“Most screen companies are small operators and operate on a small budget… they try to negotiate commercial terms with large corporate players.”
With local streamer quotas in place, Screen Producers Australia has a new battle on their hands…
SPA has filed two applications with the Australian Competition and Consumer Commission seeking permission to collectively bargain on behalf of its members with free-to-air broadcasters, subscription television channels and streaming services.
The applications, made under sections 88 and 91 of the Competition and Consumer Act 2010, seek approval for SPA to negotiate model contracts for Australian manufacturers.
SPA Chairman Kate Carnell said: “I know from my work with industry business leaders at SPA that deal-making in the current environment has been extremely difficult for years and that something needs to be done or too many creative entrepreneurs will be driven out of the industry.
“Most fencing companies are small operators and operate on a shoestring budget. The pressure they face in negotiating commercial terms with large corporate players is unsustainable and puts their survival at risk. Recourse to the ACCC is the logical next step needed to address this market imbalance. I have seen this scenario play out in many other sectors, including pharmaceuticals and food, and I believe this ACCC filing is necessary to bring fairness back to the Australian fencing industry,” Carnell said.
SPA CEO Matthew Deaner (pictured) said: “With the Streaming Regulation legislation now in place, Australia has taken a historic step in recognizing the importance of local content and local production.
“However, despite years of campaigning by SPA, the legislation was unable to address the important issue of rights ownership and control, which is key to monetizing any screen project. This ACCC application aims to ensure Australian producers can operate with the fair commercial conditions they need to deliver that content sustainably. The ACCC process will allow us to work further with key stakeholders as we work towards our goal of ensuring a sustainable screen industry.”
Under current competition law, SPA members are prohibited from engaging in conduct that could be considered anti-competitive, including coordinating negotiations. SPA’s applications seek a targeted exemption to enable collective negotiations on basic commercial conditions.
SPA claims that most Australian manufacturing companies do not have the scale or resources to repeatedly negotiate complex, bespoke agreements on a project-by-project basis. Model terms would provide a basic set of negotiated rights for producers and buyers to work from, while still allowing flexibility to agree terms that suit individual productions.
Proposed reforms would:
- Help rebalance the significant power differential between producers and their much larger customers
- Promote greater consistency, efficiency and fairness in contracting
- Reduce legal, financial and administrative costs for smaller companies
- Support a broader, more sustainable and more diverse Australian manufacturing sector
“Collective bargaining is about fairness, sustainability and efficiency,” Deaner said. “Without this capacity, there is a risk that the market will be dominated by fewer, larger companies, and fewer Australian stories will be told.”
The latest Screen Australia Drama Report found that while overall drama spend rose sharply, largely driven by international activity, the number of Australian titles entering production fell year on year – highlighting the growing vulnerability for local producers.
Similarly, the ACMA SVOD report confirmed that while streaming investment in Australian content has increased over the 2024-2025 period, this growth is concentrated on a small number of global platforms and does not offset the structural power imbalance that producers face at the bargaining table.
SPA claims that Australia’s status as an English-speaking market adds to this pressure. Broadcasters and streamers can acquire large amounts of US and UK content at a fraction of the cost of producing new Australian programming. Streamers in particular operate with global assignment options and often do not provide producers with access to ratings, further undermining producers’ bargaining power even when their programs are performing well.
“Even when Australian programs are successful, producers often negotiate in the dark,” says Deaner. “That lack of transparency immediately weakens their negotiating position.”
SPA has submitted two separate applications:
- One concerns regulated broadcasters – free-to-air and subscription television broadcasters
- A second concerns domestic and global streaming services
Following formal submission, the ACCC will publish the applications and invite public submissions from relevant stakeholders, including broadcasters and streaming services. SPA will then be given an opportunity to respond before the ACCC issues a draft decision for further comment and ultimately makes a final decision.
The full process is expected to take approximately six to twelve weeks, depending on stakeholder involvement and whether further information is required.
If permission is granted, SPA may initiate collective bargaining on behalf of its members. The authorization would not force broadcasters or streamers to negotiate, but would provide a clear and legal framework within which negotiations can take place.
“Australian producers have shown extraordinary resilience through years of turmoil,” Carnell said. “This process is about giving them an opportunity to operate on fair terms and continue to deliver the value of the Australian story to the public.”
Free TV Australia has been contacted for comment.
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