Greens, TV networks say new anti-siphoning laws leave open gaping sports loophole

The Albanese Government has been accused of doing the “dirty work” of giant streaming corporations like Amazon and Netflix and leaving behind scores of Australians after anti-siphoning laws cleared Parliament.

The Greens, who have been fighting to ensure sport was free for all to watch whether it be on aerial broadcast television, or on smart devices and TVs, said it was a death knell for sports viewers because there was still a loophole open that meant some events would remain behind a paywall.

“We could have fixed this sports streaming law to protect free access to significant events like the Matildas, the rugby, the footy and the Olympics in our digital age. Now, Australians will need to pull out their credit card and pay ... for the privilege of barracking for their own team,” Greens senator Sarah Hanson-Young said.

“This Government is out of touch on the cost of living, out of touch with young people, out of touch with regional Australia. They are technological troglodytes.”

The bill prevents streaming services such as Amazon, Apple, and Disney from buying exclusive “broadcast rights” to major sporting events, such as the AFL and Olympics.

But streamers will now be able to acquire exclusive digital rights — which will lock out millions of viewers who watch free sports on services such as 7plus, 9Now and 10Play.

Free TV, the lobbying body for commercial TV stations, said without the digital sports right amendment, the parliament had “failed to ensure that every Australian can share the unforgettable sporting moments that unite us”.

“Free to Air broadcasting is meant to be the universally accessible destination that binds all Australians together. Sadly, with the passing of this bill we will now see a nation of the haves and have-nots when it comes to accessing the broadcasts and online services of our beloved commercial and national networks. How could this be allowed to happen in a country that has always celebrated the fair go for all?” chief executive Bridget Fair said.

“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. Research shows that 69 per cent of Australians access their TV via the internet, so it’s hard to understand why these laws do not look after their interests and guarantee free sport for the millions who watch TV online.

“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”.

Communications Minister Michelle Rowland celebrated the passage of the legislation, saying the government had delivered “its commitment to support access to local TV and free sports coverage in the streaming era”.

“These reforms improve access to free-to-air television services on new connected television devices by ensuring local services aren’t crowded out by global streamers,” she said.

“Bringing streaming companies into the anti-siphoning scheme for the first time will help prevent iconic sporting events from slipping behind online paywalls.

“These important reforms mark an important step in bringing Australia’s media laws into the 21st century”.