Attorney General, Aiyaz Sayed-Khaiyum is having discussions with concerned parties after communication received from World Rugby (formerly known as the IRB) on the future of broadcasting the HSBC Sevens Series in Fiji under the Television Cross Carriage of Designated Events Decree.

The decree brought in by the Fijian government earlier this year requires all the free to air TV stations to televise designated events which include World Rugby events like the HSBC Rugby Sevens Series tournaments.

Fiji TV was the exclusive rights holder of the 2014/ 2015 HSBC Sevens Series however under the decree they have to share the rights with the other two stations, FBC TV and Mai TV.

In a letter to Sayed-Khaiyum from World Rugby’s Head of Legal and Legislative Affairs and the Head of Commercial, Broadcast and Marketing yesterday, they say World Rugby did not consent to the sharing of the television feed for the HSBC Sevens World Series with anyone other than Fiji TV who hold the exclusive broadcasting rights to show the 2014 and 2015 Sevens World Series.

World Rugby said without prejudice to the foregoing and until this matter has been resolved, World Rugby intends to withhold the feed for the Dubai 7s this weekend and Port Elizabeth 7s next weekend from Fiji TV. 

It said for the record, World Rugby never indicated to the Fiji government it’s position and did not indicate or specify that World Rugby had no objections to the sharing of the exclusive rights granted to Fiji TV.

World Rugby said it was Fiji TV, following an order from the department of the Attorney General’s Office who shared the feed of the Gold Coast Sevens as they felt compelled to do so.

The World Rugby executives said that if World Rugby cannot be sure that its contractual terms can be respected without external interference it has no option but to consider the status of the contract with Fiji TV.

It also said that unfortunately in the case of the Television Cross Carriage of Designated Events Decree in Fiji and the subsequent list of designated events, no prior consultation was sought with World Rugby.

World Rugby said they would have expected that as a party to whom the law is specifically directed, and given the volume of World Rugby events affected like the Rugby World Cup, HSBC Sevens World Series and the Rugby World Cup Sevens, that there should have been a prior consultation process or the opportunity for direct engagement with World Rugby when the World Rugby’s licensed broadcasters in the Fiji territory, Fiji TV are directly affected.

World Rugby also said in its letter that they have also consulted FIFA who also have an event designated under the law and have been made aware by them that they too did not give consent to the sharing of the FIFA World Cup rights with parties other than their licensees.

The letter states that the loss of exclusive rights negatively impacts the value of World Rugby properties in the Fiji market.

It said if this position continues, World Rugby will have no choice but to act to protect its commercial interests and the value of its properties.

They said they share the government’s hope that a satisfactory clarification and conclusion to this situation can be reached in the immediate future which balances the commercial value attributable to the rights licensed by World Rugby which may be adversely affected by the law, with the desire of the Fiji government to broadcast international rugby events to as many Fijians as possible.

It said pending the receipt of the requested clarifications from the Fiji government and further legal advice, World Rugby continues to reserve all legal rights and position in respect of the application of the law to the pre-existing licenses IB Tournaments Limited and Rugby World Cup Limited have granted to Fiji TV.

Fijivillage contacted Attorney General, Aiyaz Sayed-Khaiyum earlier this afternoon.

He said he will comment later.

A meeting was held between Sayed-Khaiyum, Fijian Holdings Limited Chairman, Iowane Naiveli, FHL CEO and Fiji TV board member, Nouzab Fareed and Fiji TV CEO, Tevita Gonelevu earlier this afternoon.

Naiveli said after the meeting that they are now trying to negotiate with World Rugby to ensure that the people of Fiji get the chance to watch the Dubai 7s this weekend and the other upcoming World Sevens Series tournaments. 

Aiyaz Sayed-Khaiyum had earlier said that under the decree, the three television broadcasters, Fiji TV, Mai TV and FBC TV will buy the rights of designated events as a country and pay for the viewing rights based on their viewership.

Sayed-Khaiyum added if a television company already has an existing right, the decree states that the company needs to submit what is the cost of the rights.

He added that the other companies will pay a portion of the cost to be able to show the particular event.

Any free to air TV licensee including any Director or CEO who contravenes the section in the decree relating to the obligation to broadcast all designated events commits an offence and shall be liable upon conviction to a fine not exceeding $500,000 or imprisonment for a term not exceeding 10 years or both.