The bill amends the Broadcasting Services Act 1992 and the Australian Communications and Media Authority Act 2005 to impose minimum Australian content quotas on major subscription video on demand (SVOD) services.
It requires services with over one million Australian subscribers to invest at least 10% of their programming expenditure (or 7.5% of revenue) in new Australian drama, children’s, documentary, arts and educational programs, with reporting, carry-over provisions and civil penalties for non-compliance.
The Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Bill 2025 amends the Broadcasting Services Act 1992 (BSA) to introduce Part 8C, establishing Australian content expenditure obligations for major SVOD providers in Australia. Services with at least one million Australian subscribers must invest 10% of their total program expenditure on new Australian commissions or first-release acquisitions of eligible programs (drama, children’s, documentary, arts and educational programs). Providers may alternatively elect to satisfy a 7.5% obligation based on gross Australian revenue. Eligibility and expenditure criteria align with definitions in the Broadcasting Services (Australian Content and Children’s Television) Standards 2020. The bill allows unused expenditure or shortfalls to carry over for two years and requires annual reporting and notifications to the Australian Communications and Media Authority (ACMA). Civil penalties apply for failures to acquit obligations, report or notify. Exemptions can be granted by the ACMA, and a statutory review is scheduled four years after commencement. The bill also makes consequential amendments to the Australian Communications and Media Authority Act 2005.
Supporting Australian identity
Local screen content fosters a shared cultural narrative and strengthens national identity by ensuring diverse Australian stories are available to viewers. [Judgment]
Bolstering the creative economy
Guaranteed investment in local productions builds a stable base of funding, supporting jobs, skills and innovation in Australia’s screen industry. This helps retain talent and promotes international competitiveness. [Judgment]
Enhancing consumer choice
Mandating a minimum of new Australian content expands the variety of programs available to consumers, promoting media pluralism and preventing content homogenisation by global platforms. [Judgment]
While cultural preservation is important, imposing quotas on SVOD services risks inefficient resource allocation and higher subscription costs for consumers as platforms pass compliance costs downstream. [Judgment]
Quota requirements constrain programming flexibility and may incentivise token local productions rather than high-quality content, undermining viewer satisfaction. [Judgment]
Evidence shows major streaming services voluntarily invest in some Australian content; market-driven incentives, tax incentives or co-production deals could achieve similar outcomes with less regulatory burden. [Judgment]
2025-11-06
Passed Both Houses
Unspecified
Arts
Media / Advertising, Discrimination / Human Rights