Could case be as important as Bosman?

The modern Premiership financial model depends heavily on revenues from BSkyB.   The broadcaster in turn only wants people to watch its programmes who have paid to do so.  Premier League matches are being screened across the country in pubs at 3 p.m. on a Saturday streamed from overseas sites. 

The modern Premiership financial model depends heavily on revenues from BSkyB.   The broadcaster in turn only wants people to watch its programmes who have paid to do so.  Premier League matches are being screened across the country in pubs at 3 p.m. on a Saturday streamed from overseas sites. 

If a pub wanted to show games legitimately, and it could not do so on Saturday afternoon, it would have to pay Sky a fee of £15,000-£20,000 a year.   This is a lot of money at a time when pubs are under pressure from cheap supermarket alcohol, so it is no surprise that illegal transmissions occur and that the broadcasters try and initiate prosecutions.

In 2007 Karen Murphy, who runs a pub in Portsmouth, was convicted of ‘fraudulent reception of transmissions’ at the local magistrates’ court.   She appealed to the European courts, arguing that her conviction was inconsistent with Community law.   She purchased the programmes from Nova in Greece, a legitimate broadcaster in another member state.

The case is due to be heard on October 5th.  The European Commission has not yet stated its position and this will be important in terms of the outcome of the case.  I’m not a European lawyer, and the legal position is complex.   However, if I was to hazard a guess, it would be that Media Protection Services Ltd., representing the Premier League, will win.   If they don’t, the consequences could be as far reaching as the Bosman judgment, although any ruling would have to be referred back to the domestic courts.