Legal challenges of media broadcasting rights in Iran with emphasis on comparative-analytical study in selected countries: legal solutions
Poster Presentation
Paper ID : 1855-SSRC
Authors
1استادیار مدیریت ورزشی -دانشگاه پیام نور -تهران- ایران
2استادیار گروه حقوق دانشگاه پیام نور- تهران -ایران
Abstract
.Today, sports competitions have become a big industry and economy, and there must be a precise legal regime to specify the various legal aspects of the right to media broadcast sports events. In this article, we have reviewed and compared the existing legal literature in Iran and other selected countries on this issue, based on the teachings of sports law, as well as the valuable experiences of successful examples in the world.
By researching seven different sports broadcasting countries (Australia, Brazil, Italy, India, South Africa, the United Kingdom and the United States), a comparative analysis of television sports broadcasting regulations observed how contrasting views on television and sport - Economic and socio-cultural – there are two main approaches to regulating sports broadcasting, namely competition law and major events law. And in our country, Iran, broadcasting rights are exclusively reserved for radio and television, which according to the above content, the following amendments are proposed.
The right to broadcast sports events should be recognized as a financial right and one of the sources of income for clubs and those in charge of organizing events, based on the considerations of privatization and professionalization of sports clubs.And between the income from broadcast rights and the income from advertising, a distinction and demarcation should be made, and each of them should be calculated with a separate formula and distributed among the beneficiaries.
It should be determined who the party to the contract with the Broadcasting Organization is(Ministry of Sports and Youth or the Federation or League Organization or Clubs) as well as regarding the possibility of contracting with the competing private networks of the Broadcasting Organization, especially emerging media.Internet, which seems to be outside the scope of the Guardian Council's interpretive opinion number 979/21/79,should be clarified. Regarding the quantity and quality of exploitation by the holder of broadcasting rights, for example, how many times it is possible to broadcast and whether there are any restrictions at all,and in which programming forms they are allowed to broadcast and produce content. The method of distribution of income or share of each beneficiary should be determined carefully.
By researching seven different sports broadcasting countries (Australia, Brazil, Italy, India, South Africa, the United Kingdom and the United States), a comparative analysis of television sports broadcasting regulations observed how contrasting views on television and sport - Economic and socio-cultural – there are two main approaches to regulating sports broadcasting, namely competition law and major events law. And in our country, Iran, broadcasting rights are exclusively reserved for radio and television, which according to the above content, the following amendments are proposed.
The right to broadcast sports events should be recognized as a financial right and one of the sources of income for clubs and those in charge of organizing events, based on the considerations of privatization and professionalization of sports clubs.And between the income from broadcast rights and the income from advertising, a distinction and demarcation should be made, and each of them should be calculated with a separate formula and distributed among the beneficiaries.
It should be determined who the party to the contract with the Broadcasting Organization is(Ministry of Sports and Youth or the Federation or League Organization or Clubs) as well as regarding the possibility of contracting with the competing private networks of the Broadcasting Organization, especially emerging media.Internet, which seems to be outside the scope of the Guardian Council's interpretive opinion number 979/21/79,should be clarified. Regarding the quantity and quality of exploitation by the holder of broadcasting rights, for example, how many times it is possible to broadcast and whether there are any restrictions at all,and in which programming forms they are allowed to broadcast and produce content. The method of distribution of income or share of each beneficiary should be determined carefully.
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