The controversy surrounding SBS interrupting programs for commercial breaks has not ended. It stems from a long-running dispute over the interpretation of “natural program breaks” in the Special Broadcasting Service Act 1991 (SBS Act). 

The primary points of contention

Critics identify five areas of concern.

Legal interpretation

Under the SBS Act, the broadcaster is permitted to air advertisements only “before programs commence, after programs end or during natural program breaks”. Critics, including advocacy group Save Our SBS, argue that SBS reinterpreted that in 2006 to “force” commercial breaks into programs where no natural break originally existed.

Definition of “natural”

Opponents contend that a “natural” break should only occur between separate programs or during actual breaks in play in live sports (e.g., halftime), and perhaps programs delivered to SBS in “broken” format where a break was intended by the original program maker. SBS gave evidence to a Senate committee of their practices which revealed the broadcaster “forced” thousands of  breaks into most programs annually and critics argue that violates the spirit of the legislation and the creative intent of program makers.

Audience backlash

Audience research and nationwide studies conducted from 2013 to 2017 found that over 95% of SBS viewers believe these in-program breaks appear “forced or artificially contrived”. Viewers often complain that these interruptions disrupt the flow of content and degrade the quality of the public broadcasting experience.

Commercial pressures versus funding

SBS has defended the in-program breaks as necessary for revenue, citing chronic underfunding and the need to support new local productions. While SBS maintains it strictly adheres to a 5 minute hourly advertising cap, critics point out that when promotions are included, the “non-program matter” can reach up to 15 minutes per hour, rivalling commercial networks. Random off-air logging of SBS television in six hour blocks between 2009 and 2020 inclusive, found that SBS-TV had up to 7½ minutes of actual advertisements per hour not counting promos, in some primetime hours.

Technical issues on streaming

On digital platforms like SBS On Demand, controversies also arise from “server-side ad insertion” issues, where keyframe placement can cause ads to cut into scenes mid-sentence. 

Key points of controversy

The controversy surrounding SBS interrupting programs for commercial breaks centres on a 2006 policy shift where the broadcaster began inserting advertisements within programs rather than only between them. Critics, argue this practice “forces” breaks into content never intended to be interrupted, contradicting the legislative spirit of the public broadcaster. 

Breaks “forced” versus “natural”

Opponents claim that inserting ads into movies, documentaries, and other programs, not scripted for interruptions violates the “natural program break” requirement.

Impact on audience

Viewers often find in-program breaks intrusive and “artificially contrived”, which some argue damages SBS’s unique multicultural mission.

Commercialisation

There is ongoing debate over SBS’s “mixed funding model”, where a portion of its budget is appropriated from government and the remainder from commercial revenue. SBS argues it still offers a superior viewing experience than commercial channels. 

Viewer Response

In essence, viewers feel SBS has exploited a legal loophole to become overly commercial, ruining the viewing experience and undermining a unique service to the public in favour of advertisers.

Campaigns

SaveOurSBS.org supporters & friends of SBS and others, actively ran petitions and other campaigns against forcing in-program ‘unnatural’ breaks on SBS, calling for a return of ads only between programs.

Behavioural changes

Many viewers record programs to fast-forward through ads or avoid watching SBS altogether due to the annoyance.

Current situation

The debate still remains active, with a 2025 review calling for a return to a narrower interpretation by SBS of a “natural program break” to align with that intended by the parliament when it corporatised SBS, or otherwise a ministerial directive under the Act or a legislative amendment regulating the former narrow application of natural program break and to protect SBS’s unique multicultural and multilingual obligation building an inclusive Australia strengthening social cohesion. 

References

SBS Natural Program Breaks Review, SOSBS, 1 February 2025

Commonwealth, Parliamentary Debates, Senate, 16 June 2008, 2135 – (Senator Lyn Allison asked the Minister for Broadband, Communications and the Digital Economy, upon notice, on 12 February 2008, Answer 7 with Attachments A and B)

SBS continues to alienate and betray its audience, Pearls and Irritations, by Steve Aujard, 12 January 2022

A study of 2044 viewers of SBS television on advertising, Charter, relevance and other matters – A submission to the SBS Community Advisory Committee & the SBS Board, SOSBS, 23 July 2013

THREE QUESTION POLL results, SOSBS, 1 October 2020

SBS-TV free of ad breaks? SOSBS, 28 November 2011

#SBSbreaks, Facebook, SOSBS, 1 February 2025

Natural Breaks, SOSBS

SBS hour logged with 50 percent more ads than allowed, SOSBS, 1 September 2020

The economic reason to remove in-program advertising on SBS, SOSBS, 16 October 2019

Why do Ads come in too soon or too late in my program?, SBS

SBS re-branded but still has ads. Why?, SOSBS, 11 May 2008

Senate told of SBS hush plan to double ads before government cuts were announced, SOSBS, 25 May, 2015

House debates: Communications Legislation Amendment (SBS Advertising Flexibility and Other Measures) Bill 2015; Second Reading, Jason Clare MP (Blaxland, Australian Labor Party, Shadow Minister for Communications), 26 May 2015

SBS Advertising Flexibility Regulation Impact Statement Department of Communications Final, March 2015

Commonwealth, Parliamentary Debates, House of Representatives, 14 October 1991, SPECIAL BROADCASTING SERVICE BILL 1991: Second Reading: page 1842 (Warwick Smith MP), page 1857 (Michael Lee MP), page 1860 (Ian Sinclair MP)

Commonwealth, Parliamentary Debates, Senate, 11 November 1991, SPECIAL BROADCASTING SERVICE BILL 1991: Second Reading: page 2843 (Senator Richard Alston), In Committee: page 2862 (Senator Bob Collins)

Scrutiny of Government Budget Measures Submission 52, Impact of budget cuts and increasing advertising on SBS in primetime – A submission to the Senate Select Committee into the Abbott Government’s Budget Cuts, SOSBS, 10 December 2014

End In-Program Ads On SBS, SOSBS, 12 October 2021

Preserve its Integrity! Don’t Increase Ads on SBS (Margaret Pomeranz & Quentin Dempster petition), CommunityRun, 2015

SBS Television and advertisements, care2 PETITIONS, by Mannie De Saxe, 2012

NO ADVERTISEMENTS OR SPONSORSHIP ON SBS, (petition) SOSBS, 2007-08

SBS sold on commercial breaks, The Australian, 2006