“LIVE” BROADCAST OF ENGLISH PREMIER LEAGUE MATCHES UNDER IMDA’S CROSS-CARRIAGE FRAMEWORK

The 2022 English Premier League season starts this Saturday! A total of 380 matches will be played from this month to May 2023.

As many fans would know, Starhub acquired the broadcast rights for seasons 2022 to 2028 on an exclusive basis.

I filed a PQ with Minister Josephine Teo, Minister for Communications and Information, asking how IMDA’s Cross Carriage Measure (“CCM”) would apply to ensure that fans with existing arrangements with Singtel will continue to have access to “live” broadcasts without being inconvenienced nor penalised.

The Minister’s response is instructive. She stated that, under the CCM, Starhub has the discretion to decide how many channels to allot to Premier League broadcasts and is not obligated to carry all 380 matches on a real-time basis. It does however have to broadcast the non-real-time matches within 48 hours after the matches have ended.

Many football fans are likely to follow their teams on a “live” basis, if possible. In light of the Minister’s explanation, it would be good for both Starhub and Singtel to state upfront which of the 380 football matches will be broadcast “live” and be accessible under the CCM. They should also state the principles guiding their decisions too. This is only fair as good money is being paid by football fans to watch these matches.

My question and the Minister’s answer may be accessed below.

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Mr Murali Pillai asked the Minister for Communications and Information with regard to IMDA’s Cross Carriage Measure (CCM) (a) whether, as a policy, a transmitting or receiving pay TV operator has the discretion not to share or broadcast exclusive content under the CCM; and (b) whether there are measures to ensure that both Singtel and StarHub have a joint obligation to broadcast all English Premier League matches “live” even if the number of matches being played at the material time may exceed the four channels allotted by Singtel and, if so, what are they.

Mrs Josephine Teo: The Cross Carriage Measure (CCM) was implemented by IMDA in 2011 to facilitate competition in the Pay TV market and reduce inconvenience and cost for consumers from having to subscribe to multiple set-top boxes to access content across Pay TV operators. The CCM was subsequently scoped to cover “live” TV programmes acquired on an exclusive basis, to focus on key programmes of consumer interest.

Hence, to the Member’s question, if a “live” TV programme is acquired on an exclusive basis, the CCM requires the Pay TV operator to cross-carry the TV programme in its entirety and under non-discriminatory terms, on all other Pay TV operators’ fibre TV platforms. This is to ensure that consumers are able to access the same content on a standalone basis, via one set-top box, regardless of the Pay TV operator they subscribe to. Pay TV operators are not subject to the requirement if the TV programme is not exclusively acquired.

As StarHub has acquired the broadcast rights for the Premier League Seasons 2022­2028 on an exclusive basis, the CCM applies to StarHub for the Premier League Seasons 2022 to 2028. The CCM requires StarHub to offer the same Pay TV channels and programming that it offers to its own Pay TV subscribers, to Singtel’s Pay TV subscribers through Singtel’s set-top box. StarHub has discretion to decide how many channels to allot to the Premier League broadcasts and is not obligated to carry all 380 matches on a real-time basis. StarHub has to broadcast the non-real-time matches within 48 hours after the matches have ended, on both Singtel’s and StarHub’s Pay TV platforms. IMDA will ensure that their arrangement adheres to the CCM.