Seven West Media, Free TV and Network 10 have all come out criticising the recommendations of the Prominence and Anti-siphoning Bill 2023 (Provisions) made public by the Federal Government this week, calling for the Government to keep sport free on TV and make sure Australian TV services remain easy to find.

The bill is about establishing a framework within Australia's Broadcasting Services Act to regulate the accessibility and prominence of free-to-air television services on certain internet connected television devices supplied in Australia. It's also about reforming anti-siphoning laws to include new media platforms alongside broadcast subscription TV. After an initial delay, the recommendations were handed down to Government this week.

Seven West Media outgoing Managing Director and CEO, James Warburton, labelled the Senate Committee’s recommendations as "totally misunderstand the needs of the Australian viewing public in 2024 and beyond".

"The recommendations are doing the Australian viewing public a disservice," Warburton said. He urged the Government to ensure the anti-siphoning scheme includes the free digital simulcast of the broadcast stream and that Australians see the benefits of the Prominence Framework sooner.

However, Seven West Media did welcome the input of the Greens through Senator Hanson Young in seeing the merit in a shorter introduction for prominence, reducing it from 18 months to six months, and including the digital simulcast in the anti-siphoning framework.

Free TV meanwhile, called for a serious rethink of the findings of the Senate Environment and Communications Legislation Committee’s inquiry into new laws to keep sport free on TV and ensure local Australian TV services are easy to find. While also welcoming the shorter implementation period for the prominence framework, there wasn't a lot else Free TV was backing.

"Overall, the Committee recommendations represent a major missed opportunity to ensure that all Australians can benefit from free local TV services into the future," Free TV CEO, Bridget Fair, said.

Free TV argued that unless existing sets are incorporated in the prominence framework, only those who buy a new TV will see any change, and people who can’t afford to upgrade their sets will miss out.

"Unless we incorporate existing sets in the prominence framework, only those who buy a new TV will see any change, and people who can’t afford to upgrade their sets will miss out, even though their connected TV sets can be, and regularly are, updated over the internet," Fair said.

Fair also warned increasing numbers of Australians who watch their free sport on TV using the internet, because they have no aerial, will miss out unless the new laws are amended to stop paid streaming services buying up exclusive digital rights and putting sports behind a paywall.

"If we don’t make this important change, the legislation will not make any meaningful difference until late this decade," she added.

"As the proportion of households watching TV online grows to half by 2027, the antisiphoning list will be fundamentally undermined if it does not apply to digital rights.

“Bidding for sport will become commercially unviable if free-to-air broadcasters can only acquire a narrow range of terrestrial rights, leaving paid services to acquire exclusive digital coverage. This is exactly the nightmare scenario the government is trying to avoid with this bill – so it must be amended to reflect modern viewing habits."

Unless such critical changes are made, fair said she feared Australia was going to continue to have analogue rules in a digital world.

“Our industry is ready to work constructively with the Government and other key MPs to support these important amendments,” she added.\

Network 10 president, Beverley McGarvey, joined the chorus of criticism, stating the Senate committee recommendations do not provide equitable access for all Australians to free and local broadcasters and fails to meet contemporary audience needs.

 “Delaying prominence rules for a year and limiting it to just new devices, means only those who can afford a new TV will be able to easily access local free-to-air broadcasters," she said. "The majority of Australians with existing devices, will be denied the same access to free TV that’s vital to connecting our communities, keeping us safe in emergencies, reflecting our unique identity and giving everyone a front row seat to iconic sporting and cultural events.

“Also, live stream and BVOD viewing, will very soon be the most popular way Australians watch their favourite sports, so leaving BVOD platforms out of changes to the anti-siphoning rules, doesn’t reflect contemporary audience needs.”