March 26 ruling on TV Olympics row
Local broadcast stations will have to wait until next week for a judgment over the controversial airing of the opening ceremony of the winter Olympic Games.
Bermuda Broadcasting Company (BBC) managing director Rick Richardson appeared in Magistrates' Court on Tuesday to claim that DeFontes Broadcasting (VSB) had no written agreement to receive payment in return for televising the opening ceremonies in February of last year. The court heard that the BBC had purchased the rights to air the Winter Olympic Games from NBC, but could not air the opening ceremony because of technical difficulties.
The BBC then asked VSB station manager Mike Bishop if it would air the programme, instead. The court heard that when Mr. Bishop asked Mr. Richardson if he wanted to discuss costs, Mr. Richardson had said that he would discuss it later with VSB's owner Kenny DeFontes. While on the witness stand, Mr. Richardson said: "We (the BBC) did pay for the rights to air the winter Olympics and we were told by NBC that they had previously spoken with DeFontes. "On the night of the opening ceremony, we were told that managing director Kenny DeFontes was off the Island.
"The reason that we passed it over to VSB was for the public's interest."
VSB has taken the BBC to court in order to get payment for showing the opening ceremony, along with the scheduled advertisements, which the BBC had already been paid for.
It believes that because it showed the adverts, it should be paid some of the money BBC had been paid for them. However, after hearing Mr. Richardson say the programme was handed over to VSB in the public interest and not to earn money, Magistrate Edward King said he did not agree. He said: "Sometimes airlines offer tickets to New York for $99. Why do you think they do it?
"They do it to fill up the remainder of seats. They may have sold 100 seats out of 300, but now maybe they can sell a further 200 at $99 each.
"It's about profit; it's a cut-throat business."
In cross examination, Mr. Bishop asked Mr. Richardson whether he realised that former BBC news director Darlene Ming had requested that VSB broadcast the Olympic coverage until further notice?
Mr. Richardson said: "I am not aware of that. My understanding is that that is not correct."
Mr. King adjourned his ruling until March 26.