Court turns down injunction plea

FRIDAY, JUNE 29, 2012
Court turns down injunction plea

After a lengthy hearing, the Civil Court today refused to impose an injunction over the Euro 2012 broadcasting, for fear of causing intellectual property right infringement.

The announcement released late afternoon followed the consumers' case against GMM Grammy and 3 free TV operators. They asked for the court's injunction, to unlock the re-broadcasting signal from the 3 free TV channels to all platforms including TrueVisions' pay TV and all other networks.

Here are some excerpts from the court's statement:

"Facts are majority of viewers still can watch the tournaments from many other channels like the Internet and mobile phones. If the court provides an junction as requested, Uefa could consequently cut broadcasting signal to the free TV channels.... An immediate result is that the termination of the broadcasting signal will affect all consumers natiowide. A more serious consequence is the country's image following Thailand's commitment to honour the intellectual property rights. This could send a repercussion to the broadcasting of other sports tournaments and international accords on intellectual property rights in the future. Considering these side-effects, the court considered that it is impropriate to issue an injunction for this case."

In the previous three days, called for the hearing were BEC’s ThaiTV3, Royal Army’s TV5 and MCOT’s ModernineTV and other expert witnesses from CAT Telecom and PSI Holding for additional technical information. The Confederation of Consumer Organisations of Thailand and satellite TV viewers brought the case to the court against GMM Grammy, the sole broadcasting rights holder, and three free-TV stations.

The confederation claimed that GMM Z, the satellite broadcasting unit of GMM Grammy, must take responsibility for more than 10 million TV viewers unable to watch the Euro 2012 soccer matches through the re-broadcasting signal from the free TV stations. It considers this as a violation to basic consumer rights.
 
The confederation also requests the Bt1,590 compensation for each of the 33 million individuals affected, from 11 million households.
 
In the hearing a technical expert from Bangkok Entertainment Company (BEC), the operator of ThaiTV3, said that under the broadcasting concession contract with MCOT, the company has to operate its TV station as an analogue terrestrial free-to-air TV network only.
 
An expert at MCOT said that in the 1989 concession agreement with  BEC, it was not determined whether ThaiTV3 or Modernine TV could uplink and downlink satellite signal between main broadcasting tower and rebroadcasting towers.
 
Meanwhile, a technical expert from Royal Thai Army's TV5 said that the uplink and downlink via satellite signal was for connecting between its home base and rebroadcasting  stations because TV5 had been allowed to operate terrestrial TV network only since 1957. 
 
TV5's expert added that  in this process, the satellite TV operators who can receive the signal of free-TV contents - namely PSI Holding, DTV, TrueVisions and IPM - will rebroadcast the signal to households.