How do streaming services like Netflix and Stan get regulated in Australia?

In Plain English

Streaming services like Netflix and Stan aren't typically considered "broadcasting services" under Australian law. This means they don't have to follow the same rules as traditional TV and radio. However, there's a push to change this, especially regarding Australian content. New rules are being introduced that require major streaming services (those with over 1 million Australian subscribers) to spend a certain amount of money on new Australian programs like dramas, documentaries, and kids' shows.

Detailed Explanation

The regulation of streaming services in Australia is a complex and evolving area. Here's a breakdown based on the provided context:

  1. Definition of Broadcasting Service: The Broadcasting Services Act 1992 (BSA) defines a "broadcasting service" and sets the regulatory framework. However, section 6 of the BSA excludes certain services from this definition.
  2. The Alston Determination: The "Alston Determination" (originally made in 2000) clarified that internet services providing TV and radio programs, including online live streams, are generally not considered "broadcasting services". This determination has been remade over time, including as the Broadcasting Services (“Broadcasting Service” Definition – Exclusion) Determination 2019, and the Broadcasting Services (“Broadcasting Service” Definition — Exclusion) Determination 2022 (docid=1).
  3. On-Demand Services: Paragraph 6(1)(b) of the Broadcasting Services Act 1992 excludes on-demand services like Netflix and Stan from the definition of "broadcasting service". This exclusion applies to pre-recorded programs available on demand.
  4. Evolving Regulatory Landscape: The context highlights that the traditional distinctions between online and broadcast content are blurring. Consumers expect similar safeguards for content regardless of the platform.
  5. Australian Content Requirements: The Communications Legislation Amendment (Australian Content Requirement for Subscription Video On Demand (Streaming) Services) Act 2025 introduces Australian content requirements for major subscription video on demand (SVOD) services.
    • Major SVOD Service: An online content service is considered a "major SVOD service" if it meets certain criteria, including having at least 1 million paying subscribers in Australia and providing audiovisual content that appeals to the Australian public, including "eligible programs".
    • Eligible Programs: These include drama, children's programs, documentaries, arts programs, and educational programs.
    • Expenditure Requirement: Major SVOD services must meet an "Australian content expenditure requirement," which is a percentage of their total program expenditure for Australia or their total revenue derived from Australia.
    • Regulated SVOD Service: A "regulated SVOD service" is an online content service that is a major SVOD service for any SVOD reporting year.
  6. ACMA's Role: The Australian Communications and Media Authority (ACMA) plays a role in administering and monitoring compliance with these requirements. The ACMA also has the power to determine whether a specific program is an eligible program or an eligible Australian program.
  7. Reporting Requirements: Providers of regulated SVOD services must give annual reports to the ACMA regarding their compliance with the Australian content requirements, their qualifying expenditure, total program expenditure, revenue, subscriber numbers, and acquittal of expenditure requirements. They must also notify the ACMA if they have at least 250,000 paying subscribers in Australia and are not an excluded service.