Football Broadcasting – ECJ Decision

In a case which may change how the Premier League chooses to structure broadcasting rights packages, on 4 October, the European Court of Justice (ECJ) ruled in favour of a pub landlady from Portsmouth, who was using a Greek decoder to screen Premier League football matches in her pub.

In January 2007, Karen Murphy was convicted for dishonestly receiving BSkyB's football coverage intending to avoid proper payment. She appealed against her conviction and a number of points were referred to the ECJ for guidance.

Ms Murphy's argument was that she was entitled to use the Greek decoder under the EU's single market principles which call for the free movement of goods and services throughout the EU. The Football Association Premier League (FAPL), which owns and markets the broadcasting rights to Premier League matches, argued that Ms Murphy had breached its copyright by screening the matches in her pub.