Federal Administrative Court Ruling: SRG Scores Big Win in Media Policy Battle

by time news

2024-07-19 17:19:06

Cameraman working in Davos.Picture: KEYSTONE

Ice cream master Zaugg

The Federal Administrative Code has made an explosive far-reaching ruling in favor of private media companies in terms of media policy. A huge win for public television.

Klaus Zaug

The initial situation: “MySports” (owned by Sunrise) has acquired the TV and online rights to the National League – the top division of Swiss ice hockey – for five years up to and including 2027 about 30 million per season. The SRG is sitting at the table at the national championship and is only allowed to show three minutes per game.

What is the legal dispute about? Basically with two points.

First, more trivia: When is SRG allowed to show pictures on its routes after a National League game? Although he has no rights, he is allowed to show three minutes of any event – ​​including a hockey game – after the final whistle for the purpose of providing information to the public (public service). Not paying for it.

“MySports” was of the opinion that the rights holder should have a certain time advantage and therefore these three minutes should not be shown well after the end of the match.

The battle for online rights

Second, the most important thing: Which images is SRG allowed to display online on srf.ch? This is the central and leading point in this legal dispute regarding media policy.

Along with the TV rights, the online rights were awarded to “MySports”. Online rights are becoming more and more important in the foreseeable future in the Swiss market than linear TV rights.

The SRG wanted to make the three minutes of each game available online for free on its own website – ie with clips showing each individual game.

SRG vs private media

If this is allowed, then the online rights for the league or the media company acquiring these rights – in this case “MySports” – will lose enormous value in the domestic market. Because the SRG is allowed to use these rights for free. “Blick.ch” has acquired the online hockey rights from “MySports” and has paid to live stream one game per week and – more importantly – to add editorially produced clips for each game. online. A central point in Blick’s online sports editorial offering. These summaries with pictures of each game generate a huge amount of traffic.

ZSC Lions PostFinance top scorer Denis Malgin against Lausanne HC goalie Connor Hughes during game 7 (Belle / Finalissima) in the National League ice hockey playoff final between the teams ZSC Lions ...

ZSC top scorer Denis Malgin checks Lausanne goalkeeper Connor Hughes.Picture: keystone

SRG is also a Titan in the online market and, with one of the widest portals, competes with private media companies in the online market. With a fee-funded editorial staff. The contest financed in this way is an ongoing explosive issue from the point of view of media policy.

“Magazine smoke grenade”

The pioneering judgment of the Federal Administrative Court in this matter is now also available. The SRG comments on it with a “publicity smoke grenade”.

“The ruling of the Federal Administrative Court confirms our view that different perspectives on a sporting event are important and that the public should have access to essential information about public events,” Roland Mägerle, Head of the Sports Business Unit of the SRG and Head of Sports of the SRF. , stated in a statement. “We will soon carry out a detailed analysis of the additional effects of the regulation on our sports program. We will certainly continue to offer our viewers an attractive offer from the top tier of Swiss men’s ice hockey in the coming season.

A great win for SRG

On the first point: The Federal Administrative Court has decided or confirmed the corresponding existing regulation that allows the SRG to broadcast three minutes of a match immediately after the end of the match. A small victory for Leutschenbach.

But the central point is left out in the official announcement: the big win in the online area. The Federal Administrative Court says clearly and unambiguously from a legal point of view: SRG is only allowed to broadcast online exactly as it was shown as a program on linear television. And the whole show. So there is no new nomenclature and version for online. The value of online rights is protected.

That means: No clips, prepared in bit format for the SRF website for the individual games. Big applause for Leutschenbach.

SRG would have to upgrade

In theory, SRG could show a program on its channels on every matchday containing three minutes of each match after the end of the match. With moderation and other news probably from the world of sports, it would probably last half an hour. This program on linear television can be broadcast online. Except completely.

This means that Leutschenbach would have to expand his hockey coverage significantly, even significantly, on game days compared to the past two years. Last season, coverage of the national championship was even postponed and the hockey structure program was cancelled.

Let’s return to Roland Mägerle’s statement: “We will soon carry out a detailed analysis of the additional effects of the control on our sports program.”

We can predict the outcome of this analysis: If SRG wants to fulfill its heartfelt desire to compensate for the loss of live rights for linear TV with a strong and free online presence, the only way to do this is to greatly expand the hockey program. linear television, which can then be distributed online.

Is it going to federal court?

Actually, that would not be a problem: there is a very competent and properly staffed editorial team available. But just: Who wants to watch an entire TV show online when private providers (like blick.ch in this case) offer a summary of every game online?

According to sources, “MySports” will not take the judgment to the Federal Court. SRF has not yet commented accordingly.

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those: key stone / ennio leanza

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