{"id":"F2024L01658","name":"Broadcasting Services (Minimum Prominence Requirements) Regulations 2024","slug":"broadcasting-services-minimum-prominence-requirements-regulations-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442669,"registerId":"F2024L01658-fast-fetch-1775957625196","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Broadcasting Services (Minimum Prominence Requirements) Regulations 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nBroadcasting Services (Minimum Prominence Requirements) Regulations 2024\n\nI, the Honourable Sam Mostyn AC, Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.\n\nDated  12 December 2024\n\nSam Mostyn AC\n\nGovernor‑General\n\nBy Her Excellency’s Command\n\nMichelle Rowland\n\nMinister for Communications\n\n \n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Name\n\n2 Commencement\n\n3 Authority\n\n4 Definitions\n\nPart 2—Minimum prominence requirements\n\n5 Purpose of this Part\n\n6 Minimum prominence requirements\n\n7 Additional minimum prominence requirements for certain devices\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Broadcasting Services (Minimum Prominence Requirements) Regulations 2024.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument The day after this instrument is registered. 17 December 2024\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under the Broadcasting Services Act 1992.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in the Act, including the following:\n\n(a) broadcasting services bands;\n\n(b) broadcasting video on demand service;\n\n(c) primary user interface;\n\n(d) regulated television device;\n\n(e) regulated television service.\n\n  In this instrument:\n\nAct means the Broadcasting Services Act 1992.\n\nPart 2—Minimum prominence requirements\n\n \n\n5  Purpose of this Part\n\n  This Part:\n\n (a) is made for the purposes of section 130ZZO of the Act; and\n\n (b) prescribes the minimum prominence requirements with which a regulated television device must comply.\n\nNote 1: Under subsections 130ZZN(1) and (2) of the Act, a manufacturer of a regulated television device, or a related body corporate of the manufacturer, may be liable to a civil penalty if they:\n\n(a) supply the device, and the device does not comply with the minimum prominence requirements prescribed by this Part; or\n\n(b) do not take reasonable steps to ensure that the device continues to comply with those requirements after the device is supplied.\n\nNote 2: There are also additional obligations on such manufacturers and related bodies corporate: see subsections 130ZZN(3) (no fee or charge for compliance with the minimum prominence requirements) and (4) (no altering of audiovisual content) of the Act.\n\n6  Minimum prominence requirements\n\nScope\n\n (1) This section applies in relation to all regulated television devices.\n\nMinimum prominence requirements\n\n (2) The device must comply with the requirements set out in subsection (3) in relation to each application that is designed for the purpose of providing access to:\n\n (a) a broadcasting video on demand service mentioned in paragraph 130ZZJ(1)(b) of the Act; or\n\n (b) a service prescribed by the Minister under subsection 130ZZJ(2) of the Act, if that service is a broadcasting video on demand service.\n\n (3) The requirements are all of the following:\n\n (a) the application is either installed on the device before the device is supplied or will be installed when the device connects to the internet for the first time after the device is supplied;\n\n (b) the application must be able to be updated when an update is made available by or on behalf of the provider of the regulated television service;\n\n (c) the application must be visible on the primary user interface of the device without a user of the device being required to take any action (other than accessing the primary user interface of the device);\n\n (d) the application must be of a similar size and shape to other applications that:\n\n (i) are displayed on the primary user interface of the device; and\n\n (ii) are designed for the purposes of providing access to a service (other than a regulated television service) that makes audiovisual content available using a listed carriage service;\n\n (e) the application must be located in the same area of the primary user interface as those other applications.\n\n7  Additional minimum prominence requirements for certain devices\n\nScope\n\n (1) This section applies in relation to a regulated television device if the device is capable of receiving a television broadcasting service that:\n\n (a) uses the broadcasting services bands; and\n\n (b) is either:\n\n (i) mentioned in paragraph 130ZZJ(1)(a) of the Act; or\n\n (ii) prescribed by the Minister under subsection 130ZZJ(2) of the Act.\n\nAdditional minimum prominence requirements for certain devices in relation to linear television broadcasting services\n\n (2) In addition to the requirements of section 6, the device must also comply with all of the following requirements:\n\n (a) a user of the device must be able to access:\n\n (i) national television broadcasting services provided by the Australian Broadcasting Corporation; and\n\n (ii) national television broadcasting services provided by the Special Broadcasting Service Corporation; and\n\n (iii) if, at a particular time, a broadcasting service covered by subparagraph 130ZZJ(1)(a)(iii) or (iv) or paragraph 130ZZJ(1)(c) of the Act is transmitted in the licence area in which the device is located and is authorised by a licence to be so transmitted—each such service;\n\n (b) each of those services must be identified and accessible on the device using the service’s logical channel number;\n\n (c) the user must be able to access each of those services on the device by selecting a single icon or visual representation;\n\n (d) the single icon or visual representation must be visible on the primary user interface of the device without a user of the device being required to take any action (other than accessing the primary user interface of the device);\n\n (e) the single icon or visual representation must be of a similar size and shape to applications that:\n\n (i) are displayed on the primary user interface of the device; and\n\n (ii) are designed for the purposes of providing access to a service (other than a regulated television service) that makes audiovisual content available using a listed carriage service.\n\nAdditional minimum prominence requirements—electronic program guides\n\n (3) In addition to the requirements of subsection (2) and section 6, if there is an electronic program guide on the device, the device must also comply with each of the following requirements:\n\n (a) the guide must be readily accessible on the device;\n\n (b) a user of the device must be able to use the guide to access each of the following services:\n\n (i) national television broadcasting services provided by the Australian Broadcasting Corporation;\n\n (ii) national television broadcasting services provided by the Special Broadcasting Service Corporation;\n\n (iii) if, at a particular time, a broadcasting service covered by subparagraph 130ZZJ(1)(a)(iii) or (iv) or paragraph 130ZZJ(1)(c) of the Act is transmitted in the licence area in which the device is located and is authorised by a licence to be so transmitted—each such service;\n\n (c) each of those services must be identified in the guide using the service’s logical channel number;\n\n (d) a user of the device at a particular time must be able to view a television program (a live television program) that is being broadcast on each such service, at that time, by selecting the program in the guide;\n\n (e) the guide must be capable of accurately displaying, at a particular time, the information listed in subsection (4) of this section about each of the following:\n\n (i) the live television program that is being broadcast on each such service at that time;\n\n (ii) the television program that will be broadcast on each such service immediately after the live television program;\n\n (iii) each television program that will be broadcast on each such service during the period of 7 days beginning from that time.\n\n (4) For the purposes of paragraph (3)(e), the information is:\n\n (a) the name of the television program; and\n\n (b) the start and finish time of the television program; and\n\n (c) a brief description of the television program; and\n\n (d) the classification information of the television program.\n\nExceptions\n\n (5) The requirements in paragraphs (2)(b) and (3)(c) do not apply in relation to a regulated television device that is not capable of displaying a television program without being connected to other equipment.\n\n (6) The requirements in paragraphs (3)(d) and (e) do not apply in relation to a television program that is advertising or sponsorship matter (other than a television program that is broadcast on a television broadcasting service that exclusively broadcasts advertising or sponsorship matter).\n\nContinuity of programs\n\n (7) For the purposes of paragraphs (3)(d) and (e), any break during the transmission of a television program for the purposes of the transmission of other matter is taken not to affect the continuity of the program.\n","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The regulations appear tightly scoped to their original purpose. They implement specific provisions inserted into the Broadcasting Services Act 1992 (sections 130ZZN-130ZZO) and do not expand beyond prescribing minimum prominence requirements for regulated television devices. The structure mirrors the Act's division between BVOD services and linear broadcast services."},"complexity_factors":["Heavy reliance on defined terms from the parent Act (Broadcasting Services Act 1992) — 5 key terms explicitly noted as defined externally, including complex concepts like 'regulated television device', 'primary user interface', and 'broadcasting video on demand service'","Nested conditional logic: section 7 requirements only apply to devices capable of receiving broadcast TV signals, creating a two-tier compliance structure","Cross-referencing to multiple sections of the Act (sections 130ZZJ, 130ZZN, 130ZZO) requiring simultaneous reading of primary legislation","Geographic variability in requirements: section 7(2)(a)(iii) and 7(3)(b)(iii) apply only if specific commercial services are transmitted in the device's specific licence area","Multiple exceptions in subsections 7(5) and 7(6) — one for devices requiring external equipment, another excluding advertising/sponsorship from program guide requirements","Technical continuity rule in subsection 7(7) clarifying that ad breaks don't interrupt 'continuity' of programs for guide purposes"],"plain_english_summary":"These regulations require smart TVs and similar devices sold in Australia to give ABC, SBS and commercial free‑to‑air broadcasters prominent, easy access—preinstalled BVOD apps, visible on the home screen like global streaming services, and single‑click access to live channels and a 7‑day EPG with program details. They apply to device manufacturers and related companies, with civil penalties for non‑compliance and bans on charging for prominence."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"This instrument implements minimum prominence requirements under section 130ZZO of the Broadcasting Services Act by prescribing device UI and EPG obligations for regulated television devices (regs 5–7). It does not amend the Act or expand the statutory categories of regulated services; instead it specifies how devices must present services already covered by the Act or prescribed by the Minister."},"complexity_factors":["Cross‑references to the Broadcasting Services Act 1992 (notably ss 130ZZO, 130ZZJ, 130ZZN) creating layered statutory obligations and penalties (regs 5 note; regs 6–7).","Technical, design‑level requirements (primary user interface visibility, ‘similar size and shape’, location, single icon, logical channel numbers) that require product‑level implementation decisions (regs 6(3)(c)–(e); 7(2)(b)–(e)).","Conditional scope: different obligations apply to all regulated devices (reg 6) vs devices capable of receiving broadcast bands (reg 7(1)), adding branching compliance paths.","Electronic program guide (EPG) requirements specify functional performance and data accuracy (readily accessible; 7(3)(a)–(e) and 7(4)), creating ongoing update and data‑supply dependencies.","Obligations on manufacturers to install or enable updates and to take reasonable steps to maintain compliance after supply (reg 6(3)(a)–(b); notes referencing ss 130ZZN(1)–(2)), imposing operational and update‑management burdens.","Exceptions and exclusions (external equipment requirement; advertising content carve‑outs) add interpretive complexity (7(5)–(6)).","Discretionary elements: Minister may prescribe additional services under the Act (reg 6(2); reg 7(1)), which can change compliance scope without amending these regulations."],"plain_english_summary":"These regulations require manufacturers of “regulated television devices” to preinstall and maintain visible app shortcuts on the device’s primary user interface for broadcasting video‑on‑demand and other Minister‑prescribed services (regs 6–7). Devices able to receive broadcast TV must also display single icons for national and authorised local services using logical channel numbers and provide an accessible electronic program guide with accurate 7‑day listings (reg 7). Manufacturers and related corporations bear compliance duties and may face civil penalties under the Act."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024","history":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024/history","analysis":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024/analysis","conflicts":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024/conflicts","importantCases":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024/important-cases","documents":"/api/acts/broadcasting-services-minimum-prominence-requirements-regulations-2024/documents"}}