Ignorance, the law and live footy
Most readers will have heard the saying "Ignorance of the law is no defence" without perhaps thinking too much about what it means.
Well, in two recent examples published in the MA, concerning screenings of live Premier-
ship matches on Saturday afternoons, it would at first sight appear that ignorance was a defence - and it was successful.
But my own view is that it does not offer much hope to other licensees who want to entertain customers during the so-called "closed period".
Supporters of the two people who were unsuccessfully prosecuted have claimed that this throws the whole question of Saturday screenings into the melting pot. I do not think that is true at all, and I do not want readers to be misled on the main issues.
I am sure we have all read stories about people who have escaped a drink-driving conviction or a speeding fine, for example, on a technicality. Several examples of this type of case exist, because the prosecution has to be meticulous and the evidence presented in a certain way.
But their reprieve does not actually undermine the drink-drive laws, which still exist and under which hundreds of motorists continue to be convicted, to their cost.
The screening of live football matches in pubs during the stated period on Saturday afternoons is still a breach of copyright, and those committing the breach can still be prosecuted.
On certain occasions there may be a reason why the prosecution fails, such as the failure of those presenting the case to show that the person concerned had the necessary knowledge and intention to breach the relevant copyright laws.
Those of you reading this are likely to have knowledge of
copyright, and about the debate over Saturday screenings.
You are also likely to be involved in purchasing or renting equipment by which such matches are shown, or controlling the outlet where the copyright offence might take place.
In such circumstances the vast majority of readers who run pubs would not be in a position to claim ignorance as any form of defence.
Because this is an absolute ban that affects Sky and the terrestrial TV firms as much as anyone else, the legal position
of the prohibition seems well established.
It is only by overturning the whole European copyright protection scheme that the licensed trade can hope to screen games legally on Saturdays.
