The Prominence Playbook: the ACMA releases outcomes report following consultation into the new TV prominence framework

In July 2024, the Australian Government passed legislation establishing a new TV prominence framework, designed to ensure that Australian audiences can easily access local free-to-air television services and applications on smart TVs and other internet-connected television devices.

The ACMA is responsible for administering and overseeing the framework. As part of its role, it released a public consultation paper inviting submissions and feedback from interested stakeholders to help determine if, and how, the ACMA would use its powers to oversee and enforce the TV prominence framework. The ACMA received 23 submissions from a range of stakeholders.

There were three key issues on which the ACMA sought public comment:

1. which devices should fall within the scope of a "regulated television service";

2. where on the user interface of a regulated television service (the home screen, landing page or similar) the rules must be met; and

3. how TV services will be deemed to have been "offered" for installation on devices.

The ACMA's outcomes report

On 18 December 2024, the ACMA published the outcomes report of its public consultation seeking views on implementing Australia’s new TV prominence framework. The outcomes report:

• summarises stakeholder submissions;

• provides updates to the ACMA's preliminary views outlined in its public consultation paper; and

• provides further information on the ACMA's work program for 2025.

The ACMA's outcomes report provides updated guidance for stakeholders affected by Australia's new TV prominence framework, ahead of its implementation in January 2026.

The ACMA updates its views on defining a regulated television service

Only those devices within the definition of a "regulated television devices" under the legislation will be subject to the minimum prominence requirements.

In its outcome report, the ACMA confirmed its preliminary view that smart televisions and smart media streaming devices would be considered regulated television devices under the TV prominence framework, whereas mobile phones, tablets, laptops, desk computers and video game consoles would be considered out of scope. The ACMA has also added Blu-ray players and PVRs to the list of devices that are likely out of scope.

However, the ACMA has updated its view on edge cases after considering stakeholder feedback, with device manufacturers and broadcasters offering different views on how smart monitors and smart projectors should be treated under the framework. While the ACMA confirmed its position that smart projectors are likely in scope and would be subject to the minimum prominence requirements, it acknowledged industry concerns that smart projector manufacturers have not been engaged directly in prominence consultations. The ACMA plans to consult directly with these manufacturers to address these concerns.

The ACMA has also revised its opinion on smart monitors given that the viewing of audiovisual content would likely be the primary reason behind a consumer’s decision to purchase a smart monitor over an ordinary computer monitor. Smart monitors are now considered as likely in scope.

On 26 March 2025 the ACMA published standalone guidelines to assist manufacturers in determining whether a device is a regulated television device. First, in relation to the key elements of the definition of "regulated television devices", the ACMA provides the following guidance:

• Domestic reception equipment: the device must be designed for home or residential use.

• Capable of providing access to BVOD services: the device must be capable of connecting to the internet.

• Primary purpose of viewing audiovisual content: if the primary purpose of a device is not self-evident, manufacturers must consider the below factors informing a "primary purpose" assessment.

Second, the ACMA will consider four factors in determining whether a device's "primary purpose" is to facilitate viewing audiovisual content:

• Hardware and form factor: including screen size, screen resolution, types of inputs, connectivity with other devices, bundled peripherals, and the size and portability of the device. Factors which enhance the user's viewing experience or suggest substitutability with traditional television will indicate the device is designed primarily for viewing audiovisual content.

• Software and user experience: including the presentation of the primary user interface, how users navigate the operating system to access relevant device features, what content is pre-installed and the user’s ease of access to audiovisual content.

• Marketing and promotional material: being how the manufacturer and retailer describe the device in external-facing marketing, including descriptions of the device’s technical specification, benefits and advantages over other devices, and the promotion of particular features or uses.

• Supplementary evidence: if primary purpose cannot be determined using the three factors above, supplementary evidence may be used including information about household penetration, purchasing intent or consumer usage data.

Manufacturers are encouraged to review these guidelines to ensure compliance with the TV prominence requirements by the January 2026 deadline.

The ACMA updates its views on defining a primary user interface

Under the TV prominence framework, all regulated television services will be required to be displayed on a device’s "primary user interface". The ACMA's preliminary view was that some scrolling may be permitted in defining the scope of a primary user interface, but that space should not go beyond double the initial screen view.

Stakeholder views on defining a primary user interface were mixed and sparked considerable debate – whereas device manufacturers hoped the framework could accommodate diverse user interface designs without disrupting existing commercial arrangements, broadcasters offered a contrasting view, submitting that the legislation as passed clearly requires manufacturers to display all free-to-air TV apps on the initial interface of a device, without the need for scrolling by the user.

Following consideration of stakeholder submissions, the ACMA determined that these issues would be best resolved as part of the regulations, rather than through the ACMA's discretionary instrument-making powers.

On 16 December 2024, the Broadcasting Services (Minimum Prominence Requirements) Regulations 2024 were registered. They make clear that regulated television services must be visible on the primary user interface without scrolling or any other user interaction, except what is necessary to initially access the interface.

The ACMA maintains its view that as design conventions change and evolve, there may be a need in the future for differing treatment of other regulated television devices due to differences in user interfaces, and will continue to monitor the market.

The ACMA confirms its preliminary views on when a regulated television service is offered

A key requirement under the TV prominence framework is that manufacturers must not supply a regulated television device in Australia if it does not comply with the minimum prominence requirements for a regulated television service that is "offered" by a regulated television service provider.

Broadcasting stakeholders broadly agreed that current industry practices for determining when an application is "offered" to manufacturers are effective and should continue to define when a regulated television service is considered to be offered.

In its outcomes report, the ACMA confirmed its preliminary views as stated in its public consultation paper. The ACMA will continue to engage with stakeholders on the prominence framework, including as to how offer arrangements would operate.

The ACMA's next steps

The ACMA has revised its timeline for implementing the TV prominence framework, now focusing on key areas for 2025. These include:

• Stakeholder engagement: particularly manufacturers of smart projectors and smart monitors, to confirm the scope of regulation and understand how to best support stakeholders in complying with the new rules.

• Regulated television device guidance: the ACMA has built on the views expressed in its outcomes report and released short, standalone guidelines to assist in determining those devices falling in scope of regulated television devices.

• Compliance and enforcement strategy: this will be a significant phase of work including consideration of compliance activities (including a monitoring approach for regulated television devices), priorities, reporting, compliance assessment, investigation processes, enforcement options and industry education.

• Research and data needs: including environmental scanning, user data and market analysis in relation to edge cases and emerging devices.

Updates and continued discussions with stakeholders will continue to be made available via the ACMA website.

Key takeaways

The ACMA's outcomes report highlights the regulator's updated approach to how Australia's new TV prominence framework will be overseen and enforced. In particular, the outcomes report clarifies those devices likely to fall within the scope of the framework, and makes clear that a primary user interface is the initial interface of a device, without the need for scrolling or other action by the user. The ACMA has also released standalone guidelines to assist manufacturers in complying with their obligations under the TV prominence framework.

Relevant stakeholders including broadcasters, device manufacturers, industry groups and streaming services should ensure they understand the ACMA's guidance, continue to keep up to date of any developments, and where applicable, engage with the ACMA on the new TV prominence framework, to ensure they are ready ahead of the framework's implementation in January 2026.