Nine and WIN will go to trial in the NSW Supreme Court in April over disagreement on Nine streaming into regional markets.
WIN is alleging that Nine has breached the its program supply agreement and is seeking damages.
Nine will claim it discussed amending the contract to enable WIN to obtain a right to internet stream Nine’s program schedule. However, the two sides failed to agree to terms.
The final trial to be heard on April 13 and 14 will include evidence from a senior Nine employee on the broadcaster’s understanding of the definition of broadcast as well as the means in which Nine streams over the internet.
Although the Broadcasting Services Act 1992 prevents a commercial TV broadcast licence holder from exceeding 75 per cent of the population, it does not extend to live-streaming.
The trial will be heard on April 13 and 14.