The High Court extended an injunction requiring internet service providers to block unauthorised live streams of Premier League football for the remainder of the 2019/20 season and the 2020/21 season.
Mr Justice David Barniville gave the ruling on 15 June 2020 on an application by The Football Association Premier League Limited. The injunction had first been granted in July 2019 under section 40(5A) of the Copyright and Related Rights Act 2000.
The judge reviewed evidence about how the order had worked and whether extending it was appropriate. He said the evidence showed an increased rate of unauthorised streams being disrupted or removed within 60 minutes of detection. Consumer research also indicated a decline in the percentage of football pirates using illegal streaming devices. The court found no evidence of “over-blocking”. Some evidence, the judgment said, was confidential and was before the court without objection from the defendants.
The judge accepted that extending the order was necessary to protect the Premier League’s copyright. He found a low risk of over-blocking and said legitimate rights of internet users were respected. He also concluded that the order struck a fair balance between the Premier League and internet users.
The extension continues a requirement for the defendants to notify customers by publishing a statement about blocked internet servers. The judge also granted the Premier League permission, if it considers it necessary, to apply to update the order’s Schedule 1 once the 2020/21 fixture list is announced. He stressed that updating the schedule was permitted, not required.
Eircom Limited and Virgin Media Ireland Limited took neutral positions. Sky Ireland Limited and Sky Subscribers Services Limited supported the application, while Vodafone Ireland Limited did not oppose it. The court made no order as to costs.