Denmark

[DK] Football Match on TVDanmark1

IRIS 2000-8:1/12

Elisabeth Thuesen

Law Department, Copenhagen Business School

A press release published on 30 August 2000, by the Ministry of Culture has announced that problems have risen concerning the broadcast of a football match between Denmark and Iceland on 2 September 2000.

Article 3a of Directive 97/36/EC amending Council Directive 89/552/EEC on the pursuit of television broadcasting activities provides for free access for the public to TV broadcasting of events important to society. A substantial proportion of the public in a Member State may not be deprived of the possibility of following such events as are regarded by that Member State as being of major importance for society. The commercial TV channel TVDanmark1 has defied this rule by refusing to allow the Danish public service stations DR (Danmarks Radio) and TV2 to purchase broadcasting rights. These stations are able to cover the whole country. TVDanmark1 reaches only about 55% of the population whereas Bekendtgørelse om udnyttelse af tv-rettigheder til begivenheder af væsentlig samfundsmæssig interesse (the Danish Executive Order no. 809 of 19 November 1998 on the exploitation of tv-rights to events of major interest to the public) provides for access to these events for 90% of the population, cf. section 4 no1. TVDanmark1 is established in England and its broadcasting activities are subject to the law of England where the relevant rules of the TV Directive are implemented. The English Independent Television Commission (ITC) has supported the Danish implementation of the TV Directive by prohibiting TVDanmark1 from broadcasting the match unless the offer of purchase has been given to the Danish DR and TV2. However, the decision of the ITC has been appealed to the High Court in London which - after a very brief delay - issued on Friday 1 September 2000 an interim declaration granting TVDanmark1 the sole right to broadcast the match without further conditions. The High Court shall make its final decision in early September.