Foxtel Cable Television Pty Ltd v Nine Network Australia Pty Ltd & Anor [1997] FCA 185

Foxtel Cable Television Pty Ltd v Nine Network Australia Pty Ltd & Anor [1997] FCA 185

A commercial television broadcasting licensee does not have 'the right to televise the event' if that right is only available after a delay (such as 168 hours) or limited to broadcasting highlights; such arrangements do not satisfy the anti-siphoning provisions, and a subscription service cannot televise the event in the meantime.

Jurisdiction
Australia
Judgment Date
26 March 1997
Procedural Posture
Appeal / Judgment and Orders
Outcome
Appeal dismissed.
Legal Topics
['anti Siphoning Provisions' 'television Broadcast Rights' 'declared Events' 'subscription and Free to Air Television' 'administrative Review']
['broadcasting Law' 'administrative Law'] ['anti Siphoning Provisions' 'television Broadcast Rights' 'declared Events' 'subscription and Free to Air Television' 'administrative Review']

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Procedural Posture

Appeal / Judgment and Orders

Legal Issues

  1. 1 ["Does a commercial television broadcasting licensee have 'the right to televise the event' under anti-siphoning provisions if the right is delayed or limited to broadcasting highlights?" "Did the contract arrangements circumvent the Broadcasting Services Act's anti-siphoning provisions?"]

Ratio Decidendi

A commercial television broadcasting licensee does not have 'the right to televise the event' if that right is only available after a delay (such as 168 hours) or limited to broadcasting highlights; such arrangements do not satisfy the anti-siphoning provisions, and a subscription service cannot televise the event in the meantime.

Court Disposition

Appeal dismissed.

Orders

  • ['The appeal be dismissed.' 'The appellant, Foxtel Cable Television Pty Limited, pay to the first respondent, Nine Network Australian Pty Limited, its costs of the appeal.']