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UK public service broadcasters (PSBs) could be guaranteed the opportunity to purchase digital rights to major sporting events under new proposals from communications regulator Ofcom.
The UK government established a list of protected events in 1996 and prevents pay-TV broadcasters from gaining exclusive rights to events considered to be of ‘national interest’.
In practice, any competition on the A-list, such as the Olympic Games or men’s Fifa World Cup, must be broadcast live on terrestrial TV, while there has to be free-to-air (FTA) highlights for anything on the B-list.
However, the legislation has not been updated to take into account changing viewing habits and there is no provision for digital rights that are required for live video and highlights, mobile applications, and social media.
Ofcom’s ‘digital rights review’ will explore whether the so-called list of ‘crown jewels’ should be altered so that the BBC, ITV, Channel 4 and Channel 5 are granted both linear and digital rights to listed events.
“As we saw during the Women’s Euros and with the Fifa World Cup just around the corner, we know that enjoying blockbuster sporting events together means so much to many people,” said digital infrastructure minister Julia Lopez.
“Everyone should be able to watch these incredible moments of national unity, no matter how they choose to tune in.
“As viewing habits shift online, it is right that we review our rules and consider whether updates are needed to ensure our brilliant public service broadcasters can continue to bring major events to the public at no extra cost.”
The composition of the ‘crown jewels’ list is a source of constant debate in the UK, with regulators required to strike a balance between public interest and commercial fairness.
The most recent addition to the line-up was the Paralympics in 2019, but the mechanisms that enforce the list have remained static since 1998. The framework was designed for an era where digital television was still in its infancy, never mind highspeed broadband and streaming platforms.
Most broadcast contracts are now platform-agnostic but there is still no legal protection for these rights. This means a protected event could sell the rights to another party, harming discoverability or establishing a paywall.
Just imagine a situation where a viewer couldn’t stream the Wimbledon final on their phone, or was unable to watch the 100 metres at the Olympics on-demand – it comes across as ridiculous.
You could argue that any rights holder that does this would be shooting themselves in the foot with regards to reach but, in theory, they could look to separate the unregulated rights to increase revenues.
Consumers now expect to be able to watch sporting events where and when they want, and the legislations should reflect the modern world.
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