Seize the moment on media reform to follow Albanese’s vision for Australia: Nine boss

The government must address two big gaps in its latest media reforms if Prime Minister Anthony Albanese wants to stay true to his “Future Made in Australia” vision, the boss of Nine Entertainment has said.

Last week, a bipartisan Senate committee largely backed Labor’s proposed communications bill, updating the anti-siphoning list and implementing “prominence” rules that ensure free-to-air networks are given prime placement on smart televisions.

However, to avoid inevitable regret down the line, Mike Sneesby, chief executive of Nine – which owns this masthead – is urging the government to amend the bill now.

Nine CEO Mike Sneesby and Prime Minister Anthony Albanese .

“There is a moment in time right now where our government has the opportunity to make the right decisions in the interest of the Australian public. If we don’t, we will reflect on those in the future and regret the actions we didn’t take,” Sneesby said.

Labor introduced the Communications Legislation Amendment (Prominence and Anti-Siphoning) Bill 2023 in November, and a cross-party Senate committee scrutinised it later.

The updates will extend the scope of the anti-siphoning list to include online services alongside pay TV providers such as Foxtel, preventing them from buying the rights to major sporting events, including the Olympics, AFL and NRL grand finals and FIFA World Cup, before free-to-air networks have had the chance.

“It’s one thing to say a future that’s made in Australia is what we’re aspiring to, but we have to back it up with very clear action.”

Mike Sneesby, Nine Entertainment

However, the scheme does not cover the rights for digital streaming through local free apps such as 9Now, 10Play and SBS On Demand, which people are increasingly using to watch television and live sport.

The “prominence” lever will ensure those apps get prime placement on the home screens of new smart televisions and plug-in devices such as Apple TV and Google Chromecast.

The committee delivered its report on Tuesday last week, backing the legislation while recommending that the adoption time for prominence be reduced from 18 months to 12 months for manufacturers to comply.

Critics of the policy argue that it goes against Australians’ preferences and stifles free-market innovation by limiting potential revenue opportunities for major sports.

The legislation is part of a wider strategy from Labor to encourage a more sustainable media industry in Australia.

This week, Albanese pledged to support “a future made in Australia”, encouraging greater incentives for local investment.

“Amongst all the events this week, our prime minister has been very vocal about a future made in Australia, which I think is absolutely right,” said Sneesby, adding that prominence and anti-siphoning were “exactly what [he] is talking about.”

But, he added, “It’s one thing to say a future that’s made in Australia is what we’re aspiring to, but we have to back it up with very clear action.”

Sneesby said the policy, in its simplest form, ensured that Australians had access to events with ‘no strings attached’, but it failed to acknowledge how an increasing number of people access content.

“Australians choose to watch TV both through an antenna and through broadcast video-on-demand or streaming platforms. Therefore, anti-siphoning should embrace both of those means and protect both of those areas,” he said.

Broadcast video on-demand platforms include the likes of 9Now, SBS On Demand and 10Play.

Sneesby also said prominence did not address the fact most Australian homes already had smart TVs, as it would only apply to televisions sold in the future.

“That doesn’t help Australians that have already purchased a smart TV, so anti-siphoning and prominence have two big gaps the government needs to solve to ensure a future that’s made in Australia is what we get.”

A Foxtel spokesperson said the company was pleased the committee recognised the importance of putting consumers first and reflecting consumer preferences.

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