Probably, it is unpopular to take sides in favor of those who make use of a legitimate constitutionally enshrined right, as is the case of Canal del Football which, relying on the freedom to acquire all kinds of goods, except those that nature has made common to all men or that should belong to the entire Nation and the law declares it so, bought the property rights of the transmission of sporting events.
It is not consistent for the public authority to reduce this conflict to a mere difficulty between individuals, when on the other hand it has been the main promoter of a couple of legislative initiatives that precisely seek to make transparent and modernize the management of professional sports clubs.
It is not coherent to refer these matters simply to the decision of a court, when in Chile we have not been able to establish what type of sporting events are of general interest, and therefore capable of being broadcast through open television.
We are facing situations that are clearly difficult to foresee, technological advances in the field of telecommunications, together with the tendency to acquire exclusive rights for the retransmission of events, cause situations that in some way put into conflict fundamental rights enshrined in the constitutional order.
Reconciling these rights ceased to be a matter to be resolved only by individuals in conflict. Safeguarding the right of access to information and guaranteeing the financial stability of sports clubs is an objective that the European Union has even set out to resolve. peut on acheter stromectol sans ordonnance Through Resolutions of the European Parliament on the transmission of sporting events.
Why not think about regulating such rights in our legislation? ivermectin for cats dosage in ml
We can advance in a regulation that pronounces with respect to the cession of the rights of retransmission or emission of sporting events. ivermectin webmd We can also classify certain sporting events or competitions as of general interest which, due to their relevance and social transcendence, must necessarily be스포츠중계 live and through open television.
We can, for example, classify as events of general interest those competitions in which the national teams take part (basketball, volleyball, swimming, soccer, etc.), thus avoiding discrimination between first and second class sports.
Korean legislation
Korean regulations distinguish between the broadcast of television programs of a general or special nature. Obtaining images to broadcast in the former, on television news, is initially free, limiting the broadcast time to three minutes for each competition, which will be freely chosen by the operator. In the case of specialized sports programs, the requirements are more burdensome, since if emissions and retransmissions are authorized, the rights holders must provide the images or the access of the professional equipment necessary to carry out the programs to any operator or programmer. interested, through the payment, where appropriate, of an economic consideration, which will be set according to the total time broadcast, the broadcast time slot, the importance of the sporting event,
The responsibility for classifying certain competitions or sporting events as of general interest is assigned to the Council for Sports Emissions and Retransmissions, currently made up of the President of the Professional Football League, the President of the Basketball Federation, a representative of the Association of Korean Soccer Players, a representative of the Higher Sports Council and the representatives of the television channels.
The general interest
The concept of general interest is an element that in Chile is expressed, although not defined, in the law on freedom of opinion and information.
The general interest can well be defined as something more than the simple sum of individual interests. The general interest pays all its attention to the common interest. Defining the general interest is the responsibility of the legislator, who must ensure its coincidence with the State’s own goals, with the common good.
By associating the general interest, such as the common interest of citizens, situations that are still pending regarding the transmission of certain events that go beyond sports activities can well be resolved.
In my opinion, it is the responsibility of the State to ensure the setting of rules that provide legal certainty regarding the protection of rights, which in this particular situation have apparently entered into a collision.