Radio Africa Wins Copyright Infringement Case Against Standard Group Over EPL Broadcasts

In a landmark ruling, the High Court at Nairobi’s Milimani Commercial Courts has found The Standard Group PLC liable for copyright infringement against Radio Africa Limited over unauthorized broadcasts of English Premier League (EPL) matches during the 2019/2020 season.

Justice Njoki Mwangi delivered the judgment on September 20, 2024, affirming Radio Africa’s exclusive broadcasting rights and ordering an inquiry into damages.The case, Radio Africa Limited v Standard Group PLC & another (Commercial Case E253 of 2019), stemmed from a dispute over live audio commentary rights for the 2019/2020 EPL season in Kenya. Radio Africa, a leading media company operating stations such as Kiss 100 and Radio Jambo, held an exclusive, non-assignable license from Wireless Group Media (GB) Limited to broadcast EPL matches via analogue radio.

The company accused The Standard Group, which operates Radio Maisha, of infringing on these rights by airing live commentary of matches, including Leicester v Wolves, Newcastle United v Arsenal, and Manchester United v Chelsea, on August 11, 2019, despite prior warnings.

The Standard Group argued that live audio transmissions were not protected under Kenyan copyright law and that Radio Africa’s exclusive license was anti-competitive, violating the Competition Act by creating an unfair market disadvantage. They admitted to broadcasting three matches initially but claimed subsequent broadcasts were lawful rebroadcasts under an agreement with the BBC.

However, the court rejected these defenses, finding that The Standard Group’s addition of its own live commentary during rebroadcasts exceeded the scope of its agreement and infringed on Radio Africa’s rights.Justice Mwangi ruled that Radio Africa’s license was supported by Section 26(1)(f) of the Copyright Act, which grants exclusive rights to control broadcasts.

The court also dismissed claims of anti-competitive behavior, noting that other media houses, including The Standard Group, were free to secure rebroadcasting agreements, as evidenced by its deal with the BBC. “No evidence was presented to show that the license’s validity was challenged or declared anti-competitive by the Communications Authority of Kenya,” the judge stated.

While Radio Africa sought aggravated damages for what it called “flagrant infringement,” the court declined, citing that The Standard Group ceased unauthorized broadcasts after an injunction was issued. Instead, the judge awarded general damages and ordered an inquiry to determine the amount, alongside an option for Radio Africa to claim profits made by The Standard Group from the infringing broadcasts.

The court also issued a declaration affirming Radio Africa as the sole local broadcaster with exclusive EPL audio rights for the 2019/2020 season, awarded costs, and granted interest on the damages from the date of filing until payment.The ruling reinforces the sanctity of exclusive broadcasting licenses in Kenya’s media industry, with implications for how media houses navigate intellectual property and competition laws.

Radio Africa’s counsel, Mr. Kahura, hailed the decision as a victory for copyright protection, while Mr. Ochieng, representing The Standard Group, has yet to comment on potential appeals.

The case, initially filed against both The Standard Group and Kenya Broadcasting Corporation (KBC), saw KBC dropped as a defendant in 2023 following Radio Africa’s withdrawal of claims against it.