Streaming trumps free-to-air TV in new live sports broadcast bill

The millions of Australians who view live sport via an internet connection could be blocked from viewing events such as the NRL and AFL grand finals, the Australian Open and Olympics for free, under new laws passed on Thursday.

Streaming services such as Amazon, Netflix and Foxtel’s Kayo could outbid free-to-air networks for broadcast rights for Australia’s biggest sporting events, after the Labor, Liberal and National parties passed the Prominence and Anti-siphoning Bill on Thursday.

Nearly one million Australians watched the Matildas’ World Cup semi-final loss to England in 2023.Credit: Edwina Pickles

Anti-siphoning laws protect major sporting events from falling behind a paywall. However, the new bill, introduced into parliament by Labor in late 2023, has passed the Senate with a loophole allowing streaming platforms to outbid local services for digital rights. Most major sporting events on free-to-air television also usually air on free digital services such as 9Now, 10Play, 7Plus, or SBS On Demand.

Greens Senator Sarah Hanson-Young said the government and Coalition had sold out free sport today, doing the dirty work of the Murdoch media and giant US streaming corporations such as Amazon and Netflix.

“Labor, Liberal and the Nationals have colluded to ram through a law that is going to make it harder for millions of households around the country to access sport for free,” Hanson-Young said in a statement on Thursday.

Despite the claims, Communications Minister Michelle Rowland said the government delivered its commitment to support access to free sports coverage in the streaming era, by extending the scheme to include streaming services.

The anti-siphoning list was introduced in the 1990s to prevent major sporting events from disappearing behind a paywall with the arrival of pay TV, namely Foxtel.

It ensured free-to-air networks were offered the chance to bid for the rights to broadcast those events before any paid operator had the chance.

The bill contains a loophole that in effect will lock out viewers who don’t watch television over an aerial connection, according to the lobby body for Australia’s commercial networks.

“We know that increasing numbers of Australians are watching their free TV services online, but these laws leave those people with no guarantee of free sport,” chief executive of FreeTV Australia Bridget Fair said.

Greens senator Sarah Hanson-Young called the government “technological troglodytes”.Credit: James Brickwood

“The laws contain significant gaps that will ultimately undermine the whole anti-siphoning framework and force Australians to pay thousands of dollars to streaming services to access the sporting events that Australians expect to watch for free,” she said.

Hanson-Young, who manages the Greens’ business in the Senate, called the government “technological troglodytes” who are out of touch on the cost of living, with young people, and with regional Australia.

The legislation will also force platforms such as Apple TV, Google Chromecast and smart TV providers, such as Samsung and Hisense, to give prioritised placement to local Australian channels on home pages and in search results.

Rowland said the laws ensured local services were not crowded out by global streamers on new connected television devices.

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