# Commission Decision (EU) 2015/1097 of 8 April 2015 on the compatibility with Union law of the measures to be taken by Denmark pursuant to Article 14 of Directive 2010/13/EU on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive), Division: USE OF TELEVISION RIGHTS

Extent: E+W+S+N.I.

Section 4. A substantial proportion of the public is considered to be prevented from following an event on free television unless:
(1) the event is broadcast on a television channel or channels that a total of 90 per cent of all households can access on their television receiver(s) by aerial, satellite, cable or as IP/fibre TV at the time of broadcasting, and
(2) the households receive the event free of charge except for:
(a) a media licence fee and
(b) any subscription fee paid to television operators providing the channel concerned in the least expensive package, or
(c) a subscription fee paid to receive that channel alone in the case of subscriptions not requiring subscription to a package.
Section 5. (1) Television broadcasters that are unable to utilise exclusive rights to an event of major importance for society in accordance with the restriction on the right of use laid down in Section 1(2), see Section 4, and that have acquired exclusive rights to broadcast such an event, see Section 3, may utilise those rights only if they can ensure by agreement with the broadcaster that a substantial proportion of the public is not prevented from following that event by live or deferred coverage on free television.
(2) Television broadcasters that are unable to utilise exclusive rights to an event of major importance for society in accordance with the restriction on the right of use laid down in Section 1(2), see Section 4, and that have acquired exclusive rights to broadcast such an event, see Section 3, shall in good time, and where permitted by the time of acquisition of those rights no later than six months before the event, grant the rights to (groups of) television broadcasters that are able to utilise exclusive rights to such an event in accordance with the restriction on the right of use laid down in Section 1(2), see Section 4, in order to determine whether there are (groups of) television broadcasters that wish to conclude fair commercial agreements to broadcast that event, see (3) and (4) below and Section 8. In cases where it is possible under point (1) of Section 6(1) to broadcast the event by deferred coverage, agreements proposed by a broadcaster or service provider that is unable to utilise exclusive rights to such an event in accordance with the restriction on the right of use laid down in Section 1(2), see Section 4, shall include the right to both live and deferred coverage.
(3) Television broadcasters that have been offered under (1) above an agreement to broadcast an event of major importance for society, see Section 3, shall give written notice of their interest in concluding such an agreement within 14 days of receipt of a written offer containing, in addition to a proposed price and other terms of contract, specific information on the event, including where and when it will be held.
(4) The provisions of (1) above do not apply in cases where a television broadcaster or service provider can demonstrate that no broadcaster or group of broadcasters that is able to utilise exclusive rights to an event of major importance for society in accordance with the restriction on the right of use laid down in Section 1(2), see Section 4, wishes to conclude a fair commercial agreement to broadcast that event.
Section 6. (1) Events of major importance for society as defined in Section 3 shall generally be broadcast live. The broadcasting of such events may, however, be deferred where such deferral is due to objective circumstances, e.g. where
1.. the event takes place at night (00:00-06:00, Danish time);
2.. the event consists of a series of concurrent events, such as the Olympics, or
3.. live broadcasting would require rescheduling of the broadcast of events of major importance for society other than those referred to in Section 3.
(2) Coverage of an event of major importance for society shall generally be deferred by no more than 24 hours.
(3) The provisions of (1)-(2) above do not apply to events broadcast pursuant to Section 5(4).
Section 7. (1) Events of major importance for society as defined in Section 3 shall be broadcast in their entirety, subject to (2) below.
(2) Broadcasting of the summer and winter Olympics, see point (1) of Section 3, may be restricted to broad and representative coverage over a significant length of time of the event as a whole in the form of extracts that adequately reflect the full range of sports and participating countries. Emphasis shall also be placed on coverage of Denmark's participation and on the conditions set out in Section 2. The opening and closing ceremonies shall be broadcast live and in full, subject to Section 6. Parts of the Olympics that are not broadcast under the first and second points may be broadcast on channels that do not meet the requirements of Section 4.
(3) The provisions of (1)-(2) above do not apply to events broadcast pursuant to Section 5(4).

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Source: https://www.legislation.gov.uk/eudn/2015/1097/annex/division/3 (the official version)
Page: https://openlegislation.uk/eu-decision-2015-1097/annex/division-3
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.