Fijileaks
  • Home
  • Archive Home
  • In-depth Analysis
    • BOI Report into George Speight and others beatings
  • Documents
  • Opinion
  • CRC Submissions
  • Features
  • Archive

World Rugby gives Aiyaz Khaiyum and Chief Justice Tony Gates legal lesson in international law; the much-hated television 'rugby decree' was signed off by Gates as Vice-President!

8/12/2014

13 Comments

 

"We take note of the Fijian Government’s interpretation of the Law which would require Fiji TV to share the feed of events it has been granted access to pursuant to the existing licence for the HSBC Sevens World Series 2014/2015. We remind the Fiji Government that World Rugby is based outside of the jurisdiction of Fiji and Fijian law does not have extra-territorial effect." World Rugby letter to Aiyaz Khaiyum, A-G, Minister for Justice and Communications, 2 December 2014

Picture
Picture
Picture
Picture
Picture

PictureLaughing in our face despite legal blunder
To:
Honourable Aiyaz Sayed-Khaiyum
Minister of Communications & Attorney General
7th Floor, Suvavou House
Box 2213, Government Buildings
Suva, Fiji

Copy to:
Honourable Prime Minister of Fiji
Office of the Prime Minister
New Wing Government Buildings
PO Box 2353 Government Buildings
Suva, Fiji


2 December 2014


Dear Mr Sayed-Khaiyum,


Retrospective application of the Television (Cross-Carriage of Designated Events) Decree 2014 which became law on 29 May 2014 to existing licences

We refer to recent correspondence between us in respect of the above subject matter.

Your letters dated 10 October 2014 addressed to the Chairman of the International Rugby Board and Fiji Television Limited (“Fiji TV”) respectively, do not, regrettably, accurately reflect the position we World Rugby (formerly the International Rugby Board) have communicated to you both in writing on 7 October 2014 and in verbal communications in that period with staff members of your Office. For the sake of completeness and to ensure that there is no misunderstanding this letter reflects our current position given the information we have in respect of the Television (Cross-Carriage of Designated Events) Decree 2014 (the “Law”) at this time.

At the outset we wish to make clear that World Rugby is respectful at all times of applicable national laws. However, it has been our experience in the past that the countries which have brought in similar legislation or directives to that of Fiji have engaged in a prior consultation process involving World Rugby. Naturally we are keen to ensure that there is a balance struck between access to events of national importance for citizens of that country and that of the economic impact that World Rugby experiences as a direct and/or indirect consequence of the legislation or directive imposed.

No Prior Consultation
Unfortunately in the case of the Television (Cross-Carriage of Designated Events) Decree 2014 and subsequent list of Designated Events, no prior consultation was sought with World Rugby and indeed no notice of the impending Law was advised to us prior to its enactment or even proximate to its implementation. We would have expected that as a party to whom the Law is specifically directed, and given the volume of World Rugby events affected namely the Rugby World Cup, HSBC Sevens World Series and Rugby World Cup Sevens (the “World Rugby Designated Events”), that there should have been a prior consultation process and/or the opportunity for direct engagement with World Rugby when we and our Licensed Broadcaster in the Fiji territory (Fiji TV) are directly affected.

Specifically, World Rugby (including for these purposes our affiliated companies IB Tournaments Limited and Rugby World Cup Limited) was given no notice by the Fiji Government of the potential application of the Law to the existing licences we have agreed with Fiji TV on an exclusive basis. The first correspondence from the Fijian Government on this subject was an email on 8 October 2014, notwithstanding the activation of the Law some four months earlier.

We take note of the Fijian Government’s interpretation of the Law which would require Fiji TV to share the feed of events it has been granted access to pursuant to the existing licence for the HSBC Sevens World Series 2014/2015. We remind the Fiji Government that World Rugby is based outside of the jurisdiction of Fiji and Fijian law does not have extra-territorial effect.

We further have difficulty understanding the underlying requirement that Fiji TV should share the HSBC Sevens World Series event with other Free to Air (FTA) broadcasters when Fiji TV is itself broadcasting the event on an FTA basis and thus reaching the populace of Fiji – which is surely the underlying objective of the Law? That aim is already achieved without the necessity of further sharing by Fiji TV of the HSBC Sevens World Series Rights with third party competitor broadcasters and thereby interfering with its exclusive contractual rights with all the economic and operational disadvantages that entails.

We have also consulted FIFA who also have an event designated under the Law, and have been made aware by them that they too did not give consent to the sharing of the FIFA World Cup Rights with parties other than their Licensees.

Incorrect Public Statements
We also dispute the assertions which have been made orally by representatives of your Office to Fiji TV and separately in the Fiji press (including but not limited to ‘The Sun’ newspaper dated 11 October) attributed to yourself “that the IRB itself has no objections for the series to be aired on all three free-to-air televisions companies”. For the record, World Rugby (formerly the IRB) never indicated to the Fiji Government our position and specifically we did not indicate or specify that we had no objections to the sharing of the exclusive rights we had already granted to Fiji TV. Our communication with your Office has been to the effect that World Rugby is still reviewing the matter – that does not give or imply consent in any fashion. Therefore the use of our communication in a fashion where it is presented as giving consent when clearly it did not is unacceptable, incorrect and totally misleading to the Fiji public.

For the sake of absolute clarity, World Rugby did not consent to the sharing of the Feed for the HSBC Sevens World Series with anyone other than Fiji TV. It was Fiji TV, following an order from your Department who shared the Feed of the Gold Coast Sevens as they felt compelled to do so. That now means that the provision of the Feed for future HSBC Sevens World Series Tournaments to Fiji TV, as a direct consequence of the Fiji Government intervention, is now at risk. If World Rugby cannot be sure that its contractual terms can be respected without external interference it has no option but to consider the status of the contract with Fiji TV.

Economic Effect
The effect of legislated sharing of an otherwise exclusive broadcast is to lessen the value of the broadcast rights. In broadcasting, an exclusive product is worth more than a publicly available one. Licensees are able to charge an “exclusive premium” to sponsors and advertisers of that product. This in turns increases the price that World Rugby can charge for the product and therefore more funds are available for reinvestment in the Game of Rugby and Sevens in particular.

Such financial issues naturally have consequences which affect World Rugby. The Law now prevents World Rugby from marketing its rights on an exclusive basis in Fiji in respect of three Rugby properties. This loss of exclusivity negatively impacts the value of these properties in the Fiji market. If this position continues, World Rugby will have no choice but to act to protect its commercial interests and the value of its properties.

This also affects Fiji TV, our exclusive Licensee. We are informed by Fiji TV that their advertisers are looking for recompense now that the exclusive arrangements in place between them and World Rugby have purportedly been adjusted and there is no specific provision in the Law to address any loss they may incur as a direct consequence of the forced sharing of the Feed with other FTA broadcasters. What will the Fiji Government do to recompense Fiji TV for its enforced sharing of the Feed to HSBC Sevens World Series Gold Coast tournament and what proposals does it have for the remainder of the Series?

Fiji Government Assurances
We welcome the Fijian Government’s stated aims of working in collaboration and partnership with all stakeholders to promote Rugby and Rugby Sevens. However, this is best evidenced by working with the International Federation for World Rugby rather than taking unilateral actions without notice which interfere with pre-existing contractual rights. It is notable that the ultimate recipients of the funds garnered from those exclusive broadcast rights are the national Unions in membership of World Rugby, including the Fiji Rugby Union.

To this end, we share your hope that a satisfactory clarification and conclusion to this situation can be reached in the immediate future which balances the commercial value attributable to the rights licensed by World Rugby which may be adversely affected by the Law, with the desire of the Fijian Government to broadcast international rugby events to as many Fijians as possible.

World Rugby’s Position
At this time, pending the receipt of the requested clarifications from your Office (or other relevant Ministry of the Fiji Government) and further legal advice, World Rugby continues to reserve all our legal rights and position in respect of the application of the Law to the pre-existing licences IB Tournaments Limited and Rugby World Cup Limited have granted to Fiji TV.

Without prejudice to the foregoing, and until this matter has been resolved, World Rugby intends to withhold the Feed for the next tournament of the HSBC Sevens World Series in Dubai (5-6 December 2014) and if necessary in Port Elizabeth (13-14 December 2014) from Fiji TV.

We await your considered response.

Yours sincerely,
______________________
Susan Ahern
Head of Legal & Legislative Affairs
_____________________
Murray Barnett
Head of Commercial, Broadcast & Marketing
Copy by email to Fiji Television Limited CEO – [email protected] and [email protected]



13 Comments
Cross-wired
8/12/2014 04:57:09 am

Certainly, Cross-Carriage is a Miscarriage of Justice.

Reply
Pissed-OFF
8/12/2014 05:10:25 am

Thank You Susan Ahern for straightening this matter out.

You would now appreciate how twisted the minds of our AG, our PM and our CJ really are.

They are very self-fish people and because of that - we the people of Fiji, the rugby sevens fanatics, have been denied the pleasure of watching the Dubai Sevens. The PM knew he will watch the game live in Dubai - He didn't give a shit to or about us.

Reply
PIMP link
8/12/2014 10:57:25 am

Your PM the coup maker cum self-appointed PM cum fake election PM is not about you people; he is about himself - Frank Bainimarama!
If you people didn't realise that earlier you should realise that now.

Reply
toad in the well link
8/12/2014 11:05:26 am

Fiji's attorney general Aiyaz sayad Khaiyum reminds me of the Toad in the Well story. The toad puffs himself up and struts about in the well thinking his world is bigger than the world outside.
Khaiyum the mediocre lawyer's mediocrity has been exposed and he looks like an intellectual imbecile together with the Chief Justice Anthony Gates. These so called leaders bring the country into disrepute and damage the interest of the people of Fiji as this sordid case amply demonstrates.

Reply
Agree
8/12/2014 12:19:31 pm

Yes, and this mediocre Khaiyum, by himself, writes a Constitution which basically ONLY protects his miserable arse (and maybe Baini's too) and he IMPOSES that as Fiji's 2013 CONSTITUTION on the people of Fiji. How bloody pathetic is that??

And Gates who said that no man or his monkey can abrogate the 1997 Constitution, has said nothing else since which contradicts his earlier said dictum.

Reply
Gates needs Psyciatric Check up !!!!!
8/12/2014 12:28:58 pm

At first he said 1997 Constitution is unabbrogateable, then he swears into serving under abbrogated constitution, purportedly justifying judiaciary must continue. And listens to no cases against Govt sighting decrees are supreme.

After so many years of experience and having given judgements in a number of cases in his entire career, he signs off a decree to undermine good business practice to commercial company Fiji TV to its rightful ownership of its property in which they invested in.

If our dumb President Nailatikau signed the decree, I could understand. But Gates who could have told Aiaz mate... this one is meddling with international transactions and to please resumbit when the Dumb President returns that he could not sign such decrees.

But Gates thought is is untouchable as NZ and Australia, USA are leaking their boots while he has save passage out of Fiji if required. Or actually he would seriously look forward to go to prison to serve those who he put behind bars.

Reply
Pissed
8/12/2014 01:00:09 pm

Kaiyum is actually incharge of Fiji. The Fake PM listens to him. Kaiyum (AG) and Kaiyum (CEO of FBC) are brothers and they are trying their best to run the country the way they want. Their interests comes first than any other in Fiji.

Reply
Indeed
9/12/2014 01:16:58 pm

And that is why he is sitting as Finance Minister. He paid off RFMF boys and body guards to save them by handout unaccounted money dished out by PM's office to extra expense for RFMF.

Then to ensure money machine remains rolling for continued payments to RFMF over next 4 years, you see his RFMF budget has not dropped.

So Slogan is - Money buys RFMF for protecting Khaiyum and his gang.

Reply
Carlton
8/12/2014 01:07:01 pm

the giraffe met the mountain.

Reply
GatesGate
8/12/2014 01:18:04 pm

Someone's earlier post but very appropriate now too -

"Mean-whilst, CJ Gates too (once a man of ‘mana’ of international acclaim, upholder of Constitution) was caught ‘fiddling’ the transport allowance – Can you imagine?? (OAG Report). Now what Greed motivated such bad karma CJ Gates?? How is this ‘fiddling’ any different, from say, Mahendra Patels’ or even Mahendra Chaudharys? – Is it not the same difference - CJ Gates??

And one more VERY important question to CJ Gates – When would a magistrate be found to hear the case of the pedestrian (citizen) killer, Hon. Praveen Bala?? "

Reply
salulu link
8/12/2014 03:03:21 pm

just as a man's member can go salulu and become ineffective like wise a man's moral compass can go salulu and become defective.
That is the story of Khaiyum and Gates and others in the fake Fiji First team.

Reply
avatar
10/12/2014 02:37:45 am

Ah Hah!!! Two well known world bodies now putting the so called masterminds of this charade we are going through, right where they belong within a matter of weeks.
First it was World Human Rights Commission in Geneva giving them an ultimatum "Review your Constitution by March"
Next a lesson from IRB "Your laws that you call decrees do apply beyond your EEZ"
What a real embarrassment and total f****p !!!!
"

Reply
Will of the People
11/12/2014 09:36:43 am

The pertinent question about the 2013 Constitution is this :

Does the 2013 Constitution reflect the general 'will' of the people of Fiji??

And the answer to that question is :

No, It is reflective of only three willies; that of Baini, Aiyaz and CJ Gates.

Reply

Your comment will be posted after it is approved.


Leave a Reply.

    Contact Email
    ​[email protected]
    Picture
    Picture
    Picture

    Archives

    June 2025
    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    November 2024
    October 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    July 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    December 2018
    November 2018
    October 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    August 2015
    July 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015
    December 2014
    November 2014
    October 2014
    September 2014
    August 2014
    July 2014
    June 2014
    May 2014
    April 2014
    March 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    September 2013
    August 2013
    July 2013
    June 2013
    May 2013
    April 2013
    March 2013
    February 2013
    January 2013
    December 2012
    October 2012
    September 2012