Australian screen producers say they are “anxiously” awaiting the outcome of the US presidential election to see if this will break the impasse in negotiations around streaming regulation.

Tension surrounding the introduction of local content quotas of 20 per cent were played out at a Senate Estimates Committee discussion this week, when Greens Senator Sarah Hanson-Young suggested the legislation had been “put on ice”.

“I would really like a clear response as to whether you have information or evidence in relation to the impact of the free trade agreement with the US in relation to this piece of legislation or the model that we use you,” she asked Labor Senator Jenny McAllister.

“Is there any truth in the rumour that this legislation has been put on ice because of the US election?”

For more than a decade – a year before the streamers officially arrived in 2014 – there have been discussions about how the policy might interact with Australia’s free trade deal with the US.

Only last month Arts Minister Tony Burke met entertainment industry heavyweights including producers and actors for the annual Screen Stories Long Table Dinner.

But it’s all about timing, and right now it appears to be the worst time to draft a deal.

“The government is undertaking a genuine consultation process and is taking the time to consider views about the best way to support ongoing investment in, and production of, Australian stories,” a spokesperson for the Department of Infrastructure, Transport, Regional Development, Communications and the Arts said in a statement when contacted by The New Daily.

“Consultation is taking longer than we would have liked, but we are determined to get this right,” he said, adding that they’ll aim to introduce legislation “as soon as practicable”.

Following the testy Hanson-Young exchange, advocates for local content rules are pointing the finger at the streaming platforms, accusing them of seeking to “weaponise” the trade deal to block changes.

Screen Producers Association [SPA] boss Matthew Deaner says there was “little doubt that the mostly US-based streaming businesses have been weaponising the AUSFTA [Australian Free Trade Agreement] to delay the promised regulation this year”.

He said screen producers were anxiously awaiting the US election result.

“SPA has been increasingly concerned at reports this year that behind closed doors, the powerful, mainly US-based streaming platforms were arguing that the 2004 AUSFTA meant that the US government has a significant say in how Australia regulates these services,” he said in a statement to TND.

“There’s no doubt in my mind that the unfortunate collision in timing between the US Presidential election and the Australian government timeline for this regulation has been behind the prolonged delay in this legislation coming forward to the Parliament.”

‘A confused mess’

Shadow Arts Minister Paul Fletcher described the whole thing as a
“confused mess”.

He asked why, after two years in office, the Albanese government had still not finalised the details of Labor’s policy, and why no one has had eyes on the legislation.

“The Albanese Labor government’s plan to impose a 20 per cent Australian content spend requirement on streaming-video-on-demand (SVOD) services like Netflix and Stan has been a confused mess for over two years,” he said, in a statement provided by his office to TND. 

“This situation raises many obvious questions.

“Why did the then Shadow Minister for the Arts rush in and make this commitment from opposition, without bothering to check whether it was consistent with policy settings for free to air and subscription television, and whether it would be consistent with Australia’s obligations under the US Australia Free Trade Agreement?” he asked.

Bryan Brown starred in Trent Dalton’s massive Netflix hit, Boy Swallows Universe, in January. Photo: Netflix

‘Make local stuff’

At the Long Table dinner on October 8, veteran Australia actor Bryan Brown met Burke, screen industry leaders and producers from production companies including Roadshow Films and Fremantle Australia.

Deaner said on the night the local screen industry was “at a crossroads”.

“We celebrate the success of global productions filming here, but we must never lose sight of the vital need to prioritise our local stories.

“Australian stories reflect who we are as a nation and must be safeguarded through smart regulation. It’s not just about economic benefit – it’s about our cultural identity.”

It was only on July 12 last year when Brown told the National Press Club much the same thing, that the push to regulate streaming giants was nothing less than a fight for Australian culture.

“There’s a new game on the block for our industry: Streaming.

“Australian audiences are loving streamers, and a few billion dollars in revenue is handed over by us each year to the streaming companies.

“We need some of that revenue put back into Australian stories.

“And I mean Australian stories. Not stories filmed in Australia with American accents. That’s a cultural death.”