Australian Screen Producers Advocate for Equitable Regulations Against Streaming Platforms

Screen Producers Australia (SPA) has presented a comprehensive 22-point proposal to the Australian government’s National Cultural Policy review, primarily focusing on the considerable influence streaming services wield over independent content creators. The organization contends that the advent of digital streaming has drastically altered commissioning norms, leading to contract conditions that jeopardize the sustained health of small and medium-sized production enterprises. Therefore, SPA is advocating for the integration of a "fairness" mandate within Australian screen production policies, either through a standardized terms-of-trade framework or as a prerequisite for content to be classified as "Australian" under existing domestic regulations.

Matthew Deaner, CEO of SPA, highlighted the urgency of this regulatory need, stating that the organization has exhausted all available avenues, including appealing to the ACCC, to draw the government’s attention to this critical issue. He noted that while similar market pressures are being addressed in other industries through initiatives like the News Media Bargaining Incentive and the ACCC’s Digital Platforms Inquiry Report, SPA seeks a deeper governmental understanding of how these platforms impact independent screen production in Australia. The submission outlines three core principles for commissioning relationships: good faith negotiations, fair remuneration for intellectual property, and transparent data sharing regarding viewership and commercial success. Deaner emphasized that Australian small and medium-sized screen businesses can no longer secure sustainable commissioning contracts under current conditions. While acknowledging progress in local content obligations for streaming platforms, SPA views these as merely initial steps, expressing particular concern over "Offset Passthrough Arrangements" that allow some streamers to dilute their mandated content spend by effectively recovering Producer Offset values from producers.

The submission differentiates between tax incentives, which are considered generous, and the lack of regulatory action on fundamental market imbalances, even involving government-owned broadcasters. SPA, representing over 800 production businesses responsible for more than AUD3 billion in annual independent production, also provided compelling statistics on children's content, noting a drastic decline in new Australian programming on commercial free-to-air television and minimal representation on major SVOD platforms. Additionally, the report highlighted the growth in First Nations screen storytelling and proposed recommendations for an export strategy review, modernized co-production agreements, and the urgent implementation of two previously announced Producer Offset reforms. Deaner concluded that with appropriate policy adjustments that reflect current realities, the Australian screen industry could once again experience a flourishing period of local storytelling.

The advocacy by Australian screen producers for equitable treatment from streaming giants underscores the importance of fostering a balanced and supportive environment for local content creation. By championing fair negotiation practices, transparent data sharing, and proper valuation of intellectual property, the industry seeks to ensure its long-term sustainability and vibrancy. Such initiatives are crucial for cultivating a diverse and rich cultural landscape, enabling independent creators to thrive and continue telling unique Australian stories to audiences worldwide. A robust regulatory framework will not only protect local talent and production houses but also contribute significantly to the national economy and cultural identity.