B4-0326/96

Resolution on the broadcasting of sports events

The European Parliament,

A. whereas the costs of the right to broadcast sports events are reaching levels that only make it possible for the most capital-rich broadcasters to bid for them successfully,

B. whereas Article 9 of the Council of Europe Convention on Transfrontier Television binds parties to the Convention to 'avoid the right of the public to information being undermined due to the exercise by a broadcaster of exclusive rights for the transmission or retransmission.. of an event of high public interest and which has the effect of depriving a large part of the public in one or more other Parties of the opportunity to follow that event on television¨, where the definition of an event of high public interest includes sports events which are of general interest in one or more Member States,

C. whereas the general position of DG IV at the Commission is that exclusive broadcasting rights for television coverage of sports events should only be for limited duration (e.g. one football season), although such rights may be renewed; and that if such rights are for longer periods, then specific grounds for exemption are required (for example, an exemption was available for a longer term of three years to facilitate BSkyB entry to develop direct-to-home satellite broadcasting),

D. whereas however in the current competition situation long-term contracts constitute the best guarantee for free-to-air channels to broadcast major sports events in a manner accessible to the population as a whole,

E. whereas the organizer of a sports event normally owns the television rights and so makes the decision to guarantee exclusivity to one broadcaster; whereas televised sports organizations need to exploit this market for greater revenue due to the ever increasing costs of sports infrastructure and the salaries of professional sportsmen and women,

F. whereas exclusive broadcasting rights are a necessary part of the normal functioning of the highly competitive broadcasting market and are seen as a central driving force in the generation of revenue for both sports organizations and television broadcasters; whereas this exclusivity has led to an increase in both the amount of sport broadcast and the number of different sports televised, particularly with the rise of televised minority sports,

G. whereas rising costs increase the probability that exclusive rights to transmit major sports events, such as the Olympics or the World Football Championship, may be attributed to commercial broadcasters that operate subscription channels or that do not have universal reach in the country where they are licensed,

H. whereas, should this happen, the broadcasting of major sports events could only become accessible to those citizens of the Union who have access to channels only available on subscription or in certain parts of their country and not in others,

I. whereas public service channels in most EU Member States have a specific obligation to ensure that the broadcasting of major sports events reaches free-to-air all the population,

J. whereas general-interest private non-encrypted channels also have the purpose of safeguarding the broadcasting of such sports events,

K. whereas the European Broadcasting Union, through the contract signed with the International Olympic Committee, has succeeded in guaranteeing free-to- air broadcasting, accessible to the whole population, until 2008, also enabling future applicant cities to prepare their bids on sounder and more practical bases and enhancing the financial stability of all members of the Olympic movement for the coming years,

L. whereas an extremely high bid had been made for exclusive rights to the retransmission in Europe of Summer and Winter Olympic Games in the years 2000 to 2008 by an operator of pay-TV channels,

The European Parliament,

1. Considers it essential for all spectators to have a right of access to major sports events, just as they have a right to information;

2. Welcomes the decision of the International Olympic Committee which reflects its concern that the democratic, widespread and charge-free broadcasting of sports events should prevail over purely commercial considerations;

3. Considers that increased revenue from broadcasting rights has greatly contributed to promoting sports in general and to improving facilities available to athletes at all levels of performance;

4. Welcomes the amendment of 6 February 1996 to the UK Broadcasting Bill which guarantees that the broadcasting of sports events of general interest is not the exclusive preserve of pay-TV but is part of the service offered by channels with general coverage in the country;

5. Considers that exclusive broadcasting rights for certain sports events which are of general interest in one or more Member States must be granted to channels which broadcast in non-encrypted form so that these events remain accessible to the population as a whole;

6. Emphasises that the news media have a right to free news gathering and the public a right to adequate and rapid information, and that holders of 'exclusive broadcasting rights' should not therefore prevent other TV broadcasters from showing excerpts from or summaries of events in which there is a great public interest by demanding payment beyond that required to cover costs or by making stipulations as to the time of the broadcast; therefore calls upon the Commission to draw up proposals for legislation, and to devise a competition policy, which limit the exclusive nature of broadcasting rights for sporting contests and other public events as set out above;

7. Considers it advisable for radio and television coverage of such events not to be the exclusive prerogative of State concerns but to be open to private stations that provide guarantees of pluralism, economic reliability, technical efficiency and transmission coverage in keeping with the requirements laid down in this resolution and in line with the principles underlying a public service;

8. Considers it the duty of the European Union to identify appropriate monitoring and intervention mechanisms to prevent the emergence, with respect to the negotiations on radio and television rights, of a speculative market in sports events of general interest that conflicts with the rules of pluralism, free movement, competition and equal opportunities enshrined in the Treaty on European Union;

9. Considers that, to promote competition and maximise public access to sport, different transmission rights to the same event should not be sold to a single broadcaster in one package but unbundled and put on the market separately (e.g. live television coverage of an event separate from television highlights and radio transmission rights);

10. Requests that where the broadcasting rights for national sports events have been acquired at national level, these events should actually be broadcast throughout the territory of the country in question;

11. Requests that where the broadcasting rights for a sports event are granted to an encrypted channel, this channel should be obliged to make available, in return for a reasonable fee, extracts of this event to other channels which express an interest;

12. Instructs its President to forward this resolution to the Commission and the governments and parliaments of the Member States.