Nine has won the case against WIN Television over its Live Streaming service 9NOW.
Justice Hammerschlag dismissed the case today in the NSW Supreme Court.
WIN had claimed Nine is denying it advertising revenue by the 9Now Live streaming service being accessible in WIN markets.
Justice Hammerschlag said, “I have concluded that live streaming is not broadcasting within the meaning of the PSA (program supply agreement), and that Nine is under no express or implied obligation not to do it.
“WIN’s claim for an injunction must therefore be refused.
“WIN’s proposition that its exclusivity is undermined by Nine being able to internet live stream begs the question as to what exclusivity it got.
He ruled WIN only enjoyed exclusivity to broadcast free-to-air in the WIN licence areas.
A Nine spokesperson said, “We are pleased with the result and it vindicates our position.”
In a statement WIN said, “WIN is obviously disappointed with the outcome of the case. “This case further highlights the absolute absurdity of the 75% audience reach rule in this digital age and the need for the Turnbull government to remove this outdated legislation with a greater sense of urgency.
“The case should also serve to remind regional broadcasters entering into future affiliation agreements that the value of these agreements is decreasing as metro broadcasters set out to erode regional broadcaster value by directly competing with their affiliates for viewers and revenue in regional Australia.”
The ruling is a landmark decision as the industry debates Live streaming into regional markets.
WIN and Nine are currently in an extended period on their affiliation deal until June after a disagreement on revenue.
A hearing for costs is set for May 6.