EU opinion could threaten country-exclusive rights deals

BSkyB and other broadcasters should not be allowed to prevent customers from accessing Premier League football coverage provided by broadcasters elsewhere in the European Union, according to a senior legal advisor to the European Court of Justice.

The UK pay TV operator has been involved in a long-running legal dispute with Portsmouth pub landlady Karen Murphy, who provided her customers with Premier League football coverage using decoders from Greek broadcaster Nova. Murphy was fined about £8,000 (€9,360) plus costs after Sky launched a prosecution based on its exclusive rights to show Premier League matches in the UK.

However, European Court of Justice advocate Juliane Kokott has issued a non-binding opinion that preventing people from accessing signals from other EU countries is contrary to the rules of the European Single Market.

If confirmed, a ruling that territorial exclusivity agreements are contrary to EU law could have a significant impact on the way in which rights are sold on a country-by-country basis.

BSkyB and ESPN have exclusive rights to broadcast Premier League coverage in the UK, and garner significant revenue from selling special subscription packages for public viewing in pubs and clubs.