Premier League seeking admission of guilt from licensees over foreign satellite football broadcasts

Essentially the pre-written document invites licensees that the Premier League claims have been screening foreign broadcasts of its football matches to undertake a number of commitments.

These include: promising not to show any more foreign broadcasts of Premier League matches; detailing all matches broadcast so far this season; and providing full details of the equipment used in such broadcasts, its suppliers and their prices.

Furthermore, the document, if signed, would appear to make the licensee liable for the payment of damages for past infringements and legal costs. The letter says: “If you decide not to cooperate with this letter, the Premier League will reserve the right to commence immediate court proceedings against you…”

So suppose you are a licensee who has screened foreign broadcasts of Premier League football matches and you are now in receipt of this letter. It’s an intentionally intimidating missive from a large organisation with deep pockets employing a global law firm with 4,200 lawyers, including specialists in sports, TV and intellectual property.

Should you sign such a document and give the Premier League an admission of guilt, an open-ended undertaking to cease doing something that has not yet been proved illegal and agree to pay undisclosed damages and costs?

Certainly not without seeking legal advice — a suggestion, in fairness, made in the letter itself.

The Premier League is undoubtedly banking on some risk-averse licensees crumbling in the face of this legal pressure and signing up to what will almost inevitably be lesser penalties than if they lost a court case.

But given that the issue of copyright infringement from foreign satellite broadcasts has not yet been fully examined in the courts, maybe a few braver licensees might prefer to wait for a meaningful test case and precedent (even if it involves themselves) before giving in to scare tactics.