The Government has extended The Alston Determination loophole for five more years.
Currently, platforms such as 9Now, 7Plus and 10Play do not have the same broadcast rules as their free-to-air channels; Channel 9, Seven and 10.
Under the legislation, named after former communications minister Richard Alston, he determined in 2000 that TV and radio that streamed on the internet were not broadcasters under the Broadcast Services Act, as reported by the AFR.
In the past, this has seen advertising rules on the free-to-air channels – particularly political commercial blackouts in the lead-up to elections – not followed on their counterpart streaming platforms.
The Altson Determination was due to expire on Sunday but was reaffirmed in time, The Australian reported.
7Plus
By extending The Alston Determination, current communications minister Michelle Rowland is allowing more time for the industry to work with the government on modernising media regulations and updating legislation for the digital age.
“The Australian government will work with industry to modernise media regulations and update analog-era broadcasting legislation for the digital age,” she said.
“I would encourage all interested parties to have their say as this work progresses to ensure reforms recognise the current and emerging media environment, and can easily accommodate new and emerging services and technologies,” Rowland added.
9Now, April 2022
Sarah Henderson, shadow minister for communications, called the federal government’s failure to act on the legislation could have serious outcomes for commercial broadcasters and streaming services in Australia.
“The extension of the Alston Determination for a lengthy five years also shows that Labor doesn’t have the ticker to implement media regulation reforms before the next federal election,” she said.
“The remaking of the Alston Determination by the government, just days before it expired, imposed an unacceptable level of risk to Australian commercial broadcasting the streaming companies,” Henderson added.
However, the five year extension was welcomed by Free TV CEO Bridget Fair, who said: “There would be significant commercial uncertainty for Free TV broadcasters if the Alston Determination were allowed to lapse, so we don’t see any workable alternative to remaking it at this stage.”
“We support the government’s decision to leave it in place for five years, as a fundamental review of broadcasting legislation is a non-trivial exercise and will take time.”
Bridget Fair
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Top image: Michelle Rowland