Watch out!
The debate over foreign satellite systems is once again back on the radar.
Earlier this month in Portsmouth, the FA Premier League (FAPL) and Media Protection Services lost two cases against licensees for showing Premiership football and were forced to drop another three.
However, the reason the licensees escaped is because they were able to prove they were not acting "dishonestly" in broadcasting via a foreign satellite system. And more than 100 than licensees have been successfully prosecuted over the past two years for using a foreign satellite system, according to the FAPL.
Despite this the companies that sell these systems to pubs continue to trade.
The Publican has allowed a spokesman from each side of the debate to have their say...
Dan Johnson, chief spokesman, FA Premier League
"It is easy to see why some pubs are tempted by adverts offering even more live football at discounted rates from foreign satellite systems showing the overseas feed. The old saying 'if something sounds too good to be true then it usually is' is all too appropriate here.
Let's deal with the facts. Showing Premier League games using any satellite system transmitting non-Sky footage in the UK is illegal - no matter what time it is shown, as is using a domestic agreement or 'grey' or copied cards. There are no exceptions, no loopholes in European law and no signs you can put on your premises to exempt you. The fee you are paying does not make it legal and even if you declare it a 'lock-in' or private party you are still committing an offence.
You may have heard about some recent cases, in Bury and Portsmouth, where publicans were found not guilty. These rulings did not relate to law, but to the facts of the case.
Specifically, whether the individual could be proved to be 'subjectively dishonest' - i.e. did they know they were committing an offence when they were caught illegally showing Premiership football. In these couple of instances the court ruled that it could not be proven.
However, both district judges made it clear that the law - under which there have been more than 100 successful prosecutions in the past two years - was not changed. Indeed, we have won several prosecutions since the Brian Gannon case in Bury.
Several myths have emerged regarding the Gannon and Portsmouth cases. One is that these were 'landmark' rulings. And another is that if the Premier League and Sky were confident of the law, why didn't they appeal to a higher court? The simple answer is that, as described above, these cases weren't won on points of law so they cannot bind future rulings and nor can they be appealed.
But the overriding message from the courts is clear: if you have purchased and are using one of these systems you are breaking the law and risk a prosecution which could result in a fine of up to £5,000, payment of costs and loss of your licence.
If pub chains are found to be flouting the law the directors of the company can be brought to account. We will also be pursuing the suppliers of foreign satellite systems who are clearly trying to illegally cash in. Their advertising blurb and statements in the media are deliberately misleading and confusing.
They believe the longer they can stimulate a false debate on this issue the longer they can continue making money off the back of licensees, who in turn are the ones putting their livelihood on the line.
We don't want to make criminals of licensees or put their livelihoods at risk but if they are committing an offence in the knowledge that they are breaking the law we are duty bound to prosecute.
So no matter what anybody tells you, if you install or use one of these systems you are breaking the law and it could result in serious consequences for you and your business."
Joe Ibrahim, managing director, Digital Sales
"The Premier League & Media Protection Services claims it is illegal to use a European satellite system in this country. But we have written confirmation from the UK Patent Office and the Department of Trade and Industry that it is not illegal. If it had been illegal these bodies would have issued proceedings against us.
We received confirmation of this in 2000 and again in December 2005 and with a recent communication as of six weeks ago there has been no change.
I have also spoken to the EC which in turn confirmed that there is nothing illegal in what we are doing.
Under the free movement of goods act if someone even tried to put an embargo on the receivers coming in to the UK then they would be prosecuted under European law.
Digital Sales as a company does not mislead anyone, what we give the customer is the hard facts.
We do not and will not use any unofficial means of supplying the program. Some companies are setting up a card sharing service.
This will never be available from Digital Sales as this is clearly illegal. I would also warn any publican who is offered a service where you pay a weekly rental and you have no card, just a dream box, and must be connected to a telephone line to steer clear of it.
After speaking to a number of barristers and also attending the now famous Bolton Crown Court case the consensus of opinion is that it is at most a civil matter not criminal. Even the Crown Court judge said it needed to go before the High Court chancery division if the Premier League wanted to try to make it illegal to use or sell these systems.
Publicans are being charged for being dishonest for using the system. But can someone define what 'dishonest' means in this context - publicans need to know.
I was arrested over the supplying of these cards and then discharged by the police. Their exact words were 'we have no crime to charge you with'. So the big question from my understanding is as follows: if this is a civil matter, then why is it being pursued through a criminal court?
My own view is this: if they were to pursue it through a civil court it would cost the Premier League a lot of money. To pursue the matter through a criminal court would cost the taxpayer money - that's you and me.
To conclude, this matter will not go away. If the Premier League and MPS are so convinced it is illegal, let's be told what law is being broken."
