Head of NBTC broadcast panel defends World Cup 'must have'

Natee Sukonrat, the chairman of the National Broadcasting and Telecommunications Commission’s broadcasting committee, appeared at the Administrative Court to testify in a case brought by RS International seeking amendment of the must-have rule.

The complainant, a subsidiary of the country’s leading music and entertainment firm RS, which holds the Thai broadcasting rights to the 20th World Cup in Brazil, said the rule would affect its business. A law or regulation cannot be retroactive, it argued, and it acquired the rights from the International Federation of Association Football (Fifa) before this rule was in place.

Under the rule, which was fully implemented late last year, the holder of broadcasting rights to seven events must allow them to be aired on free-TV channels, besides their own media platforms. This means that the public must be able to access these live events, namely the Southeast Asian Games, Asean Para Games, Asian Games, Asian Para Games, Olympic Games, Paralympic Games and the Fifa World Cup Finals. 

Natee said: “RS International is neither a free-to-air nor a pay-TV licensee of the NBTC. Thus the implementation of this rule cannot possibly affect the company.” 

Pressing his point before the court, he cited the dismissal of an appeal at the Court of Justice of the European Union (CJEU) brought by Fifa and the Union of European Football Associations (Uefa) against the judgements of the General Court on television broadcasts of World Cup and European Championship (Euro) matches.

The CJEU decided this case on July 18 after European Union member states were authorised to draw up a list of events of major importance for the general public. Events on this list would then be prohibited from exclusive broadcasting within those member states. 

The ruling also backed earlier judgements supporting decisions in Britain and Belgium to prevent pay-TV broadcasters from acquiring exclusive rights to the final tournaments of the Fifa World Cup and the Euro soccer tournament.

Natee stressed that the NBTC noted this ruling was based on national interest. Thailand should follow the same track to make sure that all people will be able to access all the matches of the World Cup Finals.

However, RS insisted that the must-carry rule would ensure that all 64 matches of the World Cup would be aired on free-TV channels, which would have a severe impact on its business. 

Yesterday the company assigned Supan Sueharn, a director of RS Television Co, to represent RS International at the court. 

The 20th Fifa Word Cup is scheduled to take place in Brazil from June 12 to July 13, 2014.