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The five free-to-air broadcasters have combined on a rare unity ticket to call on the government to ensure their services are easy to find on smart TVs and major sporting events remain free to watch for Australians.
Representatives from Nine, ABC, SBS, Seven and Ten have addressed a Senate inquiry into the prominence and anti-siphoning bill, with SBS's managing director revealing manufacturers are demanding revenue from television channels in return for making their apps easy to find on smart TVs.
"In June 2018, the manufacturer of the best-selling connected TV in Australia wrote to SBS and advised that unless we agreed to a 15 per cent revenue share arrangement and a placement fee, SBS would be removed from the 'app launcher' on the TV homepage for that brand," James Taylor told the inquiry.
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"When SBS refused to pay, the manufacturer carried through on their threat, making it much harder for audiences to find the SBS On Demand app.
"In August 2023, we received notification from another platform operator that unless SBS agreed to pay them 30 per cent of the revenue we derived from being on their platform, they would exclude us entirely."
The government's prominence and anti-siphoning bill was introduced to parliament last year in an attempt to ensure laws regarding free-to-air TV remain fit for purpose in the digital world of smart TVs and streaming services.
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It would expand the anti-siphoning list – the list of major sporting events that must be offered to free-to-air broadcasters before a pay TV provider can acquire the rights to televise them – to include online services, as well as regulating the accessibility and ease of access to free-to-air apps on smart TVs.
But the three commercial stations – Nine (the publisher of this website), Seven and Ten – say there are serious oversights in the bill.
"Subscription streaming services such as Amazon, Apple and Disney… can still acquire exclusive digital rights (to major events) and lock out the millions of Australians who watch free sport on services such as 7plus, 9Now and 10 Play," peak body Free TV said in a statement.
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"In another oversight, the bill only requires the free apps of local broadcasters and a live TV tile be available on new smart TVs that are manufactured 18 months after the legislation receives assent, meaning millions will miss out in the interim."
Nine CEO Mike Sneesby said it was crucial the loopholes are closed.
"All Australians deserve free access to the sporting events, trusted news and entertainment programs that bring communities together," he said.
"For free-to-air broadcasters to continue to provide these world-class services, we need the ability to provide them on all the platforms and delivery systems available to our audiences.
"It's critical the government provides the regulatory support required to ensure we can do the commercial deals that are necessary for us to provide these services."
