Sinn Féin commissioned report blames TV rights issues for 'geo-blocking' of RTÉ programmes
A report commissioned by the Sinn Féin economy minister into the blocking of some Irish television programmes in Northern Ireland has found that technical and broadcast rights issues are the main reasons some events can’t be shown here.
Caoimhe Archibald requested that the UK media regulator Ofcom look into the matter, which means that some shows – particularly sports – aren’t available north of the border on broadcasters such as RTÉ.
The body concluded that the principal findings of a 2015 report into the matter “remain substantially relevant today” – citing “territorial rights and imperfect sub-country IP geolocation” as the two “central constraints”.
It suggested the UK and Irish governments could reviewing a 2010 Memorandum of Understanding on digital television services to assess whether it remains fit for purpose. However, it said access to Republic of Ireland “public service content” in Northern Ireland would be “subject to rights and legal constraints”.
Television programmes, including major sporting events, are sold by international rights holders on a nation by nation basis. Therefore, Irish broadcasters like RTÉ or TG4 would need to have the legal right to show events in the UK as well as Ireland in order to avoid having to block the content.
Sinn Féin has repeatedly demanded that all programming by Irish broadcasters is available across the island of Ireland. A recent motion brought by the party to the Assembly called for the removal of “geoblocking barriers” and “fair and equal access to public service broadcasting across the island”.
DUP MLA Diane Forsythe said if Sinn Féin “thinks that a motion passed in the Assembly will change international broadcasting rights, it needs to think again” – and argued that the BBC “gives people living here the right to watch significant sporting fixtures for free”.
In its report, Ofcom said that RTÉ seeks all-Ireland rights “whenever these are available” while TG4 said they “always seek all-Ireland rights in line with its statutory remit and international rights whenever these are available”.
However, Ofcom said that in many cases, “international sporting organisations and their agents sell separate packages for the United Kingdom and the Republic of Ireland”.
"Northern Ireland is normally included within the UK package and bespoke arrangements for Northern Ireland are not always available commercially. Where an alternative arrangement is available, the additional cost may be disproportionate for relatively small public service broadcasters”.
The regulator said broadcasters “continue to face difficulty securing rights for major sports events on an all-Ireland or all-island basis” – pointing out that the “structure and price of rights packages are largely controlled by international rights holders”.
The Ofcom report said that while “technical measures can mitigate some online blocking”, no measure “resolves both rights and location”.
"Any effective approach requires coordinated participation by broadcasters, ISPs, geolocation providers and rights holders”, Ofcom determined.
It suggested that “event-specific cooperation” between UK and Irish broadcasters “may offer limited practical workarounds where sporting bodies and rights holders agree”.
The number of programmes by Irish broadcasters which will be blocked in Northern Ireland looks set to rise. Ofcom said that the shift from terrestrial and satellite broadcasting to Internet Protocol (IP) television “increases the strategic importance of the issue”.
It is harder to block programmes delivered via traditional broadcasting involving TV ariels or satellite dishes.
The economy minister said the practice is “completely unacceptable and must be brought to an end”.
She has asked the governments to start the review suggested by Ofcom.
“I have written again to the British and Irish governments to seek their engagement and cooperation on resolving this issue once and for all”, Minister Archibald said.