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- Australia’s anti-siphoning laws give FTA broadcasters first refusal on major events
- Foxtel will compete “aggressively” to retain NRL rights
Australia’s anti-siphoning legislation that gives free-to-air (FTA) broadcasters first refusal on major sports events “makes no sense” in 2026, according to Foxtel Group chief executive Patrick Delany.
Anti-siphoning laws were first introduced in 1992 as a response to the growth of pay-TV platforms like Foxtel and ensure FTA broadcasters must be offered the opportunity to acquire rights to events such as the Olympic Games, Australian national cricket team matches, the Australian Open tennis Grand Slam and every game from the Australian Football League (AFL).
However, Foxtel, which was taken over by sports streamer DAZN last year for US$2.2 billion, has long campaigned for the rules to be relaxed as it seeks to challenge global streaming services like Paramount+ and Amazon Prime Video, both of whom it competes with for rights in Australia.
At the pay-TV network’s annual showcase event in Canberra, Delany told Mediaweek the anti-siphoning laws represented a past framework that is not effective for the modern television landscape.
“We have learned to be innovative and compete anyhow,” Delany said. “And at some stage, the government and the Australian people have got to work out that the laws reflect a media world from 50 years ago.
“And the majority of us are getting our media through digital, not through an aerial. So why is that still a platform through which the whole industry is regulated? Makes no sense.”
Delany also used the event to highlight Foxtel’s commitment to the Australian sporting industry, touting that the company invests more than AUS$1 billion (US$712.4 million) each year in sports rights and production. He insisted that DAZN allows the network to scale up its technology, while giving local executives the final say on creative and commercial decision-making.
“They leave us to do what we do best, which is to know Australian audiences and subscribers, to invest in Australian content, and to continue to grow the company,” he said.
“The other part is, technology is a global thing now. So, knowledge of technology, the way in which it’s developed, the way in which AI is developing, all of those things are very big investments, and for a little Australian company to do it alone always is going to be a challenge.”
“So, it’s good to be part of the DAZN family, especially in technology, we jump on the back of global deals now. We don’t have to worry about that. We only have to worry about entertaining Australia.”
Delany went out to suggest he envisions Foxtel’s sports streaming platform Kayo Sports to eventually provide fans with personalised user experiences and content, with artificial intelligence (AI) to help shape content strategies.
Foxtel’s sports rights portfolio is among the biggest in Australia, as it holds rights to the AFL and Australian cricket on long-term deals. It is next expected to negotiate a new broadcast deal for the National Rugby League (NRL), with the current contract expiring at the end of 2027.
Though Delany did not comment on how talks have panned out so far, he noted Foxtel “love the NRL” and “intend to compete very, very aggressively to keep those rights.”
It comes as the company confirmed it will raise the price to Kayo’s premium subscription tier, which grants users simultaneous streaming on two devices and 4K broadcasts, by AUS$6 (US$4.27) to AUS$45.99 (US$32.77) per month. Its standard tier price point is to remain at AUS$29.99 (US$21.37) per month.
“If you think back to 2005, sport was AUS$50 a month on Foxtel,” Delany told Mumbrella. “It’s now less than AUS$50 a month 20 years later – great value for money. There’s nothing like Kayo in the world with 50 sports live.”
SportsPro says…
Much like the UK, Australia’s government laws currently protect events considered to be of significant national interest from being taken behind a paywall. The legislation was enacted at a time when digital television was not as common, with the online streaming not even a consideration.
As one of Australian sport’s biggest backers, Foxtel has long believed it has been unfairly prevented from bidding on some of the country’s biggest sporting events. It argues that it needs relaxed regulation to expand its portfolio and retain subscribers, particularly as more global streamers take an interest in sports rights in the country. For instance, Paramount+ shows most Australian soccer properties, Amazon holds the rights to International Cricket Council (ICC) tournaments and even Disney+ is making more noise by showing American sporting events like Super Bowl LX.
The discussion is nuanced, with some Australian fans of the viewpoint that watching sports through Foxtel or its Kayo Sports platform requires greater technological literacy. Others will point to the rising cost of a subscription to Kayo as pricing them out of watching live sport, lending greater support for FTA broadcasters to keep their first refusal rights.
As platforms multiply, audiences fragment and media rights deals plateau, it’s time to understand what’s really going on in sports media. Join us at SportsPro London this April to learn more.