Dean Smith (WA, Liberal Party) Share this | Hansard source

The Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Bill is one of a number of broadcasting matters that I expect we will start to see over the life of this parliament going forward. I know that travelling around the halls and corridors of this building at the moment are regional television broadcasters keen for parliamentarians to better understand some of the challenges being faced by regional television and, more importantly, some of the real risks to regional consumers of broadcasting services as a result of some of the very real commercial and technological changes that are happening across that space. I think it behoves all of us in this place, particularly those of us who come from regional electorates, like my own in Western Australia, to give very careful and due consideration to some of the very real challenges being faced by regional television broadcasters and to do all we can do to perhaps peel back some of the unnecessary regulation to ensure that consumers' interests—and regional consumers' interests—are put at the forefront of our consideration. But that is a debate for another day.

My attention this morning is drawn to the Broadcasting Legislation Amendment (Primary Television Broadcasting Service) Bill. This is a small but important step in the government's commitment to modernising Australia's communications infrastructure and the regulation that goes along with it. As chair of the Coalition Backbench Committee on Communications, it is a policy direction that I heartily support, and of course I echo the contribution of the senators who spoke before me, Senator Bushby and Senator Ruston. We quite clearly live in a digital age and it is time for regulations that govern communications policy in Australia to reflect that very obvious fact. The provisions of this legislation will give the nation's free-to-air broadcasters the ability to broadcast on their primary channel in high definition. This will remove an outdated restriction which means that at present they are only able to do so in standard definition. That limitation dates from the beginning of the digital television switch-over. At that time, several years ago, television equipment capable of receiving high-definition signal did not have the penetration levels that it enjoys today across Australia. It was necessary to require broadcasters to transmit in standard definition on their primary channel so that all households were capable of receiving at least one digital channel per broadcaster. However, we are now several years down the evolutionary track when it comes to digital technology, and virtually all televisions and set-top boxes are now capable of receiving broadcasts transmitted in high definition. Indeed a Newspoll survey from February of last year found that 96 per cent of Australian households possessed either a high-definition television set or a set-top box capable of receiving high-definition signal. I think it is very safe to say now, 18 months since that time, that that figure would only have grown. On that basis it is no longer appropriate for the government to be dictating to broadcasters as to which type of signal they will broadcast on their primary digital channel.

We know from broadcasters themselves that audiences are demanding more and more content in high-definition format, and in a fast-moving media landscape the consumer is king—the consumer is sovereign. The simple change that this legislation will bring about forms part of the government's broader approach to communications policy, which is targeted towards removing cumbersome and outdated regulations that are preventing media outlets from responding to shifts in consumer preferences.

As senators would be aware, in May of last year the government released its deregulation road map for the communications portfolio. That road map committed the government to a wholesale review of the digital free-to-air regulatory framework, to make sure that Australia's regulatory environment is in this area fit for purpose. As part of that review, the government released a discussion paper in January of this year, seeking comment from the public and industry alike on the question of the regulatory framework governing digital broadcasting. It should be noted from the responses to that the discussion paper that its proposal that broadcasters be given the option of transmitting their primary channel in either standard or high definition received very high levels of support from the public and the industry alike. It is in response to this overwhelming feedback that the government has now brought forward this legislation to the parliament. What we are doing here is simply giving broadcasters the option to broadcast in high definition on their primary digital channel.

It is important to note at this juncture that nothing contained in the legislation alters in any way arrangements surrounding broadcasters' obligations in relation to captioning, providing Australian content or anti-siphoning. I think that is worth repeating: there is nothing in this legislation that would remove those obligations that currently exist around broadcasters' obligations in relation to captioning, providing Australian content or anti-siphoning. And it is particularly important that we do this at this time because both the AFL and NRL finals are upon us.

We know that the way Australians watch television is changing radically. More and more, consumers are picking and choosing content and watching it at times that best suit them over streaming services such as Netflix, Presto and Stan. These developments are fantastic for consumers, and of course they should be welcomed and they should be endorsed. There is ample evidence to suggest Australians are rapidly embracing the new opportunities to shape their own viewing experience and that of their families and, indeed, to binge on entire seasons of their favourite programmes at the touch of a button.

However, that also presents broadcasters with a significant challenge, as they must find ways to attract viewers to their product. One of the best advantages that traditional broadcasting still has over streaming services is in their coverage of developing events, most particularly, sporting broadcasts. It is not surprising, therefore, that the right to broadcast these events has become an increasingly big and expensive business. Take, for example, last month's deal between the AFL and the Seven Network, Fox Sports and Telstra, which is the biggest sport broadcasting deal in Australian history. That agreement, worth over $2½ billion—many people stagger to try to quantify that—gives the Seven Network the opportunity for rights to broadcast three AFL matches per round in every state and territory over six years, along with the Brownlow Medal and the AFL grand final. The deal also allows Fox Sports to show every match of the round live, and will permit Telstra to stream matches to viewers via hand-held mobile devices and the AFL website.

This is of course a very significant change over the course of just a single decade. Ten years ago, the idea that people would be watching live football matches on their mobile phones was probably something many Australians could be troubled about in trying to understand and trying to picture. But today, it is a common sight as you pass through airports, railway stations and shopping centres around the country. We need to make certain that our communications regulatory framework is keeping pace with this evolving pattern of consumer behaviour.

When it comes to broadcasting, it stands to reason that having paid such large sums for the right to broadcast these sporting fixtures, such as the AFL grand final, broadcasters would want an equal opportunity of broadcasting it in high definition on their primary channel to enhance the experience for consumers, so that consumers can have all the visual and audio advantages that such broadcast quality brings to them and their families. This legislation is designed to offer broadcasters that opportunity, though of course it does not require them to do so. It is an opportunity, it is not a compulsory act required by this legislation.

More broadly, this bill is consistent with the coalition government's overall approach to regulation in public policy. Our attitude has been to carefully examine the regulatory framework across the scope of government and to dispense with regulations that are the legacy of a world that no longer exists, or if it does exist, it exists only in our imaginations or in our historical recount of events. That is why we have already had three 'repeal days' in the life of this parliament dedicated to removing the shackles of outdated, unnecessary and burdensome regulations. I know there is a fourth one scheduled in November of this year, but it is important that the parliament moves immediately on this particular issue, on this particular bill, given that we are now into the football final season in both the nation's prominent football codes.

This is a small but important and also very, very relevant change that gives the nation's free-to-air broadcasters the ability to offer a high-quality consumer experience at a time when they are facing increasing competition from streaming services and other shifts in consumer behaviour. Ultimately this legislation is doing something that should lie at the heart of all government regulation and policy in the communication portfolio and across other portfolio areas, and that is to offer greater choice to consumers.

On a final note, when we look at the future of communication policy in this country, it is easy to get distracted by the interests of media owners or of media proprietors. We must put, at the forefront of all of our considerations at every minute on every day, the interests of consumers and particularly the interests of regional consumers. When we look at media policy through the prism of the commercial interests of just media proprietors we do a great disservice to consumers and particularly to those across regional Australia who thrive on, desire and enjoy the need for local content and local news services.

It is beholden on this parliament to, at all times, make sure that there is media choice and media diversity across regional broadcasting areas. That is a debate that, I think, this parliament will come to very, very shortly. I implore cross bench and opposition senators to give the issue due consideration and do what they can to put the interests of regional consumers first and foremost in their future considerations on the issues around regional broadcasting and other media services. With that I commend the bill to the Senate.