EU upholds government right to make events free to air

SPORT ON TELEVISION: THE RIGHT of individual EU member state governments to list sporting events as “protected” for free-to-…

SPORT ON TELEVISION:THE RIGHT of individual EU member state governments to list sporting events as "protected" for free-to-air broadcast was upheld yesterday by the European General Court, which rejected an attempt by Fifa and Uefa to restrict the number of games the British and Belgians could list at major football championships.

The governments of both countries had designated all World Cup matches for free-to-air broadcast, while the British had also listed all European Championship games.

The two football organisations had sought to have the listing restricted to games involving the specific countries – England, Scotland, Wales and Northern Ireland in relation to Britain – as well as semi-finals and finals.

Instead, the court recognised the rights of governments to decide what sporting events might be considered of special significance in their own jurisdictions.

READ MORE

It suggested the Commission had been entitled to grant the governments considerable leeway to include “non-prime” and “non-gala” events on their lists.

The decision made it “a bad day for rights holders”, according to British-based EU regulatory expert Daniel Geev.

Ireland is one of eight European countries to have availed of the right, granted under the EU’s Audiovisual Media Services Directive, to prevent some sports events being exclusively shown live on subscription channels.

The Olympics, the All-Ireland hurling and football finals, Ireland rugby World Cup matches, the Republic of Ireland soccer team’s competitive games, as well as the Irish Derby and Grand National make up the bulk of the events that have been “protected” here since 2002.

The then Minister for Communications, Eamon Ryan, prompted controversy last year when he revealed he was considering adding other events, including Heineken Cup matches involving Irish sides, to the list while also proposing that Ireland Six Nations rugby matches designated as free to air.

The IRFU strenuously opposed the proposed changes, claiming the loss of revenue from broadcasters, primarily Sky, would undermine the organisation’s ability to field competitive teams in high-level competition.

Fifa and Uefa, who have said they will “study the ruling” have the right to appeal the decision to the European Court of Justice.