Premiership Games Can be Shown Via Foreign Decoders, say the ECJ
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October 4, 2011 TheFreshOutlook  |
Karen Murphy is taking on the FA Premier League after an ECJ finding approves the use of foreign TV decoders.
Pub landlady Karen Murphy has won the latest stage of her fight to air Premier League games using a foreign TV decoder. The case will now go through London’s High Court and could, if successful, change the way football fans view all Premiership games.
Ms Murphy, owner of the Red, White and Blue pub in Portsmouth, was facing up to £8,000 in costs after she paid a Greek decoder £118 per month to broadcaster top-end football matches. She has since appealed the fine and is taking on the Premier League and broadcaster giants Sky and ESPN in the highest courts.
Ms Murphy took her case to the European Court of Justice (ECP), claiming that she had a right to use foreign decoders.
The ECJ backed the landlady’s argument on Tuesday.
They announced that any attempt to prohibit the “import, sale or use of foreign decoder cards is contrary to the freedom to provide service”.
They added: “It cannot be justified either in light of the objective of protecting intellectual property rights or by the objective of encouraging the public to attend football stadiums.”
Speaking to BBC Radio 5 live, Ms Murphy said she was “very relieved”.
“It has been a rollercoaster,” she explained. “It has been a strange time and I am glad it is coming to an end.
“I feel I have taken on the Premier League and Sky.”
The court, however, disregarded Ms Murphy’s wish to use the Greek decoder card in the future.
Transmission in a pub is a “communication to the public,” they claimed and added that owners must seek permission from the Premier League.
If successful, the case could allow football fans to watch Premiership games at a cheaper price; however, BBC sport editor David Bond said the ruling was not so “clear cut”.
The league will point “to a part of the judgement which appears to offer them copyright protection and require pubs to seek their permission if they wish to use foreign decoders,” he said.
“It is a confused picture and it is now up to the High Court to try and interpret the judgement. Whatever happens, the league is confident it is not about to suffer a major loss in TV income.”
The case will now go to the High Court in London, where it is highly anticipated that the judge will rule in favour of the ECP’s findings.
By Catherine Rees
[Image courtesy of wonker]
