
Streaming Content Rules 2026: What They Mean for Your Screen Business
A Fiscal Artisans briefing for Australian Film, TV and Screen Creatives
Stuart Smith
Director – Fiscal Artisans
1. Why this matters
From 1 January 2026, the major streaming platforms operating in Australia will be legally required to spend a minimum amount each year on new Australian content. For producers, writers, directors and service businesses in the screen sector, this turns what was previously a discretionary budget line
into an ongoing, regulated demand for Australian stories.
At Fiscal Artisans we look at this through a financial and strategic lens: how large is the spend, who controls it, and how can you position your projects and business to capture a share of it.
2. The new rules in plain English
The Communications Legislation Amendment (Australian Content Requirement for Subscription
Video On Demand (Streaming) Services) Bill requires any “major” streaming service to invest each year in new Australian programs.
In practice, a service is in scope if it:
- Has at least 1 million paying subscribers in Australia; and
- Offers content in the eligible genres – drama, children’s programs, documentaries, arts or educational programs.
Each in-scope service must spend, per year, on new eligible Australian programs:
- At least 10% of its total Australian program expenditure; or
- At least 7.5% of its Australian-sourced revenue.
Only spending on the eligible genres counts. Spending on sport, news, current affairs and advertising does not count.
Most reality and light entertainment formats are also outside the net unless ACMA specifically treats them as arts or educational programming.
For clarity, the requirement applies to money spent on new Australian productions or official co-productions – not to simply re-labelling existing library content.
3. Who is captured – and where Foxtel sits
Based on current market data and the Government’s own analysis, the services expected to qualify as “major SVODs” include:
- Netflix
- Amazon Prime Video
- Disney+
- Stan
- Paramount+
- Apple TV+
- Binge (Foxtel Group)
Other services such as HBO Max may join this list as they grow their Australian subscriber base.
Foxtel is a special case because it operates both traditional subscription TV and streaming brands:
- Foxtel’s linear pay-TV drama channels are already subject to a separate
New Eligible Drama Expenditure (NEDE) obligation. Those rules require at least 10% of drama-channel program expenditure to be invested in new Australian drama. - Binge, Foxtel’s general entertainment streaming platform, is treated as a separate SVOD service and is expected to fall directly under the new 7.5–10% streaming obligation.
- Foxtel Go, which simply mirrors the main Foxtel channel line-up, is identified in the Parliamentary material as the type of service ACMA can exempt, because the underlying broadcast service already has content rules.
- Kayo Sports has more than 1 million subscribers, but its spend is almost entirely on sport – and sport is explicitly excluded from the new quota. Any obligations for a service like Kayo would need to be met via non-sport content, or ACMA may treat it as a special case.
The practical outcome is that Foxtel Group will continue to invest in Australian drama and factual content via both the existing NEDE regime and Binge’s new streaming obligation, while sports-heavy offerings remain outside the eligible spending bucket.
4. How big is the spending “floor”?
ACMA’s latest data indicates that the major streamers already spend several hundred million dollars per year on Australian and Australian-related content. Within that, the Government’s modelling for the new law expects the obligation to translate into approximately $175–$200 million per year in spending on new, eligible Australian programs – specifically adult drama, children’s content and documentaries, plus smaller amounts in arts and educational programming.
Importantly, this $175–$200 million is not a cap; it is a conservative estimate of the combined minimum spend across the major SVODs. Current actual spending on Australian drama, children’s content and documentaries by streamers is already in that range. The law’s role is to:
- Lock in a floor under that investment; and
- Tie it proportionally to future growth in Australian streaming revenue.
If we take a mid-point of around $190 million per year and distribute it roughly by subscription share across Netflix, Prime Video, Disney+, Stan, Paramount+ and Binge, an indicative set of annual “eligible content envelopes” might look like:
- Netflix: approximately $55–60m
- Amazon Prime: approximately $45–50m
- Disney+: approximately $30m
- Stan: approximately $20–25m
- Paramount+: approximately $15–20m
- Binge (Foxtel): approximately $10–15m
These are modelling numbers only – not official quotas – but they give a realistic sense of scale for how much each platform is likely to allocate annually to eligible Australian projects.
5. Where the money actually lands – genre mix
Not all genres are equal under the new rules. Sport, news, current affairs and most reality formats are outside the net. Within the eligible bucket, ACMA and Screen Australia data show that adult drama dominates current Australian spending, with smaller but meaningful investment in children’s content and factual/documentary programs.
As a working rule of thumb for the eligible spend:
- 60–70% is likely to flow into drama (series, telemovies, features, high-end narrative comedy)
- 10–15% into children’s content (drama and factual)
- 15–20% into documentary and factual programming
- 5–10% into arts and educational content
For creative businesses, this means that scripted drama remains the primary vehicle for absorbing the new spending floor, but there are stable, repeatable opportunities in children’s and documentary work as well, particularly when they align with each platform’s brand and audience strategy.
6. What this means for your screen business
From a Fiscal Artisan’s perspective, there are several practical implications for producers, creatives and service providers:
1. A more predictable pipeline of premium commissions
The obligation runs on a rolling multi-year basis, with carry-forward and carry-back provisions. Platforms can smooth their spending over three-year windows, but they cannot walk away from Australian content entirely.
This gives you a more stable base of demand to plan against – for talent, overheads, studio space and post-production capacity.
2. Higher value placed on clearly eligible projects
Projects that unambiguously qualify as new Australian drama, children’s programming or documentaries are strategically valuable to streamers, because they help them hit their regulated spend.
Conversely, projects that sit in grey areas (reality formats, light entertainment, hybrid factual) may be harder to justify unless they are exceptional brand fits.
3. Continued importance of co-productions and offsets
The new rules sit on top of existing tax offsets and Screen Australia/state funding. A well-structured finance plan will blend quota-driven streamer money with Producer Offset, Location Offset and agency support.
For many larger projects, the Australian quota spend becomes one pillar in a broader, multi-market finance stack.
4. Foxtel Group as an ongoing commissioning centre
Between Foxtel’s NEDE-driven drama obligations and Binge’s streaming requirement, the group has strong incentives to carry a viable slate of Australian drama and factual titles across linear and on-demand platforms.
This underpins opportunities not just for high-profile flagship series, but also for returning series, docu-series and related factual content.
In short, the legislation does not guarantee any single project, but it does create a regulated pool of spend that must land somewhere in the Australian screen ecosystem each year. Your job is to position your business and your slate so that “somewhere” is you.
7. Action checklist: going beyond the numbers
To turn this policy change into a practical opportunity, we recommend the following steps:
- Audit your slate:
- Identify which projects clearly tick the eligibility boxes (Australian, new, drama/children’s/doc/arts/educational).
- Prioritise those projects for streamer-facing pitches.
- Map projects to platforms:
- Link each project to one or two best-fit platforms based on genre, tone and audience.
- Consider where Binge and Foxtel’s existing drama commitments may create particular openings.
- Design finance structures around the new floor:
- Treat the mandated streamer spend as one input into your financing, alongside offsets, presales and agency funding.
- Build flexible models that accommodate different commissioning levels and windowing strategies.
- Strengthen your data and reporting:
- Be ready to demonstrate Australian creative control, spend in Australia and other eligibility metrics cleanly in your documentation.
- This reduces friction in approvals and contract negotiation.
- Seek advice early:
- If you are planning a slate or a larger long-term strategy, it is worth modelling different revenue and spend scenarios under the new regime.
- Fiscal Artisans can help you build Treasury-style models, stress-test them, and translate policy into actionable project plans.
The new streaming content rules are a structural shift, not a passing headline. Used well, they can underpin a more resilient, better-capitalised Australian screen sector. Our role is to help you connect the policy settings to your budgets, your cashflows and your long-term creative strategy – so you can genuinely go beyond the numbers.









