Broadcasting Services (Minimum Prominence Requirements) Regulations 2024

Regulated television device - Defined in the Act (section 130ZZI) and imported by the Regulations. This covers any electronic device designed primarily for receiving and displaying television programs, or capable of accessing audiovisual content using a listed carriage service, that is of a kind prescribed by the Minister. In practice, it includes smart televisions, streaming devices (e.g., Apple TV, Google Chromecast) and possibly gaming consoles if they meet the criteria. The Regulations apply to all such devices without further specification.

Primary user interface - The main screen or menu that a user sees when the device is turned on or woken from standby. The Regulations require that BVOD applications and free-to-air service icons be visible on this interface without any further action (other than accessing the interface itself). This is a critical design mandate: it prevents manufacturers from burying broadcasters’ content behind menus, folders or algorithmic recommendations that prioritise other apps.

Minimum prominence requirements - The specific obligations set out in sections 6 and 7. These include pre-installation, automatic updates, visibility, size and location parity with other streaming applications, identification by logical channel number, single-icon access, and electronic program guide functionality. The term “minimum” suggests that manufacturers may choose to give broadcasters even greater prominence, but cannot give less.

Broadcasting video on demand service (BVOD) - Defined in the Act as a service that provides programs on a point-to-point basis using a listed carriage service, where the programs are provided by a person who is a provider of a broadcasting service (or a related party). This captures services such as ABC iview, SBS On Demand, 7plus, 9Now and 10 Play. The Regulations require prominence for these applications. The Minister has power under subsection 130ZZJ(2) to prescribe additional services (e.g., community BVOD or new entrants).

Logical channel number (LCN) - The channel number assigned to a free-to-air broadcasting service under the Broadcasting Services (Technical Standards) Register or similar instruments. For example, ABC is typically LCN 2, SBS 3, Seven 7, Nine 9, Ten 10. The Regulations require that these LCNs be displayed and used for identification and access, both for direct tuning and within the electronic program guide.

Regulated television service - Defined in section 130ZZJ of the Act. It includes: (a) television broadcasting services that use the broadcasting services bands (i.e., free-to-air digital terrestrial), further broken into ABC, SBS, commercial and community services; (b) broadcasting video on demand services; and (c) community broadcasting services (which may be prescribed). The Regulations apply section 6 to category (b) services, and section 7 to devices capable of receiving category (a) and (c) services (where transmitted in the licence area).

Electronic program guide (EPG) - A feature that displays program schedules. If the device has an EPG, section 7(3) imposes detailed obligations: it must be readily accessible; must list ABC, SBS, and other regulated free-to-air services by LCN; must allow a user to select a program to watch the live broadcast immediately; and must show accurate schedule data for the next seven days, including program name, start/end times, description and classification. Advertising and sponsorship matter is excluded from the live-viewing and schedule accuracy requirements.

Reasonable steps to ensure continued compliance - A duty under the Act (section 130ZZN(2)) that extends beyond the point of supply. Manufacturers must take steps such as providing software updates that maintain the required prominence even if the device’s user interface is altered by future firmware changes or by user-installed apps that rearrange icons. This is an ongoing compliance burden with no sunset.

The primary duty bearers are manufacturers of regulated television devices and their related bodies corporate (within the meaning of the Corporations Act 2001). This includes both domestic manufacturers and importers who supply devices in Australia. The Regulations apply to any device supplied after 17 December 2024 (the day after registration). Existing devices already in the supply chain or in homes are not retroactively affected, but manufacturers must ensure that new devices comply before supply and that reasonable steps are taken post-supply to maintain compliance.

The beneficiaries of the Regulations are the providers of regulated television services - principally the free-to-air broadcasters (ABC, SBS, Seven West Media, Nine Entertainment, Ten Network, and community broadcasters) and their BVOD platforms. These entities receive guaranteed prominence on the critical first screen of smart devices, without having to negotiate or pay for placement. The Act explicitly prohibits manufacturers from charging a fee for compliance (subsection 130ZZN(3)). This transfers value from manufacturers (and ultimately consumers) to broadcasters, as the broadcasters obtain free, prominent distribution on proprietary hardware.

Consumers are indirectly affected. They may experience a standardised, perhaps cluttered, home screen that prioritises a fixed set of incumbent services. Devices may cost more if manufacturers pass on compliance costs, such as redesigning user interface software, integrating LCN databases, maintaining EPG metadata pipelines, and updating firmware to meet ongoing obligations. Users also lose the ability to customise the default layout (the Regulations do not prevent user reordering after first use, but the initial state must comply). The EPG requirements may improve access to linear schedules, but the mandate that the guide be “readily accessible” limits manufacturers’ ability to offer alternative guide designs.

Suppliers of competing streaming services (e.g., Netflix, Stan, Disney+, Kayo, Binge, Amazon Prime) are affected because the Regulations require that BVOD applications be treated no less favourably than those other services in terms of size, shape and location on the primary user interface. This parity requirement might actually help broadcasters relative to large global platforms, but it also means that if a manufacturer wants to promote a particular streaming service (through larger icons or premium placement) they must give the same treatment to every BVOD app. This could reduce opportunities for paid placement or algorithmic promotion, potentially lowering manufacturers’ revenues from app store fees or marketing arrangements.

Regulatory and technical compliance professionals - lawyers, engineering teams, and product managers at device manufacturers - must interpret the Regulations’ ambiguous terms (e.g., “similar size and shape”, “same area”) and implement designs that satisfy the regulations, often without guidance from a regulator. The Australian Communications and Media Authority (ACMA) may provide guidance, but the Regulations themselves do not delegate enforcement or ruling powers to ACMA in this space (enforcement is via civil penalty proceedings in the Federal Court).

The Minister for Communications is also relevant because of the power to prescribe additional services under subsection 130ZZJ(2). This can expand the scope of the Regulations without amending the Regulations or the Act, simply by legislative instrument. This introduces uncertainty for manufacturers, as the list of services entitled to prominence can grow over time.

Manufacturer’s duty to comply before supply - Under section 130ZZN(1) of the Act (read with the Regulations), a person who supplies a regulated television device must ensure that the device complies with the minimum prominence requirements prescribed in Part 2 of the Regulations at the time of supply. This is a strict liability provision in the sense that it does not require fault; a civil penalty may apply even if the manufacturer took reasonable care, unless an exception applies.

Manufacturer’s duty to take reasonable steps to ensure continued compliance - Section 130ZZN(2) imposes an ongoing obligation. After the device is supplied, the manufacturer (or related body corporate) must take reasonable steps to ensure the device continues to comply. This could require over-the-air updates to the user interface or pre-installed application suite, particularly if a broadcast service changes its app, updates its LCN (rare), or if the Minister prescribes a new service that must be added. The standard of “reasonable steps” is not defined and would depend on factors such as the device’s update capability, cost, and the severity of non-compliance.

Prohibition on charging fees - Subsection 130ZZN(3) of the Act provides that a manufacturer must not impose a fee or charge on a provider of a regulated television service in connection with the minimum prominence requirements. This prevents manufacturers from monetising the mandated access (e.g., by charging broadcasters for icon placement). The prohibition is absolute, not qualified by reasonableness.

Prohibition on altering audiovisual content - Subsection 130ZZN(4) provides that a manufacturer must not alter content provided by a regulated television service. The Regulations do not expand on this, but it ensures that the device does not compress, overlay ads, watermark, or modify the broadcast signal. This is a content neutral requirement.

Broadcasters’ rights - The Regulations effectively grant a right to prominence for certain services. A provider of a regulated television service can demand compliance by manufacturers (indirectly through ACMA or by seeking an injunction or civil penalty order). However, the Regulations do not create a private right of action for broadcasters; enforcement is through the public civil penalty regime.

User rights - The Regulations do not confer any enforceable rights on end users. Users are the beneficiaries of the mandate only incidentally. The device must default to showing broadcast apps prominently, but users can typically rearrange icons, delete apps, or install others. The Regulations do not restrict user customisation, but the initial state is fixed.

Minister’s power to prescribe services - Section 130ZZJ(2) allows the Minister to prescribe additional broadcasting video on demand services and additional television broadcasting services (including community services) by legislative instrument. This power is not subject to a merits review mechanism in the Regulations, meaning the Minister can expand the list without parliamentary scrutiny of the substance (though disallowance still applies). This introduces regulatory risk for manufacturers, who must monitor new instruments.

No duty to ensure quality of service - The Regulations are silent on the quality, reliability or content of the broadcasters’ services. If a broadcast service’s app crashes, is slow, or lacks features, the manufacturer is not obligated to improve it. The duty only relates to prominence, not performance.

The Regulations themselves do not set penalty amounts. Instead, they operate by reference to civil penalty provisions in the Broadcasting Services Act. Section 130ZZN of the Act creates the primary obligations: subsection (1) prohibits supply of a non-complying device; subsection (2) requires reasonable steps to ensure continuing compliance; subsection (3) prohibits charging a fee for compliance; subsection (4) prohibits altering content. Each of these is a civil penalty provision under Part 5 of the Regulatory Powers (Standard Provisions) Act 2014, as applied by the Broadcasting Services Act.

The maximum penalty for a body corporate for contravention of a civil penalty provision is set by section 205B of the Broadcasting Services Act. For a corporation, the maximum penalty is 10,000 penalty units for each contravention. As at 2024, one penalty unit is $313, so the maximum is $3.13 million per contravention. For an individual, it is 2,000 penalty units ($626,000). Courts can also order remediation, injunctions, or other relief.

Enforcement is through civil proceedings initiated by the ACMA or the Minister in the Federal Court. The court must apply the balance of probabilities standard. Because the obligations are strict as to the supply prohibition, the manufacturer’s state of mind is generally irrelevant for liability, though it may be relevant to the penalty amount.

The Act also provides for infringement notices (penalty notices) as an alternative to court proceedings for minor or first offences. The ACMA may issue an infringement notice with a penalty of 60 penalty units for a corporation ($18,780) or 12 penalty units for an individual ($3,756). The recipient can pay the notice to avoid court action, but can also contest it.

There is no criminal liability for breach of the minimum prominence requirements. The regime is purely civil. However, if a manufacturer knowingly makes false statements about compliance (e.g., in supplier declarations), other offences under the Criminal Code (such as false or misleading statements) could apply.

The Regulations contain no defences, exceptions, or grandfathering provisions for devices in transit or already manufactured before commencement. The commencement date is 17 December 2024 (the day after registration on 12 December 2024). Any device supplied on or after that date must comply. This means manufacturers had effectively less than a week to modify production and supply chains (which is impossible for hardware). In practice, enforcement agencies might use discretion not to pursue contraventions that result from unavoidable lead times, but the regulations do not carve out such a transition period. This is a serious gotcha.

The penalty for failing to take reasonable steps to maintain compliance post-supply is particularly open-ended. If a manufacturer stops providing software updates for a device two years after sale, and a new BVOD app appears that should be prominent, the manufacturer may be liable for failing to take reasonable steps even though the device is no longer supported. This could chill the practice of discontinuing support for older hardware.

The Regulations are made under the Broadcasting Services Act 1992 and operate within its statutory scheme. They do not create independent obligations; they prescribe requirements that trigger the Act’s civil penalty provisions. Therefore, they must be read together with Division 10 of Part 9A of the Act (sections 130ZZI to 130ZZO).

The Competition and Consumer Act 2010 may interact. The requirement to give prominence to broadcasters’ apps could be seen as an anti-competitive mandated access regime that advantages incumbents over new streaming entrants or over non-broadcast media services. However, the Regulations do not contain any exemption from competition law, so manufacturers could still face legal action from rival services if they claim the mandate creates a barrier to competition. The Australian Competition and Consumer Commission might investigate if the Regulations substantially lessen competition, but the Regulations themselves are a government instrument that may be immune from Part IV if specifically authorised. Section 51 of the Competition and Consumer Act (if applicable) provides an exemption for acts specifically authorised by legislation.

The Telecommunications Act 1997 defines “listed carriage service”, which is a concept used in the definition of regulated television device. The Regulations rely on that definition to determine scope. Devices that use a listed carriage service (e.g., internet connection) to access audiovisual content are captured. This means devices that only store content locally (e.g., a DVD player) are not regulated.

The Broadcasting Services (Technical Standards) Register governs logical channel numbers. The Regulations incorporate LCNs by reference for identification of free-to-air services. Any change to the register would automatically affect compliance obligations without amendment to the Regulations.

Copyright Act 1968 may be relevant if the EPG data or program synopses constitute copyright material. The Regulations require that the EPG “accurately display” information supplied by broadcasters. This does not grant a compulsory licence; manufacturers must obtain permission to use EPG data, which broadcasters might license. If a broadcaster refuses to supply data or demands a fee, the manufacturer cannot claim the Regulations override copyright. The practical effect is that manufacturers may need to negotiate with broadcasters for data feeds, creating a potential bottleneck.

Privacy laws are indirectly relevant. The EPG requirements mean the device must store schedule data. The Regulations do not require personal information collection, but if the device uses an internet connection to fetch EPG updates, it may generate metadata about viewing habits. The Privacy Act 1988 applies to entities with a turnover over $3 million, which many manufacturers will be.

State and territory fair trading laws - The Regulations may conflict with consumer guarantees under the Australian Consumer Law if a device’s UI is degraded by mandatory prominence (e.g., if it makes the interface less intuitive). A consumer could argue the device is not of acceptable quality due to forced clutter. The ACL and the Regulations would be read together; a court would need to balance the statutory mandate against consumer rights.

International trade law - The Regulations are a technical regulation that could affect imported devices. They are not discriminatory on their face (apply to all devices supplied in Australia) but could be seen as a barrier to trade if they require redesign of global user interfaces. Australia’s obligations under the WTO Technical Barriers to Trade Agreement require that regulations not create unnecessary obstacles to trade. Foreign manufacturers may argue the prominence requirements are more trade-restrictive than necessary to achieve the objective of promoting access to local content.

The Regulations were made on 12 December 2024 and registered on the Federal Register of Legislation on 13 December 2024. They commenced on 17 December 2024 (the day after registration). This is the original and only version to date.

The instrument was made by the Governor-General on the advice of the Federal Executive Council, with the Minister for Communications (Michelle Rowland) as the responsible minister. The authority cited is the Broadcasting Services Act 1992, specifically section 130ZZO, which provides that the regulations may prescribe matters required or permitted by the Act or necessary or convenient for carrying out or giving effect to the Act.

There have been no amendments as at the time of writing. The Regulations are relatively new (effective less than two weeks before the end of 2024). Future amendments could include: expanding the list of prescribed services under section 130ZZJ(2) (which would require a separate legislative instrument, not amendment to the Regulations); adjustments to the technical requirements (e.g., adding provisions about accessibility for persons with disabilities); or clarifications of ambiguous terms like “similar size and shape”. The Minister could also revoke or amend the Regulations at any time by further legislative instrument, subject to disallowance by either House of Parliament.

The Explanatory Statement accompanying the Regulations would have outlined the policy rationale, but that document is not provided here. Given the regulations are made under a provision inserted by the Broadcasting Services Amendment (Minimum Prominence for Australian Free-to-Air Broadcasters) Act 2024, the primary legislative history is that amending Act. Any future amendments to the parent Act would affect the Regulations.

There is no sunset clause. The Regulations continue indefinitely unless repealed.

As at the time of writing (late 2024 / early 2025), there have been no reported court cases concerning the Regulations or the underlying Act provisions (section 130ZZN etc.). The instrument is too recent for litigation to have arisen, though challenges are possible.

Potential grounds for legal challenge by a manufacturer include:

• Constitutional challenge under section 51(xxxi) (acquisition of property on just terms) - The Regulations may be argued to acquire property (the device manufacturer’s right to control its own user interface, and the economic value of that control) on other than just terms. The requirement to give away prominent screen space to broadcasters without compensation (and the prohibition on charging fees) effectively transfers a valuable asset from the manufacturer to the broadcaster. The High Court has held that regulatory burdens that go beyond ordinary adjustments of rights and impose a disproportionate benefit on a third party may constitute an acquisition. However, the Commonwealth would argue that the manufacturer retains ownership of the device and the UI, and that the obligation is merely a condition on supply, akin to must-carry rules for cable operators. No prior Australian authority directly addresses mandatory interface prominence.

• Constitutional challenge under section 92 (freedom of interstate trade) - The Regulations apply to devices supplied in Australia, but they burden interstate trade (e.g., a manufacturer in Victoria supplying devices to New South Wales). The compliance costs could be argued to be discriminatory or protectionist in effect because they favour domestic broadcasters over foreign streaming services. Section 92 prohibits discriminatory burdens of a protectionist kind. A state manufacturer might argue that the regulations protect the free-to-air industry from competition from unregulated services.

• Administrative law challenge - The Regulations could be challenged as beyond the scope of the regulation-making power in section 130ZZO, which allows regulations “prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act”. The Act itself provides for minimum prominence requirements (section 130ZZO says the regulations may prescribe such requirements). But a challenge might argue that the specific requirements in the Regulations go beyond what is necessary or convenient - for example, requiring seven-day EPG data accuracy is not “minimum” prominence but an onerous data management obligation. Courts give broad deference to delegated legislation, but the challenge is not frivolous.

• EU or WTO dispute - If a foreign manufacturer (e.g., from the EU, US, South Korea) challenges the regulations as a barrier to trade, that would occur in international tribunals, not Australian courts. Such challenges could take years.

Until litigation proceeds, the boundaries of “minimum prominence” and “reasonable steps” remain untested. The absence of case law creates significant uncertainty for manufacturers designing compliance programs.

Transition period effectively zero - The Regulations were registered on 13 December 2024 and commenced on 17 December 2024. A manufacturer that had products already in transit or assembled to a different UI design on that date could not practically modify them. No transitional provisions, savings, or grace period exist in the Regulations. The Act does not provide one either. In practice, enforcers may not pursue unintended non-compliance for the first few weeks, but there is no legal protection.

“Similar size and shape” is undefined - Section 6(3)(d) requires BVOD applications to be of “a similar size and shape” to other streaming applications. Does similar mean identical? Proportional? What if all other apps are rectangular and one is square? Does similar require the same icon dimensions in pixels, or is it relative to screen resolution? The lack of a quantitative standard invites disputes. A manufacturer could be penalised for a design choice that a court later judges not similar enough.

“Same area” of the primary user interface - Section 6(3)(e) requires the BVOD application to be located in “the same area” as other applications. If the UI has multiple areas (e.g., a row of “featured” apps and a grid of “all apps”), which is the reference area? The Regulations do not specify. A manufacturer might place BVOD apps in a scrolling list that also contains other apps, but if they are separated from the main grid, that could breach the obligation. The safest interpretation is that BVOD apps must be intermingled with non-broadcast apps in a common area.

No grandfathering for devices already on the market - The Regulations apply to devices supplied after commencement. “Supply” includes sale, lease, hire, or other disposition. A device manufactured in November 2024 but sold on 18 December 2024 must comply. Retailers could be affected if they supply stock assembled to an older UI. Manufacturers might need to recall or update firmware on units in the distribution chain.

Cost of EPG data accuracy - Section 7(3)(e) requires the EPG to “accurately display” seven days of program schedule information for each regulated free-to-air service. Broadcasters may not provide structured, timely, and accurate EPG data to all device manufacturers. The manufacturer must either ingest the data from a third-party provider or require each broadcaster to supply a feed. If a broadcaster’s data is missing or erroneous, the device fails to comply through no fault of the manufacturer. There is no defence that the manufacturer relied on broadcaster-supplied data. Manufacturers would need contractual assurances from broadcasters, which may be difficult to obtain without payment (which the manufacturer cannot then recover from the broadcaster due to the fee prohibition in subsection 130ZZN(3)).

The “immediately after” requirement - The EPG must show the program that will be broadcast “immediately after” the live program. If a broadcaster has a split-second blackout or changes program timing without notice, the EPG display could be inaccurate at a given moment. The Regulations do not impose a tolerance or grace period for data updates.

Devices without internet connectivity - Some regulated television devices may lack internet (e.g., a simple digital TV receiver). Section 6(2)(b) requires BVOD apps to be updateable via the internet. If the device never connects, the pre-installed app may become obsolete, but the requirement to “be able to be updated” might be satisfied if the device has the capability (even if never used). The obligation is on the manufacturer to design the update mechanism; if a user chooses not to connect, that is not the manufacturer’s fault, provided the manufacturer made updates available.

Remote firmware updates as an ongoing duty - The “reasonable steps” obligation in the Act does not have a time limit. A manufacturer who stops providing updates for a five-year-old device may be held to have taken unreasonable steps if a new broadcast service appears that must be prominenced. This could force manufacturers to support devices far longer than commercially sensible, increasing e-waste as unsupported devices become non-compliant.

No exemption for user customisation - If a user deletes or moves a BVOD app after purchase, the device no longer complies with the supply requirement? The duty is on the manufacturer at supply and for ongoing compliance by means of reasonable steps. It is not the manufacturer’s duty to prevent user modifications. However, if the manufacturer’s software allows the user to permanently remove the app (e.g., uninstall), and the manufacturer does not restore it via update, that could be a failure to take reasonable steps. Manufacturers must ensure that the app cannot be permanently removed, or they must push an update that reinstates it. This limits user autonomy.

Penalty for fee prohibition - The prohibition on charging fees for compliance (subsection 130ZZN(3)) may catch manufacturers who try to recoup costs via a general increase in device prices. That is not a fee “in connection with” compliance; a general price increase is not specific to the broadcasters. However, if a manufacturer charged broadcasters for a dedicated support line or faster integration, that would be prohibited. The prohibition does not prevent manufacturers from charging consumers for the device.

A manufacturer of regulated television devices must implement a compliance program that covers both design and ongoing management.

Step 1: Identify whether the device is regulated. Determine if the device is a “regulated television device” as defined in the Act. This includes any device that is marketed primarily for receiving and displaying television programs, or for accessing audiovisual content via a listed carriage service, and is of a kind prescribed. Most smart TVs, streaming sticks (Google Chromecast, Roku, Apple TV), and possibly some gaming consoles that offer live TV or BVOD apps will be captured. Devices without any television-related functionality (e.g., a digital photo frame) are unlikely to be regulated.

Step 2: Identify which regulated television services apply. Obtain a current list of services under section 130ZZJ(1) and any prescribed under subsection (2). As at 2024, the mandatory BVOD services are ABC iview, SBS On Demand, 7plus, 9Now, and 10 Play. The mandatory free-to-air linear services are ABC TV, ABC TV Plus, ABC Kids, SBS, SBS HD, SBS Viceland, and each commercial service (7, 9, 10) and community services where transmitted in the licence area. The Minister may prescribe more later; manufacturers must monitor the Federal Register of Legislation for new instruments.

Step 3: Ensure pre-installation and update capability. For BVOD apps, ensure they are either pre-installed on the device’s firmware before supply, or that the device will automatically install them upon first internet connection (e.g., via a setup wizard that downloads a prescribed app list). The device must be capable of receiving and installing updates from the broadcast service provider (or its authorised agent) whenever the provider makes an update available. This requires an update mechanism (e.g., an app store or direct download) that works without user intervention.

Step 4: Design the primary user interface. The home screen must display each BVOD app in a way that matches the prominence of other streaming apps (Netflix, Stan, Disney+ etc.). Specifically: the app’s icon must be visible without scrolling, swiping, or clicking through menus (other than turning on the device and accessing the home screen). The icon must be of a similar size and shape - typically a rectangular thumbnail of equal proportions. The icon must be located in the same area or row as the other streaming apps, not relegated to a separate “broadcast apps” folder unless all streaming apps are also in folders. The safest approach is to place BVOD apps alongside the major subscription video-on-demand services in a primary row.

Step 5: Implement linear TV access for devices with a tuner. If the device includes a DVB-T2 tuner (or equivalent), it must support logical channel numbers (LCNs). The user must be able to access ABC, SBS, commercial, and community (where applicable) by entering the LCN or by navigating a channel list. Each service must have a single icon on the home screen (or in a prominent list) that is similar in size/shape to other streaming apps. The icon must be visible without extra action. This effectively forces a “live TV” tile that opens a tuner mode.

Step 6: Provide an electronic program guide (if present). If the device has an EPG feature (likely necessary for a smart TV with a tuner), the EPG must: be readily accessible (e.g., one button press on remote); list all regulated free-to-air services using their LCNs; allow a user to select a current program to watch the live broadcast; and display accurate schedule data - program name, start/end times, description, and classification - for the next seven days. The manufacturer must obtain this data from broadcasters or an aggregator. The data must be updated frequently enough to reflect schedule changes within a reasonable time. Advertising and sponsorship only programs are excluded from the live viewing and schedule accuracy requirements.

Step 7: Maintain compliance after supply. The manufacturer must take reasonable steps to ensure that devices already in the field continue to comply. This means: monitoring for new broadcast services that are prescribed and pushing updates to add them; ensuring that firmware updates do not inadvertently downgrade prominence; and if a broadcaster updates its app, ensuring the device can install the new version. The manufacturer should document its ongoing compliance processes (e.g., a policy of providing software updates for at least three years from supply). If a device cannot be updated (e.g., obsolete hardware), the manufacturer may need to discontinue sales of that model or accept the risk of non-compliance.

Step 8: Do not charge fees for compliance. The manufacturer must not demand payment from broadcasters in exchange for placing or maintaining their apps. This includes not charging for app curation, for premium placement, or for technical integration. Incidental costs borne by the manufacturer (e.g., bandwidth for app downloads) cannot be passed back.

Step 9: Do not alter audiovisual content. The device must not modify or overlay the broadcast stream or the BVOD content. This includes no picture-in-picture ads, no watermarking, no skipping, and no insertion of manufacturer branding.

Step 10: Maintain records and audit readiness. Manufacturers should keep records of the UI design specifications, software versions, update logs, and correspondence with broadcasters to demonstrate compliance. This will be essential if ACMA issues a civil penalty notice or if a broadcaster complains. Regular internal audits should be conducted, especially when the Minister prescribes a new service.

Given the ambiguity in “similar size and shape”, manufacturers should adopt a conservative interpretation: exactly the same grid dimensions (e.g., 100x100 pixels) and the same row/column spacing as the most prominent non-broadcast apps. Any deviation should be documented with a legal rationale.

The best practical strategy is to design the UI so that the first row of icons after the device logo or input selection consists of all streaming apps (BVOD and others) in a consistent grid, and for tuner-equipped devices, include a “Live TV” tile in that row that opens the LCN-based channel list or EPG. This likely satisfies both sections 6 and 7. For devices that lack a tuner (streaming sticks), only section 6 applies, but if the device can receive an external tuner via USB or HDMI, the arguable interpretation is that it is “capable of receiving” and therefore section 7 applies - check the device’s design specification carefully.