In these circumstances, they must now offer it on to another free-to-air broadcaster to show it,” Senator Conroy said.

WA and SA AFL games will be shown live on Free To Air TV. One Friday and Saturday night AFL match, and public holiday games remain on Free to Air.

Pay TV can bid directly for select AFL and NRL competition matches: 4 AFL matches, 5 NRL matches. But the detail on which games is not clear. Changes to the listing of NRL and AFL games will only be made once a regulation is in place or an alternative mechanism to protect the quality of free to air games is agreed by stakeholders.

Events Added:
Twenty20 matches involving Australia, played in Australia
Twenty20 World Cup: matches involving Australia and Final
FIFA World Cup qualifiers involving the senior Australian team (the Socceroos)

Removed:
AFL: 4 of 8 matches per premiership round (these 4 matches are currently shown exclusively on Pay TV)
NRL: 5 of 8 matches per premiership round (these 5 matches are currently shown exclusively on Pay TV)
Golf: British Open
Cricket: One day international matches involving Australia, played in the UK
Cricket: ICC 50 Over World Cup: All matches not involving Australia before the semi-finals
Rugby League: Test match involving the Australian team, played in countries other than Australia, New Zealand or the United Kingdom
Rugby Union: Rugby Union World Cup: All matches not involving Australia played before the quarter-finals
Rugby Union: Test matches involving Australia outside Australia, New Zealand, South Africa, and those tests designated in a ‘spring tour’
Tennis—Wimbledon: All matches other than the men’s and women’s singles quarter-finals, semi-finals and finals matches.
Tennis—French Open: Men’s and women’s quarter-finals, semi-finals and finals matches
Tennis Davis Cup: Non ‘world group’ Davis Cup ties involving Australia
Netball: All matches played by the Australian team outside Australia, NZ & the Netball World Championships (other than a semi final or final involving the Australian team)
Motor sports: Each IndyCar race held in Australia

Olympics will have a minimum of “must show live” hours.

The changes follow heavy lobbying by Free to Air broadcasters, Subscription Television and key sporting bodies and community interests.

Penalties will apply for networks that do not comply with the new rules, but Senator Conroy said there is a “range of options” as to what they might include.

The Greens are supportive of the broad thrust of the changes.

The current list expires on December 31st.

Changes to the anti-siphoning list will be implemented shortly. Senator Conroy said a regulation for the new List will be tabled in Parliament soon.

This post updates.

70 Responses

  1. @DansDans – that’s correct based only on the new regulations, but the big change is that, because Tier B games no longer have to be shown on the main channel, the NRL can now, if it wants, demand live multichannel coverage in Melbourne and elsewhere during its contract negotiations. Previously NRL games had to be shown on the main channel if they were shown at all, and Nine wasn’t going to show league into a non-core state on its primary channel at 7.30 so there was no option other than to accept a delay. The new legislation opens up the multichannel option. So while the changes don’t directly oblige Nine (or whoever gets the rights) to show footy live into non-core states, they do give the NRL the ability to oblige Nine to do so.

  2. Conroy was on NewsRadio this morning and he stated that if an Ashes Test went past 6pm, Nine could flick the cricket over to a multi-channel. Even though the Test is Tier A…
    So either Conroy doesn’t understand his own rules (almost certain based on past performance) or the ‘limited exceptions’ are a joke. I can see the networks exploiting this ‘limited exception’ very frequently.
    IMHO I’d prefer the cricket on GO! or GEM – just show me every single delivery ‘live’ (that is, no 3 second delay).

  3. @Donald, your last statement about corporations not being subjects of the queen is of no relevance, as nobody is saying the networks are being discriminated against, it’s the viewers who are, based on where they live. the corporations are the ones doing it.

    i’m sure the writers of the constitution however, meant discriminated against by the government because of the state they reside in, rather than by private companies.

  4. With GO! a ratings winner and Ch 9’s reluctance to move programming off GEM for sport (ie Ashes Cricket) you can say goodbye to seeing NRL live in any state other than QLD/NSW in the near future. What this means now is Ch9 doesnt have to show the NRL at all on Ch9 in Melbourne, but instead can schedule an Australia wide replay on GO! at 10.30 (for example) and stick with that…

    Thats the reality of the future people.

  5. Can any tell me if Channel 9 can, in theory, show both of their Friday night games live, one on the main channel and the other on on GO! or GEM? Therefore you can choose which one to watch?

    Also for example, for the Australian Open, can 7 and 7TWO both have different coverage showing different games live so you can chose which one to watch?

  6. P.S. to those quoting the constitution, note that it’s talking about residents, subjects of the queen. Corporations (i.e. the TV networks, for whom this legislation applies) aren’t residents. i.e. not individuals. A corporation isn’t “a subject of the queen”, not to my understanding of the phrase anyhow. You might want to study the wording a bit more if you want to advance that argument. Better yet, just be realistic about the fact there are NRL states and AFL states. This legislation is actually an improvement on what it was, so where were you all before?

  7. doyle, tier A means it must be shown live on the primary channel. For the commercial channels this means not in HD (only SBS still has their primary channel in HD, albeit 720p not 1080i), so if they want to show it in HD then a simulcast will still be needed (however, they may not show it in HD, as per cricket on 9 and Bathurst on 7). The relaxing of this is where tier B comes in, where it doesn’t have to be on the primary channel, therefore no simulcast needed if you want to show it on your HD channel.

    Baggygreen, note my comment about 7 or 9 may not actually do this, so I was being realistic. I’m saying the framework is now there to rectify things a bit in terms of AFL/NRL states as an example, but whether the channels actually do this is another matter. We all know One is taking this a lot more seriously than 7 or 9, so hopefully they wil get some more broadcast rights in the coming years.

  8. The Tier A group, great theat they’ve been protected on FTA and must be shown live. Great that channels can now show on a multichannel, but it’s not enforced. I really do hope Nine will put NRL on at a decent time here in Adelaide though.
    This also doesn’t force Seven to show Friday night games live, but hopefully they will realise if they want to win the rights, then it’s something they must do. Can’t complain.
    Personally though i think all sporting events featuring a senior national side should be shown on FTA. Mainly Socceroos. Going to the pub to watch most games gets expensive.

  9. @Billy Ray – interesting, would love to see it tested.
    @donald – I wish i lived in your optimistic world. In my world 7 will still show afl on delay into primary markets to maximise ads (thats 8.30pm Friday night). Nine will show NRL at 10pm on GEM to beat the 4 hour rule by 5 minutes in non NRL states (so still late). One will run content uniquely so long as it (that is One) exists. Fox will get better AFL games.
    So for me this is 25% improvement overall – not really a good enough result for me as a viewer.

  10. @Z Caban, totally agree, at least you will see the Cricket Highlights on Fox Sports in HD if you have IQ2, unlke Nine apart from being the host broadcaster is not screening the cricket in HD live or delayed. Fifteen year old repeats of 4×3 SD upconverted The Nanny are more deserving on 9HD/GEM it appears whilst international viewers are getting the Cricket live in native HD where available.

  11. @ tx: That’s correct. I wrote that whilst ropeable about the fact that we had went to the news and I’m still riled up because I have to stay up to wait for Fox Sports to show the Highlights of Australia’s first 7 Overs from tonight!

    And, I personally reckon billy ray valentine is on to something… the fact that WA get the 3 Hour delay of Friday Night AFL is exactly similar to NSW/VIC/ACT/TAS getting shafted for news.

    I also refer you to what Mr Valentine did: section 117 “Rights of residents in States ” says: A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

  12. This is most excellent. 🙂 FInally some common sense. For those who don’t think it’s changed much, what article are you reading?? Ten no longer needs to be tied-up with a simulcast with One unless it’s a tier A event, tier A events must be shown live (so 7 can’t drag out Bathurst like they did), there’s now the flexibility to show AFL and NRL live on different channels (again because the simulcast requirements are gone – this means in an NRL state you can show NRL live on your primary and AFL live on a secondary. Whether 7 or 9 actually do this is another matter, but I have no doubt One would), etc. Disappointed about the lack of HD being mentioned though (but the more sports One gets, the less of an issue it’ll be).

    Grant, basically correct what you’re saying about One. Only tier A events will be required to be live on the primary (10), anything else you can have breakaway programming between Ten-One (they’ll be so glad about this).

    tx what you’re saying is correct for tier A cricket events – any cricket not in tier A they can show news (or whatever) on the primary channel while showing the cricket on a secondary (hopefully for cricket fans on the HD channel).

  13. Why is sport on TV given this ridiculous priority? If anything it interupts real TV. Imagine if such effort was put into forcing regionals to produce news and decent local content? Or, in years gone by, networks making drama?

  14. Thanks for this article, David. It’s good to know that we’ll still have FTA sport for years to come. A mate lives in the UK and to think he needs to pay to watch The Ashes while we get it for free, how ridiculous.

    I notice there was an asterisk after the 3 NRL games in Tier B, did that signify anything?

  15. paul .
    foxsports still have a contract with the FFA giving foxsports exclusivity to all soccoroos games for a few more yrs yet . so i think only way the games would get to FTA is for FTA to come to angreement with fox, ffa and show games delayed on fta . but its only world cup qualifiers that need to be shown on fta so fox could keep friendly games of the soccoroos.

  16. Z Caban how I read this is that the likes of Nine will have to show the Cricket in full, thus meaning no cutting off the cricket to go to 6pm News. Correct me if I am wrong?

  17. and further to my earlier post….
    here is a link to the constitution
    austlii.edu.au/au/legis/cth/consol_act/coaca430/s117.html

    section 117 “Rights of residents in States ” says: A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.

  18. as i said yesterday, i feel underwhelmed by this announcement…

    and i also get to keep my million $ (regular readers may remember i promised $1 million to charity if perth got friday night football live… but alas, it appears not….

    everyone from WA – email the senator and tell him he has got to fix this ludricous situation whereby we get penalised because of where we live.
    in fact, is there a constitutional lawyer reading? im sure the constitution says laws cannot discriminate against different states – if this is a law/regulation, its illegal under the constitution i reckon….

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