A guide to piracy protection for sports broadcasting rights-holders in the UAE

Published 08 December 2015 | Authored by: Steve Bainbridge

This article identifies the core elements of broadcast piracy in the United Arab Emirates (the “UAE”), and considers some countermeasures being taken by the country to combat the problem. A number of laudable recent steps to deal with the growing legal problem suggest that both internal and external rights holders to the UAE market can take some comfort that rights will be recognized and protected and, where practical, aggressive enforcement can be pursued.

 

A growing global problem

In the TV broadcasting world, the value of premium rights to sporting events makes them a prized asset. The inherent nature of live sporting events means that they have the now relatively scarce appeal of immediacy, with extremely high value before and during the event itself, rapidly diminishing thereafter. This reality has elevated the value of live sporting event broadcasts above all others in the pantheon of TV advertising platforms – take, for example, the English Premier League.1

The auspicious trade winds have, however, drawn a threat to the horizon. As subscription rates climb there is an increasing threat from pirates adroitly brandishing advances in technology to illegally broadcast sports content to consumers. Their motivation is the substantial rewards that can be reaped for bypassing legal rights holders. Approximately one billion people watched the final match of the FIFA World Cup last year, 900 million watched the opening ceremony of 2012 Olympics in London and, for single match events, in excess of 110 million watched the Superbowl.2 These figures hint at the golden gains of advertising investment and subscription fees that can be made by those prepared to operate outside the law on a quest for revenues without paying for broadcasting rights.

As the sports rights market grows, evidence shows that the problem, which can take several specific forms, is growing at a significant rate globally,3 which suggests the framework of laws and regulations – handicapped by jurisdictional limitations in dealing with global offenders – has in general struggled to keep up with detection and enforcement.

 

Local face of a global problem

In the UAE, broadcasting piracy has shown a marked increase over the past couple of years, similar to many other markets with diverse sporting interests and a growing cosmopolitan population. TV broadcast piracy includes a range of abuses that are evolving with technology, but the purposes of this article we will consider specifically the legal issues surrounding:

  1. unauthorized internet content (unicast and peer to peer streaming);
  2. pirate satellite channels showing premium content; and
  3. illegal set-top boxes and other hardware allowing access to hundreds of channels for a one-time and/or short term subscription fee.4

In respect of this latter category, it has been suggested that licensed retailers of electronic equipment for premium content in the UAE are being deprived of up to forty percent (40%) of business because of the proliferation of illegal decoders and satellite dishes5 with reports of in excess on one million illegal set-top boxes entering the Gulf Cooperation Council region annually.

It is instructive to note that ready access to high-speed internet connections is ubiquitous in the UAE and a largely expatriate population features a broad interest in sporting activity from around the world and consumers highly sensitive to choice content. These factors contribute to make policing the market a difficult task, as identifying targeted content to include niche sporting activities can be difficult and tracking potential multijurisdictional sources of illegal content or hardware can be elusive.

A recent example illustrates the issue. Throughout much of last year beIN Sports, the Qatar-based network and an exclusive rights holder to the EPL in a number of countries in the region, reportedly6 suffered piracy issues with some of its live transmissions. Saturday afternoon kickoffs were particularly sensitive because of UK blackout rules, so in what was perceived as a measure to pacify the UK rights holders beIN covered only one match per week in that timeslot whereas previously, it had shown all live EPL matches during that timeslot. In addition to significant subscriber complaints about loss of access to content of the other matches in that timeslot, it has been suggested7 that many fans were galvanized into seeking alternative access, including through pirate broadcasts.

 

...to continue reading register here for free

 

LawInSport is an independent publisher used by sports lawyers, sports business executives and administrators, athletes and support personnel, academics and students to stay informed of the latest legal issues and developments from the world of sport. It is our mission to improve the accountability, transparency and standard of the administration and governance of sport and the understanding of the law.

Thank you for considering becoming a member of LawInSport, supporting independent media and the promotion well researched, reference and accessible legal information that contributes to greater transparency and accountability in the sport and legal sectors.

 


 

Related Articles

About the Author

Steve Bainbridge

Steve Bainbridge

Steve has almost 20 years experience in his field of expertise; and, he has significant experience advising on a wide array of the transactional elements underpinning the sports and events management sector from sponsorship agreements and packages of all types to athlete endorsement agreements; anti-ambush marketing strategies and enforcement; player contracts; broadcasting agreements and IP registration and enforcement; merchandising and licensing agreements; player disciplinary issues; event security; ticketing arrangements and varied venue/facilities management arrangements.

Steve rejoined Al Tamimi & Company in 2013 with a mandate to develop and head up the region’s first dedicated Sports Law Practice, which has since grown rapidly as a regional leader to include key advisory roles representing individuals, corporate entities, governing bodies and institutions in connection with events spanning motorsports, horse racing, triathlons, MMA, cycling, golf, tennis, cricket and football to name but a few.

 

  • This email address is being protected from spambots. You need JavaScript enabled to view it.

Leave a comment

Please login to leave a comment.

Official partners 

BASL
Soccerex Core Logo
SLA LOGO 1kpx
YRDA Logo2
SAC logo LawAccord

Copyright © LawInSport Limited 2010 - 2018. These pages contain general information only. Nothing in these pages constitutes legal advice. You should consult a suitably qualified lawyer on any specific legal problem or matter. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. LawInSport is not responsible for any actions taken or not taken on the basis of this information. Please refer to the full terms and conditions on our website.