Questions in Canberra over whether Nine is breaching Anti-Siphoning rules by forcing viewers to pay to watch Aussies compete in the Olympics.
Australians are frustrated by it Winter Olympics events behind Stan Sport’s paywall, according to Liberal Senator Jane Hume.
Yesterday, in Senate Estimates, Senator Hume shared with representatives of the Australian Communications and Media Authority her annoyance at trying to watch family friend, cross-country skier Maddie Hooker, compete late on Saturday evening.
“I stayed up way past my bedtime to watch Maddie (pictured below) in her first race. They had been announcing all evening that the Women’s Skiathlon would be at 11am,” she said.
‘At eleven o’clock they said: ‘If you want to continue watching the Skiathlon, you can go to Stan Sport.’
“And I thought, ‘That’s a bit of a bullshit. Oh, well, the good news is that I have Stan.’ So I go to Stan.
‘But it’s not Stan, it’s Stan Sport I need!
“So it’s a lot of hassle to try to pay an extra $20 to subscribe to a system I would otherwise never use – simply to watch one of only four events, I think, that day that Australians were competing in. This was incredibly frustrating.
“Now I want to understand whether from your perspective the intention of the Government’s anti-siphoning laws is to ensure that important events are broadcast on Free to Air TV, and that the Minister’s anti-siphoning instrument outlines that the Olympic Games – that is, summer and winter – are declared important events?”
Alana Fraser, Executive Manager ACMA Content Safeguards, said: “The way the rules work is to ensure that the Free to Air broadcaster buys the rights. If you have the rights, there are no obligations in relation to broadcasting that content. It can broadcast content on its streaming services, so that is within the rules.”
“We have received some questions about the Winter Olympics in that sense, but content purchased by Nine and broadcast on Stan through their arrangements is within the rules.
Senator Hume acknowledged that Nine had been bought Olympic rights up to and including Brisbane 2032, “which will be very important.” Those rights cost Nine $305 million.
But she continues to be bothered by Australians about events behind the paywall and messages from Nine.
“This idea that you can choose, or even, dare I say, be misled about what is shown on Free to Air and what is shown on a subscription TV service is incredibly frustrating,” she continued.
“Nine said it promotes full replays, access to all live content, all content and every event content in certain sports categories, and then it says ‘Exclusive on Stan Sport.’
“I wonder: do you think this is contrary to the intent of the anti-siphon laws which force Australians to take out a paid subscription to watch the content in full or live, as Channel Nine has promised and continues to promise?”

ACMA refused to take a supervisory position.
“Senator, I think we can only comment on whether it is consistent with existing law,” said ACMA President Nerida O’Loughlin.
But Senator Hume persevered.
“How about when announcers say, ‘Welcome back, and cross country just started. You can watch all that action. It’s on Stan Sport right now…?'”
“All that live surveillance and full content behind a streaming service is so frustrating for those trying to watch the broadcast, especially in a different time zone. Is this something the minister has given you an opinion on?”
Nerida O’Loughlin replied: “Senator, as I said, I think our focus would just be on whether it is consistent with the existing rules, which, as Ms Fraser said, it appears to be. Whether or not any changes are considered would be a matter for the Government. But I don’t believe that has been raised with us in the context of the Winter Olympics.”
Labor Senator Nita Green said the Government was “fully committed to ensuring people can see sporting events for free”, and referred to a forthcoming Review.
Senator Hume also outlined “a pile of complaints” from Australians trying to watch Winter Olympics but ACMA has so far acknowledged only two written receipts.
“There aren’t actually many Australians participating in the Winter Olympicssaid Senator Hume, “and if they did compete, I would have thought it would be a moment of extraordinary national pride.”
“It is incredibly frustrating to know that Channel Nine is somehow happy to broadcast sports or events that no Australians are participating in, but makes Australians pay to watch their own people compete.”
Nine have been contacted for comment.
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