Broadcast rights of PSL 7th, 8th editions: LHC moved to challenge state TV’s consortium with ARY

LAHORE: A writ petition has been moved in the Lahore High Court challenging the state broadcaster’s consortium with a privately-owned media house ARY to obtain broadcast rights for the Pakistan Super League, edition 7th and 8th.

A top Pakistani advertising agency, in its petition, argued that any state functionary cannot act in a manner to benefit a private party without any transparent, open and competitive bidding process.

The petition makes the Ministry of Information, the state broadcaster, ARY and Dr Nauman Niaz, Director Sports of the state broadcaster as respondents.

“The state broadcaster was at liberty to bid for the Rights independently but it has violated the public law by forming a joint venture/consortium with a private party without offering the same publicly through an open and competitive process, the petition maintained.

Last month, the state broadcaster, secured the broadcast rights of PSL 7 and 8, after forming a joint venture with privately-owned channel ARY. The petitioner, who had won the PSL broadcasting rights for 2019 and 2020 edition, through the instant petition has challenged the partnership/joint venture/ consortium of Respondent No. 2 (the state broadcaster) and 3 (privately owned ARY) maintaining that the venture was formed without any competitive bidding process and without making any attempt to obtain best deal/offer for the public sector enterprise like the Respondent No. 2.

The petitioner maintained that it also learnt through the print and electronic media that the Respondent No. 2, in a writ petition bearing No. 100/2022, filed by the Independent Media Corporation (Pvt) Ltd., has taken the stance that the said partnership/joint venture/consortium was made after a transparent and open bidding process for which the Expression of Interests were sought through advertisements.

The writ petition says the petitioner, in response to the Expression of Interest dated 10.08.2021 submitted its offer/proposal to Respondent No 2. (the state broadcaster) but after submission of the offer/proposal, it was made to understand that the offers/proposal are required only for the International Cricket Council Rights while the broadcasting rights for Pakistan Super League will not be part of the proposed contract.

The petitioner has prayed to the court to declare the joint venture/consortium formed by the state broadcaster with the Respondent No. 3 (ARY) for purchase of Media Rights of the Pakistan Super League for 2022 and 2023 without following the competitive bidding process, is illegal and discriminatory hence of no legal effect, declare that the EOI of 10.08.2021 and entire decision making process thereto does not include PSL Rights hence the Joint Venture/Consortium between the state broadcaster and ARY for PSL Rights under the Contract dated 16.09.2021 is illegal and of no legal effect; Direct the Respondent No. 1 (Ministry of Information) and 2 (the state broadcaster) to provide opportunity to compete the terms offered by the Respondent No. 3 (ARY) to form a Joint Venture/Consortium with the state broadcaster to purchase Media Rights of Pakistan Super League for the year 2022 and 2023; Direct the Respondent No. 1 (Ministry of Information) and 2 (the state broadcaster) to follow competitive bidding process in future while entering into any contract involving public money and public interest; and direct the Respondent No. 1 (Ministry of Information) to submit the contract dated 16.09.2021 entered into between the Respondent No. 2 (the state broadcaster) and 3 (ARY), and all other documents relating to decision making process of Respondent No. 1 (the state broadcaster) accepting the offer/proposal of Respondent No. 3 (ARY) pursuant to EOI of 10.8.2021.

It may be recalled that the honourable Lahore High Court has already instructed the state broadcaster, in a case filed by Geo Super, to submit the document related to its joint venture with ARY. However, despite more than a week being passed, the state broadcaster hasn’t submitted the documents.