The Federal Government has unveiled draft regulations for its prominence framework, aimed at ensuring access to local and free TV services in the streaming era. The draft regulations follow the introduction of the Communications Legislation Amendment (Prominence and Anti-siphoning) Bill 2023 in November. If passed, the prominence framework will impose 'must carry' obligations on device manufacturers to mitigate the risk of free-to-air broadcasting services being overshadowed by larger, international services in the Australian market.

"Local, free-to-air television informs and entertains all Australians, contributing to our shared sense of identity and cultural life. That's why our prominence reforms help ensure free local services remain easily accessible to Australian audiences on their connected television devices, even as technology changes. The draft regulations set out how the Government would achieve that in practice, and have been released to provide greater detail on the proposed prominence requirements," said Minister for Communications, the Hon Michelle Rowland MP.

After a transition period, manufacturers of connected television devices will have to meet minimum prominence requirements for new devices supplied to the Australian market. These requirements include providing access to regulated television services, pre- or auto-installing free-to-air video-on-demand services, and presenting separate titles, tabs or links for each free-to-air video-on-demand television service.

The requirements will not apply retrospectively to existing television sets, and will not affect hardware or other ancillary equipment, such as remote controls. The proposed framework and draft regulations will not constrain device manufacturers from promoting or recommending other content or services, or affect search results or device customisation by consumers.

"The Albanese Government's new prominence framework delivers on our election commitment to modernise media laws and level the playing field, recognising the important role that free-to-air broadcasters continue to play for Australians � matter where they live or what they earn," added Minister Rowland.

The Bill was referred to Senate Environment and Communications Legislation Committee for inquiry and report by 26 March 2024. The draft regulations are intended to assist and inform the inquiry into the Bill. The use of regulations will allow minimum prominence requirements to be adjusted over time in response to changes in technology and consumer preferences.