Broadcasting Act 2009

166.

Civil remedies.

166.— (1) Where it is alleged by a broadcaster (the “aggrieved broadcaster”) that any activity or conduct prohibited by section 164 or 165 is being, has been or is about to be carried on by one or more other broadcasters (the “other broadcaster”), the aggrieved broadcaster shall be entitled to apply to the High Court for the following remedies against the other broadcaster:

( a) an order restraining the other broadcaster from carrying on or attempting to carry on the activity or conduct prohibited by section 164 or 165 ;

( b) a declaration that the contract under which the other broadcaster received exclusive rights to the designated event is void;

( c) damages from the other broadcaster;

( d) a direction that the right to provide television coverage of the event shall be offered to the aggrieved broadcaster at reasonable market rates.

(2) An application to the High Court for an order referred to in subsection (1) shall be by motion and the Court, when considering the matter, may make such interim or interlocutory order as it considers appropriate.