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SLBC cleared to resume ICC broadcasts

by Wasantha Ramanayake

At the culmination of a dramatic legal battle between the International Cricket Council and the Sri Lanka Broadcasting Corporation (SLBC) yesterday, the Supreme Court suspended an enjoining order restraining the SLBC from broadcasting live commentaries of the ICC Champions Trophy Mini World Cup Series currently being played in Colombo.

The court suspended the order until Tuesday (24).

The Bench comprised Justices Mark Fernando PC, P. Eddussuriya and T.B. Weerasuriya.

The court suspending the order observed that with regard to the particulars of the Section 16(2) of the Code of Intellectual Property, the defendant-appellant was prima facie entitled to broadcast the said series subject to the payment of an equitable sum which was to be fixed and also regarding to the balance of convenience i.e. the interest of the public in listening to this broadcast.

The court ordered the SLBC to deposit a sum of one million rupees as security to the credit of this case in the Colombo Commercial High Court on or before September 23 in view of the damages and broadcasting rights claimed by the petitioner-respondent ICC.

Upul Jayasuriya Counsel for the SLBC submitted that the if the enjoining order did not suspend the interest of the third party, interest of the public who listen to the live commentary, would be affected. He further submitted that the Commercial High Court could not issue the said enjoining order in view of the determination by the Secretary to the Ministry of Cultural Affairs who directed the SLBC to pay ten percent of the revenue derived from the said broadcast of the live commentaries.

The SLBC appealed to the Supreme Court being aggrieved by the Commercial High Court order which was issued yesterday around 11 in the morning restraining the SLBC from giving live commentaries of the ICC Champions Trophy Series.

Avindra Rodrigo, counsel for the ICC earlier submitted before the Commercial High Court that the determination of the Secretary to the Ministry of Cultural Affairs was unacceptable; the ICC was not given an opportunity to file an answer for the said application by the defendant, it was not heard and the defendant did not file any document regarding the profit that it would derive from the broadcasting of the series.

Counsel also submitted that there was no possibility of a settlement since they could not accept the determination of the Secretary. The figure arrived at the said discussion was unreasonable. He argued that in terms of the Section 16 (2) of the Code of Intellectual Property the agreed amount should be paid before the commencement of the event, however, SLBC had not yet paid a cent. SLBC never made an application to the ICC regarding the broadcasting rights of the said event when its sister company the Sri Lanka Rupavahini Corporation (SLRC) bought telecasting rights paying US$ 220,000 to the ICC.

Counsel stated that the players were paid by the sponsorships and selling the broadcasting rights and the ICC could not conduct the series when institutions such as the SLBC failed pay for the broadcast rights.

Avindra Rodrigo instructed by FJ and G de Seram Associates appeared for the ICC.

Upul Jayasuriya with Faizer Musthapha instructed by Samararatne Associates appeared for the SLBC. The case was put off for September 23.

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