Stephen Conroy (Victoria, Australian Labor Party, Deputy Leader of the Opposition in the Senate) Share this | Hansard source

by leave—I move:

(1)    Schedule 1, page 4 (after line 12), after item 6, insert:

6A  Paragraph 5A(d) of Schedule 4

Repeal the paragraph.

(2)    Schedule 1, page 4 (after line 12), after item 6, insert:

6B  Subclauses 5A(2) and (3) of Schedule 4

Repeal the subclauses.

As I outlined in the second reading debate, these amendments sweep away the absurd genre restrictions which limit what the ABC and SBS can show on their digital channels. These restrictions are contained in clause 5A of schedule 4 of the BSA, which defines a multichannelled national television broadcasting service. Clause 5A lists 22 categories of programs that the ABC and SBS are permitted to show. It includes categories such as a culture related program, a financial market or business information bulletin, a science program, a religious program, a health program, a public policy program, a foreign language news bulletin, a program about community based multicultural or Indigenous activities, and a children’s program. And the list goes on.

Needless to say, Labor has no objection to these types of programs. There is, however, no public policy justification for limiting the ABC and SBS to these narrow genres. If these amendments are passed, the ABC and SBS will be able to broadcast the full range of programs that are typically broadcast on free-to-air television. The national broadcasters will be free to set a schedule of programs that will appeal to their audiences. They will be free to dig into their archives and rebroadcast some of Australia’s best-loved drama, sport and comedy.

As I indicated during the second reading debate, the minister has announced that the government will remove the genre restrictions in digital television legislation which will be debated later this year. Labor believes that these genre restrictions have been in place for far too long. There is no need to wait until the minister gets around to introducing her media legislation. The Senate can and should act today.

There is one key point of difference between the approach set out by the minister and the amendment that Labor is arguing for today. The government intends to continue to restrict the national broadcasters from showing sporting events on their digital channels. The minister has said the ABC and SBS will not be able to show sport that is on the antisiphoning list on a digital multichannel unless the event has already been shown or is simultaneously shown on the main channel. Labor does not support this restriction on the ABC and SBS. The objective of the antisiphoning list is to maximise the likelihood that events of national significance are available on free-to-air television. The condition that the minister has proposed will reduce this possibility. Last year’s Ashes cricket provides one example of a situation where the minister’s policy is clearly contrary to the public interest. The ABC wanted to acquire the rights but were concerned about moving the news and The 7.30 Report, which would have clashed with the first session of play. The ABC asked the parliament for the ability to show the first session on ABC2. In the end, of course, SBS secured the rights and provided fantastic coverage, but people should not forget this was a close-run thing and that we were only just able to see that fantastic Ashes series on free-to-air television—and not because of the government or the minister’s competence.

Allowing the ABC and SBS to show antisiphoning list sport on their digital channels would maximise the chance of important events like the cricket being available on free-to-air television. The ability to show sport on ABC2, for example, allows the ABC to cater for sports and to keep faith with its loyal audiences for longstanding programs. I cannot understand why the minister is proposing a restriction that would deprive the public of the ability to get the maximum value out of their investment in the ABC and SBS. There is no doubt the genre restrictions are retarding the take-up of digital television, and I urge the Senate to take action today to lift these restrictions and allow taxpayers to get additional value from their $1 billion investment in digital television. I commend the amendments to the Senate.