Fears US election have put local quotas on Australian streaming “on ice”

There are fears that the US Election has stalled plans for local streaming quotas on Australian platforms.

Yesterday Greens Senator Sarah Hanson-Young grilled a panel representing the Communications Department on the delays to the planned local quotas, originally due on July 1st 2024.

“Every estimates, I’m told it’s coming, it’s coming, it’s imminent, it’s imminent,” she said.

“And then it just doesn’t happen. I would really like a clear response as to whether you have information or evidence in relation to the impact of the Free Trade Agreement with the US in relation to this piece of legislation or the model that we use.”

Jim Betts, Secretary of the Department of Infrastructure, Transport, Regional Development, Communications and the Arts advised, “The Free Trade Agreement is a matter for the Department of Foreign Affairs and Trade.”

He continued, “It’s subject to cabinet confidentiality and I’m not gonna be drawn into a line of questioning about the operation of a Free Trade Agreement because it’s not my area of expertise.”

But Hanson-Young persisted.

“Is there any truth in the rumour that this piece of legislation has been put on ice because of the US Election?”

“I’m not going to comment on rumours, particularly as they relate to processes which were before-”

“Is it true that this legislation has been put on ice because of the US election?” Hanson-Young repeated.

“You just repeated a question and I’ve answered it,” said Betts.

Turning to Jenny McAllister, Labor MP representing the Department, she asked “Minister, do you think it is appropriate for Australia’s cultural policy to be held up and hijacked because of the United States of America?”

McAllister denied her assumptions adding, “Senator Hanson Young, this government always makes decisions based on our national interest. That’s how we approach this policy area and all policy areas.”

Following the exchange yesterday, Screen Producers Australia CEO Matthew Deaner remarked, “Australian screen producers are anxiously long awaiting the outcome of the US Presidential election to see whether this will break the ongoing impasse in negotiations around streaming regulation.

“There’s little doubt that the mostly US-based streaming businesses have been weaponising the AUSFTA to delay the promised regulation this year.

“Last year, the Australian Government committed to ensuring Australians continue to be able to see and hear quality home-grown content, regardless of platform and that regulation to affect this by ensuring streaming platforms invest in key genres, including children’s, drama and documentary, would commence on 1 July 2024.

“SPA has been increasingly concerned at reports this year that behind closed doors, the powerful, mainly US-based streaming platforms were arguing that the 2004 AUSFTA meant that the US Government has a significant say in how Australia regulates these services.

“There’s no doubt in my mind that the unfortunate collision in timing between the US Presidential election and the Australian Government timeline for this regulation has been behind the prolonged delay in this legislation coming forward to the Parliament.

“Australia hasn’t been afraid to take on powerful interests in the past. We need to find that resolve, or these digital platforms will continue to play by their own rules and ignore local audiences as it suits them.

“This situation is denying Australian audiences ongoing guaranteed and appropriate levels of access to their own screen content and making business conditions challenging for many independent producers.

“If we don’t face up to the changes brought about by powerful digital platforms to our screen industry, we are setting ourselves on course for a dismal future. And that would be a terrible legacy from our National Cultural Policy Revive, which promised so much for our creative industries,” said Mr Deaner.