Rochdale solicitors play key role in broadcast battle

Solicitors from Rochdale have represented defendants in the campaign to prevent pubs from showing live broadcasts of Premier League football matches via foreign satellite broadcasters.

Solicitors from Molesworths Bright Clegg (MBC), of Yorkshire Street, Rochdale, have helped take the fight to the European Court of Human Rights, following a High Court judgement earlier this week.

In January last year the FA Premier League (FAPL) issued High Court against AV Station plc, an importer of legitimate foreign satellite decoder cards. The FAPL sought an injunction preventing the importation of decoder cards and damages for infringement of copyright.

Following a 13 day trial in April and 2 May this year, Mr Justice Kitchin delivered his reserved judgment on Tuesday (24 June).

He said: “There can be no doubt that recent years have seen a proliferation of encrypted television channels which are accessible only on payment of a fee. Yet the companies responsible for the encrypted broadcasts are often prohibited from permitting viewers in other Member States to access the encrypted programming; and this is so even when such viewers are prepared to make the requisite payment.

"This prohibition stems from the desire of rightholders to extract what they perceive to be the fair remuneration to which they are entitled. However, it creates a tension with the concept of a community audiovisual area and the principles of an internal market without frontiers, and it is this tension which is reflected in the multitude of claims and defences deployed in this case.

"I believe the issues which I have identified and upon which the assistance of the Court of Justice is sought are so fundamental that they should be considered as a whole by the court at the earliest opportunity.”

After the hearing, MBC’s Head of Licensing & Regulatory Affairs, Paul Dixon, who leads the team representing AV Station, said: “The importance of this test case cannot be overstated. We satisfied the court that there is a significant demand for the reception of satellite broadcasts in Member States outside the state of origin, for a variety of reasonable purposes, including a demand by Premier League clubs themselves who have installed foreign satellite systems in order to look at match broadcasts of both FAPL and foreign league games for player analysis and scouting purposes. Justice Kitchin readily acknowledged that this litigation could have significant consequences for the European broadcasting market.

"From the outset we have asserted that the issues which we have raised in relation to EC competition and free movement laws should be considered by the European Court of Justice (ECJ). I am delighted that Justice Kitchin accepted our submissions and has chosen to refer the issues straight to the ECJ.”

MBC also represent Portsmouth publican Karen Murphy in her test case appeal to the High Court against her conviction by Portsmouth Magistrates Court for showing live foreign satellite broadcasts of Premier League matches in her pub.

The second part of Ms Murphy's appeal was heard earlier this week after an initial hearing last November.

Judges have again referred the case to the European Court of Justice in Luxembourg.

Paul Dixon said: "It will now be up to the European Court to decide between the interests of millions of EU Citizens (including those who earn their living playing in the Premier League) and the developing European audiovisual area on the one hand, and the attempts by FAPL to shore up an antiquated and damaging system of territorial restrictions on the reception of satellite broadcasts for their private commercial gain."