To meet the Australian content expenditure requirement in part 8C of the Broadcasting Services Act, regulated subscription video on demand services (SVODs) must spend on eligible programs that are also Australian programs.
Understanding both terms is important when calculating and reporting to the ACMA on total program expenditure and qualifying expenditure amounts used to acquit the Australian content expenditure requirement.
What is an eligible program?
- Drama programs: These are programs that have a narrative structure. This includes scripted or partially scripted programs and programs based on actors delivering improvised dialogues based on script outlines. An example of a drama program may be a scripted comedy series.
- Children’s programs: These are any programs produced for children 15 years of age and younger.
- Documentaries: These are programs, other than ineligible programs, that depict actual, contemporary events, people or situations in a creative, dramatic or entertaining way. An example of an eligible program in this category may be a true crime documentary or a documentary dealing with sport as the subject matter.
- Arts programs: These are programs in which the subject matter wholly or substantially comprises material relating to the visual arts, design, literature or performing arts or music. They do not include music video clips but may include live recordings of ballet, orchestra, opera or theatre performances.
- Education programs: These are programs that have the dominant purpose of assisting a person in education or learning. It is defined as having the same meaning as in schedule 6 of the Act.
Further details on the definitions are contained in section 121FU of the Act and the Broadcasting Services (Australian Content and Children’s Television) Standards 2020 (the standards).
When calculating the total program expenditure for Australia in an SVOD reporting year (calendar year), SVODs must count expenditure on eligible programs provided, or intended to be provided, to Australian paying subscribers, including Australian and non-Australian programs.
Contact the ACMA for guidance if you are unsure if certain programs on your service are eligible programs.
What is an eligible Australian program?
To acquit the Australian content expenditure requirement, SVODs must spend money on eligible Australian programs.
To be considered an eligible Australian program, the program must be an eligible program as defined in part 8C of the Act.
It must also be one of the following:
- an Australian program
- a New Zealand program
- an Australian/New Zealand program
- an Australian official co-production, with is made under formal arrangements between the Australian Government and the governments of various countries as defined in the standards.
How to demonstrate that a program is an Australian program
The definition of an Australian program is well-established in the standards. It sets out an objective test for what can and cannot count as an Australian program.
The objective test focuses on whether the program has been produced under the creative control of Australians. For a program to count as an Australian program:
- the producer(s) of the program must be Australian, regardless of whether the program has been produced with a co-producer or an executive producer who is not an Australian
- either the director(s) or the writer(s) of the program must be Australian
- at least half of the leading actors in the program, including voice actors and on-screen presenters, must be Australian
- it must be produced and post-produced in Australia, regardless of being filmed in or outside of Australia.
Additional requirements
- For drama programs, at least 75% of the major supporting cast appearing in the program must be Australian.
- For animated programs, at least 3 of the following contributors must be Australian:
- production designer
- character designer
- supervising layout artist
- supervising storyboard artist
- key background artist.
What programs are ineligible?
Ineligible programs cannot be used to meet the Australian content expenditure requirements and should not be included when an SVOD is calculating total program expenditure or qualifying expenditure amounts.
Types of ineligible programs are:
- news programs (for example, nightly news bulletins)
- sports programs (for example, coverage of live sporting events, sports analysis programs and panel discussion programs)
- advertising or sponsorship matter
- reality programs (for example, unscripted dating programs and survivalist programs)
- magazine and variety style programs (for example, programs that cover a range of human-interest stories or profiles of individuals)
- infotainment and light entertainment (for example, quiz shows).
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Example of ineligible program Everywhere Provider Pty Ltd provides eligible programs to paying subscribers in Australia. It also spends money acquiring the exclusive rights to broadcast a popular Australian sport. As part of its commercial deal with the governing sports body, Everywhere Provider Pty Ltd agrees to commission several panel shows discussing the results of each week’s matches. Because sports programs are ineligible programs, Everywhere Provider Pty Ltd cannot include the cost of acquiring the sports rights, or the cost of commissioning panel shows, as part of its total program expenditure. It also cannot include these costs as part of its qualifying expenditure. |
More information
If you have any questions, please email svodauscontent@acma.gov.au.
- This information is accurate as of February 2026.
- It may be updated as content requirements are implemented.
- This is not legal advice.
- SVODs should seek their own advice about their obligations under the Broadcasting Services Act.
- The term ‘SVOD’ refers to providers of subscription video on demand services.