Is DSTV Exclusive Rights for Rugby etc. legal?

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madmax2010

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The National Emblem and Sports that represent the country are national assets. Since Rugby, Cricket etc. is SA Sports under national emblem, I think there are constitutional and competitive grounds that the exclusive broadcast rights of DSTV may be illegal and consideration should be given to challenge the legality thereof. National Assets cannot be reserved for the elite (those with money) by an elitist company such as DSTV.

SARU cannot alienate that which they do not own through a bidding process. SARU is a custodian of the Protea for Rugby and cannot alienate and reserve broadcasting rights for elitists. It can maybe award such rights on condition that all broadcasting entities have equal access to those rights at set rates. Even if the awarding of exclusive rights is done elsewhere in the world, our consitution is the most modern in the world and gives different rights and wrongs to our citizens and companies than other countries award theirs. This is why, for instance, we don't have the death penalty but the USA does.
 
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This is the whole unbundeling of channels debate that is going on.
It is not illegal, supersport send their cameras to shoot it... and then you can buy the rights from them and in turn they buy the rights from cricket SA or rugby SA.
But I see where you are coming from, the problem is that SARU and CSA sign contracts with SS that is worth millions.
 
StellenboschStudent said:
This is the whole unbundeling of channels debate that is going on.
It is not illegal, supersport send their cameras to shoot it... and then you can buy the rights from them and in turn they buy the rights from cricket SA or rugby SA.
But I see where you are coming from, the problem is that SARU and CSA sign contracts with SS that is worth millions.
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I think it is the fundamental right of each citizen to have access to that which is national, in this case a sport with the national emblem. It is only the elite which currently have access - this is clearly wrong.

As far as competition goes, competitors have no access whatsoever to live transmissions, so there is no competition.

Oh, and if a more "minor" game in the curry cup is played and DSTV does not feel like televising it live, then no-one has access. This means we live in a society where business have zero social responsibility and is purely driven by greed (profit). Society will therefore have an ever greater tendency to do what the fashion trends and business profits prescribe and less morals which explains the exponential growth in crime and coruuption without remorse. Society will become more sick until business is forced to a more socially reponsible model.
 
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madmax2010 said:
I think it is the fundamental right of each citizen to have access to that which is national, in this case a sport with the national emblem. It is only the elite which currently have access - this is clearly wrong.

As far as competition goes, competitors have no access whatsoever to live transmissions, so there is no competition.

Oh, and if a more "minor" game in the curry cup is played and DSTV does not feel like televising it live, then no-one has access. This means we live in a society where business have zero social responsibility and is purely driven by greed (profit). Society will therefore have an ever greater tendency to do what the fashion trends and business profits prescribe and less morals which explains the exponential growth in crime and coruuption without remorse. Society will become more sick until business is forced to a more socially reponsible model.
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You want to watch it so bad buy a ticket and go to the stadium.

this is how it works all over the world, one company buys the rights, they show it exclusively in their home country, and sell it to overseas companies for their viewing.
if it wasnt we would not have acess to overseas games.
 
madmax2010 said:
I think it is the fundamental right of each citizen to have access to that which is national, in this case a sport with the national emblem. It is only the elite which currently have access - this is clearly wrong.

As far as competition goes, competitors have no access whatsoever to live transmissions, so there is no competition.

Oh, and if a more "minor" game in the curry cup is played and DSTV does not feel like televising it live, then no-one has access. This means we live in a society where business have zero social responsibility and is purely driven by greed (profit). Society will therefore have an ever greater tendency to do what the fashion trends and business profits prescribe and less morals which explains the exponential growth in crime and coruuption without remorse. Society will become more sick until business is forced to a more socially reponsible model.
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And if SABC can't afford it - such as some of the Bafana games that DSTV aired without exclusivity, but SABC would not pay for? Is this a communist case of all or nothing - either we all get to watch for free or none of us do? Utter bollocks, if Multichoice can afford it then I'm happy to pay to watch it - better than a kick in the gonads.
 
phaktza said:
And if SABC can't afford it - such as some of the Bafana games that DSTV aired without exclusivity, but SABC would not pay for? Is this a communist case of all or nothing - either we all get to watch for free or none of us do? Utter bollocks, if Multichoice can afford it then I'm happy to pay to watch it - better than a kick in the gonads.
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Unfortunately its not bullocks in the case of a constitutional state such as ours and when it's about national assets such as national sports teams. Its not even communist either - its what South African is suppose to be according to our constitution. Don't forget the competition law as well..
 
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If ANC really care so much on transformation in sports they'll have to break Monochoice's stranglehold on sports
 
madmax2010 said:
Unfortunately its not bullocks in the case of a constitutional state such as ours and when it's about national assets such as national sports teams. Its not even communist either - its what South African is suppose to be according to our constitution. Don't forget the competition law as well..
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Ok comrad checked the costutution
we got:
the right to human dignity.
the right to life,
the right to freedom
freedom from slavery, servitude or forced labour.
freedom of thought and freedom of religion.

ETC, ETC.
No right to free sport on TV (which is a luxury by the way not a right) any where in the constitution, but will read it tonight to make sure
 
Does the government pay anything towards the national rugby team? If they do that then DSTV should not have the exclusive rights. If they dont take any of our tax money then what they are doing is fine.
 
Aren't CSA, SARU and SARFU mostly commercial ventures (Pty Ltd) that need to generate a profit? Makes sense then that they would sell rights to the highest bidder.
 
isie said:
Ok comrad checked the costutution
we got:
the right to human dignity.
the right to life,
the right to freedom
freedom from slavery, servitude or forced labour.
freedom of thought and freedom of religion.

ETC, ETC.
No right to free sport on TV (which is a luxury by the way not a right) any where in the constitution, but will read it tonight to make sure
Click to expand...

By the way - I'm not a Comrad - I am a pure boertjie hating pure capitalist exploitation. I love what is right - got it, I think we need some legal experts to comment here.
 
ghoti said:
Does the government pay anything towards the national rugby team? If they do that then DSTV should not have the exclusive rights. If they dont take any of our tax money then what they are doing is fine.
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The government certainly pay a lot in school fees where the national rugby bodies have responsibilities, but no one even get their local and regional rugby matches aired on TV. Who is stopping them?
 
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stevenv said:
Aren't CSA, SARU and SARFU mostly commercial ventures (Pty Ltd) that need to generate a profit? Makes sense then that they would sell rights to the highest bidder.
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They are all "not for profit" and custodians of our relevant national sports emblem. Our sports ministry can intervene in certain limited circumstances. Certainly our competition authorities can intervene if they get enough complaints. Our sports ministry is currently intervening in Cricket administration to root out corruption - or is supposed to be.
 
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isie said:
Ok comrad checked the costutution
we got:
the right to human dignity.
the right to life,
the right to freedom
freedom from slavery, servitude or forced labour.
freedom of thought and freedom of religion.

ETC, ETC.
No right to free sport on TV (which is a luxury by the way not a right) any where in the constitution, but will read it tonight to make sure
Click to expand...

What human dignity do you have when someone breaks into your house and moers you and your wife till you blue even though you in your 80's and are defensless and then they steal your money and jewellery,etc.
And what about the right, the democratic right to get the government to implement the death penalty as the majority (of innocent) people want in this country. Maybe that's not important as sport...
 
madmax2010 said:
They are all "not for profit" and custodians of our relevant national sports emblem. Our sports ministry can intervene in certain limited circumstances. Certainly our competition authorities can intervene if they get enough complaints.
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How can they intervene?

MC bid for the rights, and won the contract.

MC don't then refuse to sell the content on to other ppl, they gladly do so since it brings money in for them.

Just because you are bitter that MC have the bank balance to win the majority of the contracts, why must it now be "illegal" for them to do so?
 
MR.C said:
What human dignity do you have when someone breaks into your house and moers you and your wife till you blue even though you in your 80's and are defensless and then they steal your money and jewellery,etc.
And what about the right, the democratic right to get the government to implement the death penalty as the majority (of innocent) people want in this country. Maybe that's not important as sport...
Click to expand...

I really sympathise and agree fully, but it is of a diffrent topic.
 
No, its not of a different topic..

You are trying to pass off a "hobby" as a right, and it isn't a right.
 
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