The territorial restrictions related to satellite television rights – for pay tv – have been deemed illegal by the European Union. It all started in the world of football and from a complaint filed against the owner of an English pub.
News in the world of pay tv: a ruling by the Court of Justice of the European Union has found the current principles of territorial limits imposed in the contracts signed with various broadcasters offering satellite channels to be illegitimate.
Until now, in fact, it has not been possible to use a card and a decoder provided by pay tv companies from a country different from the country of residence.
So, to give a concrete example, an Italian citizen has never been able to – at least according to current regulations – watch a paid football match without using a Sky subscription.
The ruling completely overturns the issue and allows private individuals to use a pay tv card anywhere within the 27 countries that are part of the European Union, as well as to choose between foreign cards and subscriptions.
It all started in an English pub: Kan Murphy, the owner, was cited by the League for using a cheaper Greek card – instead of an English one – to provide patrons of her establishment with Premier League match broadcasts.
After six years of legal ups and downs and about 9,000 euros in fines and legal expenses she bore, Mrs. Murphy now takes home a positive verdict from the European Union.
The basis of the reasoning is, first and foremost, the evidence that a football match cannot be included in the category “work protected by copyright” and therefore neither the League nor the company providing the satellite service can claim rights as if it were intellectual property.
In the statement released with excerpts from the ruling, it reads: “a national regulation that prohibits the importation, sale, or use of foreign decoding cards is contrary to the free provision of services and cannot be justified either with regard to the objective of protecting intellectual property rights or the objective of encouraging public attendance at stadiums“.
On this basis, it has been established that private individuals can from today subscribe to any pay-per-view service, regardless of the country of residence.
The matter is slightly different—and will need to be further explored to find a compromise—for establishments offering public viewing of TV, events, and football matches.
This EU ruling is certainly destined to cause discussion among holders of considerable economic interests related to the viewing of satellite channels and, at the same time, effectively opens the pay tv market to very broad competition, well beyond national borders. This could soon mean more offers and some savings for users.
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