2023-06-25 06:06:28
Saturday, June 24, 2023
In accordance with the criminal code, penalties of up to eight years in prison and up to 1,000 smmlv ($1,160 million) are contemplated.
Alex Galvis Mongui
Today the second leg of the Colombian Professional Soccer (FPC) final will be played between Millonarios and Atlético Nacional at the El Campin stadium in Bogota. However, days before the game, the mayors of Bogotá and Medellín announced plans to broadcast the final publicly and on giant screens, something that the company Win Sports, owner of the broadcasting rights of the BetPlay League, did not like. for which reason it issued a statement prohibiting the action of the mayors’ offices.
The company indicated that in case of broadcasting the final without their permission, there may be criminal sanctions for those responsible for the offense.
As explained by criminal lawyer Ricardo Burgos, Win Sports thas the sole rights to broadcast the FPC matchesand anyone who tries to ignore them may incur in crimes that carry a penalty of between four to eight years in prison.
“People who intend to do so openly, such as the mayoress of Bogotá and the mayor of Medellín, and those who intend to broadcast the game in public places, could be involved in the commission of certain administrative offenses and crimes,” added the lawyer. .
At this point, he explained that there would be a caveat within the agreement made by Win Sports, and that is that hefinally be declared an event of national interest. This would cause the rights of the event are declared publicso they would be obliged to open them and the clauses of that acquisition of the transmission rights would have to be looked at.
In addition, article 271 of the Criminal Code clarifies that with the “fraud of the author’s economic rights, sentences of imprisonment of two to five years and fines of 20 to 1,000 minimum wages will be incurred current monthly laws, except for the exceptions provided by law”. With the minimum wage set for 2023, such sanctions they would go from $23.2 million to $1,160 million.
Criminal lawyer Fabio Humar recalled that Colombia, for several decades, has been tasked with vehemently defending intangible property, something that seeks to position the country as respectful and guarantor of development and property of all kinds.
In addition, he explained that there are several situations that can arise: from civil liability, for damages caused by retransmitting a signal without authorization, to the use of criminal law. The use of a signal without authorization from the owner can have several criminal implications: the crime of fraud of fluids, through the violation of copyright.
Agreement with municipalities
The mayors of Bogotá and Medellín, Claudia López and Daniel Quintero, respectively, They publicly requested during the week authorization to broadcast the game on giant screens in public areas of cities. However, Win Sports initially refused with a statement on their Twitter account.
“The mayor’s office or any third party, such as soccer clubs, the media, bars, etc., have not been licensed or authorized for the public retransmission of said content,” the company said in the statement. And he indicated that in case of affecting them, it may be possible to have criminal consequences, with the backed by the Penal Code and copyright law.
However, under pressure from mayors López and Quintero, and with an agreement with Dimayor, Win Sports finally granted the transmission signal to the mayors.
The agreement was announced by the two leaders on their social networks, who announced the transmission sites. In Medellín, the final can be seen in Parque Lleras, while in Bogotá, Mayor López would have Simón Bolívar Park.
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