Judge warns pubs over foreign satellite football

A judge has slammed misleading press reports which claimed hosts had been given the all clear to screen live Saturday afternoon Premiership soccer matches.

Judge Robert Warnock warned that a recent case, which saw a host's conviction for showing a game quashed, had no bearing on the legality of broadcasting matches beamed from foreign TV stations.

It is unusual for a judge in a lower court to issue a stern correction of misleading press reports ​ Morning Advertiser legal expert Peter Coulson.

He took the unusual step of issuing a statement from the Bench at the end of a costs hearing brought by Media Protection Services (MPS) following licensee Brian Gannon's successful appeal last month.

The judge told the court: "We have seen various articles in the press to the effect that our judgement in this case has in some way legalised or legitimised the use of the decoder machine such as was purchased by Mr Gannon. ​

"We wish to make it plain that this is most certainly not the case and our primary finding was that the prosecution had failed sufficiently to prove the element of dishonesty in the alleged offence. Such a finding is, of course, strictly limited to the facts of the case."

One article in The Independent following the case claimed that pubs would be able to screen Premiership football following what the paper described as a "landmark decision". ​

Satellite equipment suppliers have vowed to step up marketing and sales of decoders and foreign subscription cards to pubs in the wake of the successful Gannon appeal. One Lancashire-based supplier, Digital Sales of Chorley, has challenged the Premier League to take out a prosecution against his company.

Supplier defiance prompted the Premier League to call trade groups and managed pubcos to a series of meetings in an attempt to clarify the legal situation.

Morning Advertiser legal expert Peter Coulson said: "It is unusual for a judge in a lower court to issue a stern correction of misleading press reports but this is clearly a case in which the licensed trade was badly misled. In March I warned MA readers not to assume that a couple of successful dismissals would alter the main law and legalise decoders and the judge has made that abundantly clear. The penalties for breach of copyright are severe."​

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Your Comments​Robert Feal-Martinez​ via email 09/06/2006"Whilst this doesn't affect me it seems rather bizarre to me that this thing rolls on and on. Not the least because managed house chains are prepared to challenge the legality of this by showing football through these decoders. so I think what needs to be established is the clear positio as follows.

1. Are these decoders legally on sale.

2. Is a subscription to a foreign satellite channel legal.

3. Does the television company in whatever country have the legal right to broadcast the football match concerned at the time specified.

If the answer to all 3 of these questions is yes, I cannot see how the Premier League or their agents have a case. I have read the Copyright Legislation on this and it's about as clear as mud.

What is also not clear is whether UK copyright law applies to other nations. The solution to all this is really quite simple in my humble opinion. Sky should let epole buy the matches they want and not have a flat rate trarif based on rateable value. Far too many matches are of no importance to all customers