Battle ‘after the World Cup’ that may have to duel to the Supreme Court
The 2022 Qatar World Cup ended with Argentina’s third world title. It’s like the final chapter to close the legendary footballer of Lionel Messi, who was once known as “Aliens” who have been in contact with the world’s major football championships. Lacking only the highest honor a world-class footballer can achieve. is to lift the FIFA World Cup trophy under the national team shirt
which he had done on the night of Sunday December 18th
The full fight and the dignity of the loser is the best highlight of the victor’s greatness. More than a decisive win. As such, what contributes to the beautiful and great end of the legend of Messi is the “France national team”, which is the best European football team of the era. which shows the spirit of the former champion who did not give up even at the last minute. Along with the full shine of Kiliang Mbappe who will become a legend “President” of the new movie
The Qatar 2022 World Cup despite a scandalous start There have been allegations of corruption in obtaining the hosting rights to the point of prosecution. The problem of using foreign workers in the construction of the stadium Adjusting the match schedule to match the climate of the host country for the first time in the World Cup held in winter. Questioning and disputing even before the start of the festival right up until the very first kick-off. Whether it comes from Qatar’s regulations that want the World Cup to be in line with religious practices. Importantly, the sale of beer and alcohol is prohibited in the stadium. Discouragement of political expression, which is nothing more than a talk about human rights and equality. That makes some football teams have to find a way to express themselves in a colorful way.
Still, almost a month into the tournament, Qatar 2022 was arguably one of the greatest and most memorable World Cups in history, burying the long-running controversy of the previous paragraph. because in addition to closing down the legend like the epic of Lionel The aforementioned Messi We have also witnessed Japan’s rise to become a full-fledged world-class soccer team. An Asian team that has become one big enough to have a chance to win the World Cup in the future. Morocco’s honorable first semi-final African national team and many more memorable matches
for Thailand This would be a World Cup that we will remember for a long time. And for some people may have to remember the day of death.
Starting from this time, it may be the first World Cup that Thai people almost have no right to watch live broadcasts properly for the first time in more than 40 years, with the problem that almost no one has received the right to live broadcast from FIFA. The compensation set for the first time is as high as 1,600 million baht, which will eventually negotiate until it reaches almost 1,200 million baht and has the right to convey just a few days before the competition.
Plus, when watching, there is a problem with the quality of the live broadcast. IPTV distribution rights battles, legal battles as fierce as with football on screen Let’s talk about it until the last match.
The story started with asking for the right to broadcast with such a high amount of money. No private sector is willing to take the risk of investing. This is a result of the 2 Must Rules, the Must Have and the Must Carry of the Broadcasting Commission. television business and the National Telecommunications Commission (NBTC), so it is The NBTC itself had to “help out” by approving money from the Broadcasting Research and Development Fund. Television and telecommunication business For public interest, a credit line of 600 million baht is given to the Sports Authority of Thailand (SAT) as supported by the fund. And in the rest, the SAT will have to find from other private sponsors.
The problem arises when the largest private sector funding the World Cup broadcasting rights difference. It is a private company that operates telecommunication and television business. Both free TV and subscriptions are also present. Has come to hold many important rights, such as choosing a broadcast channel first The right to broadcast in high definition (Full HD) on your own pay television system (By the part that is broadcast on free tv is in basic definition or SD, which he didn’t because he got a specific license in that system)
But the most significant benefit is the exclusive ownership of the broadcast via internet television or IPTV, which renders other private pay television broadcasters using IPTV unusable. This World Cup
which this matter, if said fairly will not be able to accuse such private person Because he has issued support for the purchase of broadcasting rights from FIFA to 300 million baht, although this is not the largest proportion. But it must be admitted that it was a significant amount of money that made the purchase of the rights from FIFA a success.
This huge amount of money, who will pay for charity or only get half-time or other promotions, so there is nothing wrong with that private person to take advantage of it to be worthwhile. Both the stories broadcast on free TV must be in SD format, which is now considered too low quality. He has expressed his intention to temporarily increase the resolution of his channel to HD or Full HD to the NBTC, but he was not allowed. Including the fact that the way itself has allowed other HD television channels to broadcast in parallel in some matches as well
As if to point out that other private individuals are selfish. Money doesn’t pay but I want to help take photos for free. Because he would consider from the 2 Must rule of the NBTC above that Even if they get the right, they cannot spare each other for their full benefit. In which there is a doubt that If all entrepreneurs knew that if they paid, they would get that right Including being able to block the signal as if it was fully copyrighted Maybe he would be willing to help pay and split the live broadcast more fairly or not.
specific to this issue is therefore SAT and SAT Governor, Mr. Kongsak Yodmanee, who will have to answer questions to society and the judicial process in the future that Entering into a contract or MOU that grants such private rights in compliance with relevant laws Especially the law on public-private partnership?
Problems with IPTV systems not being able to broadcast the World Cup which estimates that there will be about 1 million people suffering damage that may have to solve the problem by finding “Shrimp antennae” (which actually is a digital television receiver) to use or can’t stand it, may have to apply for a private television or internet package that has been granted rights like this “owner of money” the largest amount That is, the NBTC must heat the seat.
because it actually took The approval of the NBTC’s fund is actually considered in a light gray tone. Because if looking at the objectives of the fund Which clauses refer to the power and approval of the said fund according to Section 52 of the Act on Organizations to Assign Radio Frequency and Regulate Radio Broadcasting Business television radio and Telecommunications Business B.E. 2553, subsection (2) that must have objectives “…promote and support the development of communication resources Research and development in broadcasting business television business and telecommunications Including the ability to know how to use technology in the use of frequency bands information technology Assistive technology for the disabled, the elderly or the underprivileged as well as the telecommunications industry and continuing industry…” and using funds to support the live broadcast of the World Cup that the Thai national team did not participate in It is quite a “drag rub” away from the intent of the law above.
However, when dragging and rubbing together, it must be as beneficial as The NBTC has announced that The approval of such funds “…so that all Thai people can watch live broadcasts of all 64 matches of the 2022 World Cup via free TV on all platforms. to promote and protect the rights of persons with disabilities low income earners and underprivileged people to access, etc. …” Like this, when it appears that there are a significant number of users of some television systems who are unable to watch the competition on free TV. It is considered unprofitable as announced. The NBTC has to demand the money back. Because if there is a liability later, for example, after an audit, it turns out that the approval of such funds is incorrect or unlawful. The damages that may have to be personally compensated by the NBTC Commissioners who are involved will not be too serious.
which if the SAT will not accept the said refund would have to use the channel to file a lawsuit in court In which the lawsuit for the refund of such sums should, in principle, have to go to the Administrative Court. Because it is a fund support contract that clearly states that it is a “public interest” fund that should meet the definition of “Administrative contract” means a contract in which at least one of the parties (In this case, both parties) are administrative agencies or persons acting on behalf of the state. and has the nature of a contract to provide public services
The thing to be careful about is that this issue may have one party claiming that it is a case that is not within the jurisdiction of the Administrative Court. because it is a copyright dispute or broadcasting rights must go to the jurisdiction of the Intellectual Property Court and then proceeding to dispute the jurisdiction of the courts according to the law deciding the jurisdiction between the courts to be complicated
Therefore, the relevant parties must look at and decide whether This is not a dispute over who has better intellectual property rights. Or the right to broadcast live is who? or have the right to exploit how much But it is a problem whether the money received from the support, which is an administrative contract, is used correctly according to the terms specified in the contract or the MOU that the NBTC agrees to support with SAT or not.
Most importantly Must not forget and reiterate that this problem is at the root cause. It comes from the 2 Must rule that is inconsistent with the realities of the world. Interfere with free trade and business operations Including matters that do not take into account problems that will arise between the laws of NBTC and other related laws It is also intellectual property law.
The part that will follow The court ruled that contract or agreement of The SAT and the private sector did not comply with the agreement with the NBTC and ordered them to return the said 600 million baht. and may require interest or other expenses Who or where will you get the money back?
The matches dragged on for over 120 minutes, culminating in a penalty kick to determine the winner of this World Cup final. If the older Korean language He will call this year’s champion “duel to the supreme”.
The battle of lawsuits that will follow after this World Cup. From the first round of measurement and one shot in the Intellectual Property Court Then they may go to each other in the playoffs at the Administrative Court, but will go to the “penalty” duel to the Supreme Court at the Criminal Court for corruption and misconduct cases or have to continue following each other.