Simpsons Solicitors

Federal Court dismisses Optus’ attempt to quieten criticism of its TV streaming service from AFL CEO

February 29th 2012

In a recent decision of the Federal Court of Australia, Edmonds J ruled that AFL CEO Andrew Demetriou’s recent statements critical of Optus’ TV Now service did not constitute “misleading and deceptive conduct” under Australian Consumer Law.

The CEO’s statements came in the wake of a recent Federal Court decision that Optus’ TV Now service, which allows users to watch near-live recordings of TV broadcasts, did not infringe the AFL and other sports bodies copyright.

Statements brought before the court included “They are not paying for it; they are lifting it. It is akin to stealing and all it will do is that if sports can’t rely on that revenue, they will slug the consumers.”

In dismissing Optus’ claim, Edmonds J found at [21] that “read as a whole, in the context of the interview given, and in light of the manner in which Optus’ TV Now service operates, Mr Demetriou’s statements are not misleading or deceptive.

See the full text of the decision at http://www.austlii.edu.au/au/cases/cth/FCA/2012/138.html

To read more about this story go to: http://www.copyright.org.au/news-and-policy/details/id/2044/

For inquiries relating to publishing and copyright law please contact Adam Simpson.