Nine streaming strategy vindicated as WIN TV loses appeal against former affiliate partner

November 5, 2016 11:35

Bruce Gordon’s WIN TV has failed in its appeal against Nine Entertainment Co live-streaming broadcasts into WIN regions, with the NSW Supreme Court awarding costs against the regional broadcaster.

WIN appealed the decision, originally delivered by Justice David Hammerschlag in April, who rejected its claims the streaming of Nine programming over the internet was in breach of its Program Supply Agreement as a part of its affiliate deal with Nine.

The ruling comes six months after Nine ended the fractious relationship with WIN and signed a new affiliate agreement with Southern Cross Austereo, while WIN subsequently joined with Ten.

In what was dubbed “The Great Geo-Block of Wollongong” WIN had argued that the value of its agreement with Nine was being undermined by the ability of audiences to access content via another means and that streaming delivery was a form of broadcasting under the agreement.

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Simon Canning

Simon Canning was Mumbrella's marketing and advertising editor from 2015-2017. In a career spanning journalism and communications over more than 30 years Simon has become one of Australia’s most respected analysts and commentators on the advertising, marketing and media industries. A regular commentator on radio and TV, Simon has also worked in media in the US and UK .

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