The High Court granted the Football Association Premier League Limited an order requiring five internet and media companies to block unauthorised live streams of Premier League matches until 30 June 2020.
In a judgment delivered on 15 July 2019, Mr Justice Robert Haughton said the order was necessary to address continued copyright infringement through illegal live streaming. He described blocking as the most effective and cost-effective remedy, while accepting that it might not prevent every infringement.
The defendants are Eircom Limited, trading as Eir; Sky Ireland Limited; Sky Subscribers Services Limited; Virgin Media Ireland Limited; and Vodafone Ireland Limited. The judgment treats them as intermediaries whose services were being used by third parties to infringe copyright.
The court considered whether the proposed order was proportionate, affordable and sufficiently clear, whether the cost-sharing arrangements were fair, whether affected parties’ rights were respected, and whether its duration and review provisions were reasonable. The judge said the order was relatively complicated but logical, with checks and balances. He also pointed to notice requirements for third parties and their opportunity to apply to the court.
The order sought was initially framed to run through the final match period of the 2019/2020 Premier League season. The judge instead ordered that it remain in force until 30 June 2020. He said the proceedings should be stayed and gave the plaintiff liberty to apply by that date to renew the order. Any further order would be reviewed in light of whether this first order had proved effective.
The judgment referred to evidence and experience from similar UK blocking orders, including research cited there on reduced access to infringing sites and increased use of legal content. It said the affidavit evidence anticipated similar effectiveness in Ireland. Those points supported the court’s reasoning; the judgment does not report a later assessment of the Irish order’s results.