Minister rejects SingNet appeal on MDA direction to cross-carry BPL matches

See the Minister's full arguments.

On 24 April 2013, the Media Development Authority of Singapore (MDA) issued a Direction to SingNet Pte Ltd (SingNet) to cross-carry the Barclays Premier League live matches (BPL Content) over the next three seasons, starting from 2013/2014 to 2015/2016.

On 26 April, SingNet submitted both an appeal to the Minister for Communications and Information against MDA’s Direction and a request for the Direction to be suspended pending a decision on the appeal. On 6 June 2013, the Minister decided against suspending MDA’s Direction, and SingNet was required to continue its efforts in making the necessary arrangements to cross-carry the BPL content while the full appeal process continued.

The Minister, having carefully considered the written arguments from both SingNet and MDA, has decided to reject SingNet’s appeal against MDA’s Direction.

The Minister’s decision to reject SingNet’s appeal was made based on the assessment of a number of factors. A key consideration was whether certain clauses in the agreement between SingNet and the Football Association Premier League Limited prevent or restrict or are likely to prevent or restrict the BPL Content from being acquired or otherwise obtained for transmission on selected network platforms in Singapore by other pay-TV operators. The Minister considered the qualitative and quantitative effects of these clauses.

The Minister also noted that the key objectives of the Cross-Carriage Measure include addressing the high degree of content fragmentation and encouraging pay-TV operators to shift from a content-centric strategy to other forms of competition, such as service and content innovation. Pay-TV operators should keep this in mind and continue to provide better value to the consumers. The Minister has also suggested that MDA consider providing further guidance on the circumstances that may trigger the Cross-Carriage Measure so that pay-TV operators can provide more certainty to consumers.

In assessing the appeal, the Minister provided both SingNet and MDA with sufficient opportunity and time to submit their written arguments on the appeal.