The television prominence framework has come into effect in Australia. Under the rules, all new smart televisions and media streaming devices that are sold in Australia must meet minimum prominence requirements. This includes pre-installing and prominently displaying the apps of free-to-air broadcasters on the home screen of the product.
The minimum prominence requirements are set out in regulations that will be overseen by the Australian Communications and Media Authority. The rules require manufacturers of eligible devices to pre-install certain Australian apps and to make them clearly visible on the device home screen without any user interaction, including scrolling or clicking. The specified apps are ABC iview, SBS On Demand, 7plus, 9Now, and 10.
The images for apps must be a similar size and shape and appear in the same location as other pre-installed streaming apps.
Devices that can receive a television signal must also have a live TV icon visible on the device home screen, and free-to-air channels must appear in logical channel number order.
The minimum prominence requirements apply to regulated television devices. The legislation defines these as domestic reception equipment that is designed for viewing audiovisual content, capable of connecting to the internet and providing access to broadcasting video-on-demand services.
These include: smart televisions, media streaming devices, certain smart projectors and smart monitors.
The prominence framework imposes obligations on the manufacturer of the device, irrespective of the use of any third-party arrangements or licenced software.
Manufacturers must take reasonable steps to ensure that the device continues to comply with minimum prominence requirements from the time it is supplied, until either a user customises the device home screen to delete, remove or reorder the broadcasting video-on-demand app or apps, the device software is no longer provided, supported or updated, or a broadcasting video-on-demand app is no longer provided.
The rules only apply to device manufacturers. Retailers and wholesalers will not be penalised for selling non-compliant devices in Australia.
Breach of the minimum prominence requirements is a civil penalty provision under the Broadcasting Services Act 1992, which can attract penalties of up to 10,000 penalty units or 2% of annual turnover.