The Supreme Court has overturned a ruling by the Commercial Court granting Consolidated Group, Inc. (CGI), formerly DSTV, the right to pursue legal action against multiple companies, including SATCON, for broadcasting content without authorization.
The case revolves around violating broadcasting rights for the English Premier League, La Liga, and other related sports events owned by Multi-Choice Africa and Super-Sport.
The dispute, which dates back to 2019, saw CGI, led by CEO Simeon Freeman, taking legal action against SATCON Communication Services, K3 Telecommunication, and the Liberia Telecommunications Authority (LTA). Freeman accused these entities of illegally broadcasting sports content owned by Multi-Choice and BEIN Sports in Liberia, which he claimed infringed upon CGI’s exclusive rights to distribute this content.
The Supreme Court’s ruling focused on the validity of the “Representative Agreement” between CGI and Multi-Choice Africa. The Justices determined that the agreement granted CGI sufficient standing to bring the lawsuit despite the defendants’ argument that CGI was not the direct licensee of the content.
The High Court also upheld the protection of content rights, affirming that the broadcasting rights held by Multi-Choice are intellectual property safeguarded by both domestic and international laws. Associate Justice Yurff D. Kaba delivered the ruling and stated that SATCON had violated these rights by broadcasting the content without proper authorization.
The Court issued a permanent injunction, barring SATCON and the other defendants from broadcasting the protected content. It also ruled that a jury should resolve the issue of damages, as the Commercial Court did not have the authority to determine damages in such cases.
“This ruling is a significant victory for content rights holders and reinforces the importance of intellectual property protection in Liberia,” said Ambrose Taplah, legal counsel for CGI. “We are pleased with the Court’s decision and look forward to further legal action to recover damages for the losses caused by this unlawful broadcasting.”
The Supreme Court’s decision nullifies the Commercial Court’s previous ruling and sends the case back for further proceedings on damages. The judgment sets a crucial precedent for future cases involving intellectual property rights and broadcasting in Liberia, emphasizing the need to respect exclusive content rights in the media and telecommunications industries.
The High Court also instructed Cllr. Sam Mamulu, Clerk of the Supreme Court, to remand the case to the Commercial Court for further action, with the defendants now required to cease unauthorized broadcasts of the protected sports content.
