What is a subscription video on demand (SVOD) service?
Under part 8C of the Broadcasting Services Act, you are the provider of an SVOD if:
- you provide an online content service that delivers content to the public in Australia via an internet carriage service to end-users
- your online content service has paying subscribers in Australia
- your online content service provides a catalogue of audiovisual content that is available on demand through the service to those paying subscribers
- providing audiovisual content on demand is a primary or significant purpose of the service.
What is a regulated and major SVOD?
The Australian content expenditure requirement applies to any provider of a regulated SVOD service (regulated SVOD).
You are considered a provider of a regulated SVOD if, at any time during an SVOD reporting year, your service is a major SVOD service (major SVOD).
A major SVOD:
- meets the Act’s definition of an SVOD service
- provides audiovisual content that is likely to appeal to the public, or a section of the public, in Australia and consists of some eligible programs (this is called the program test)
- has at least one million paying subscribers in Australia.
Once an SVOD service meets the criteria of a regulated SVOD, it must continue to acquit its expenditure requirement and report to the ACMA, even if the service drops below 1 million paying subscribers.
Providers of regulated SVODs must continue to report to the ACMA on how their expenditure requirement is being met until they have either:
- no expenditure requirement for any SVOD reporting year
- wholly acquitted their expenditure requirement for any SVOD reporting year (that is, they have no expenditure shortfall that is outstanding).
Who must notify the ACMA?
SVODs with at least 250,000 paying subscribers in Australia must notify us about certain information outlined in sections 121FZQ and 121FZR of the Act. This requirement does not apply to SVODs that do not have at least 250,000 paying subscribers.
Which online content services are excluded services?
Providers of certain online content services do not need to comply with part 8C of the Act. Providers are excluded if their service:
- predominantly offers user-generated audiovisual content (for example, YouTube videos)
- has limited appeal to the public in Australia because its content is either:
- targeted to specific interest groups
- intended only for limited locations (for example, arenas or business premises)
- provided during a limited period or to cover a special event
- predominantly providing programs of limited appeal.
If you are unsure if your service is excluded, you should make a notification to us to receive advice.
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Example of when an SVOD is excluded Nowhere Provider Pty Ltd provides a catalogue of audiovisual programs to Australians. The programs it provides are almost exclusively one type and are directly targeted to attendees at a gaming conference. Nowhere Provider Pty Ltd is trying to figure out if it is an excluded service. Nowhere Provider Pty Ltd notifies us by submitting a Form SV01. In that form it sets out the reason why it should be classified as excluded, stating that its service is intended only to cover gaming conferences. The ACMA agrees with the notification and informs Nowhere Provider Pty Ltd that it is excluded from the Australian content requirement. |
What is a paying subscriber?
A paying subscriber is anyone who:
- pays a subscription fee to use an SVOD (whether it be an annual subscription, monthly payments or other type of payment)
- activates a subscription for an SVOD when it is provided as part of a bundle of services for which a fee is paid
- activates a subscription for an SVOD when it is provided at no cost as part of a promotion for another product or service (for example, a particular telecommunications provider)
- activates a subscription for an SVOD as part of a free trial period.
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.