The government should not get involved in picking TV apps for consumers, research says

New research shows Australian consumers want the government to stay out of selecting the placement of content apps on smart televisions, as draft legislation looms.

Australian consumers overwhelmingly want the federal government to stay out of selecting where content apps are placed on their smart televisions, new research shows, while leading media consultant Colin Smith says the idea of the government getting involved in the space doesn’t “pass the logic test’’.

The peak body representing the Australian Subscription Television and Radio Association (ASTRA), whose members include Disney, BBC, NBCUniversal, Warner Bros and Foxtel - which is majority owned by The Australian’s parent company News Corp - are urging consumers to contact their local members of parliament to voice their opposition to proposed “prominence” legislation, which could dictate the layout of content apps on smart televisions.

The federal government received submissions earlier this year for a framework to ensure that Australian TV services are able to be easily found on connected TV devices, however the proposed changes could see taxpayer-funded broadcasters including the ABC and SBS given increased prominence ahead of other commercial TV outlets on their smart TVs.

Independent YouGov research commissioned by Foxtel shows that Australian consumers are almost unanimous in wanting government to stay out of the space, with 94 per cent saying they don’t want the government controlling the order and layout of apps on their TV.

Of the more than 1000 people surveyed, 80 per cent believe the choice of what they watch should be their own, while 73 per cent want the ability to customise the order and layout of the apps on their TV themselves.

Global Media and Sports director Colin Smith said the prominence issue was “about protecting free to air” television providers.

“And it’s saying they should be, irrespective of who has got the smart TV, they should be prominent in terms of the order of things,’’ Mr Smith said.

“Now, I don’t think that necessarily passes the logic test.’’

Mr Smith said the placement of content on smart TVs should not be the subject of legislation and he wasn’t aware of any similar regulations overseas.

“My personal view is, the market should be the market,’’ Mr Smith said.

“I actually believe free to air has got a significant place ... in the Australian marketplace, but what we’re seeing is a significant shift to streaming.

“I don’t think trying to put in a protection system necessarily is in the interests of the Australian viewer.’’

There are concerns the proposed prominence legislation could distort the market, with, for example, news services from the ABC and SBS served up in response to search results ahead of those from other providers.

The same would apply for live sports programming.

ASTRA this week launched a television commercial to back up a print and social media campaign with the message: “Don’t let the government tell you what to watch or limit your search results.

“You wouldn’t allow it on your phone. It’s your TV.

“It’s your living room. The choice should be yours.”

ASTRA said its campaign intends to “raise awareness of this issue and galvanise Australians who love their TVs and the content they pay for to act now’’.

“Services should not be hidden from consumers or altered both in terms of app accessibility and in search.

“That control should sit with the Australian public who are paying for their devices and the services available on them.

“Overwhelmingly they have said they want this control.’’

The peak body representing free-to-air broadcasters, Free TV Australia, is pushing prominence legislation to ensure their apps are given priority including their channels, BVOD (broadcast viewing on demand) services and content on smart TVs.

This includes ABC iview, SBS on Demand, 7plus, 9now and 10play.

Foxtel chief executive Patrick Delany said the research results indicated overwhelming support for freedom of choice.

“Our research shows that 94 per cent of Australians don’t want the Government controlling the order and layout of apps on their TV,’’ Mr Delany said.

“This is completely analogous to our mobile phones. Australians would be shocked if the order of their apps were controlled on their mobile phones and their ability to search was altered.

“We will fight for this right for Australian consumers.”

It is understood the federal government intends to introduce the prominence legislation before the end of the year.

A template letter which can be sent to federal members of parliament can be downloaded from the ASTRA website.