Disciplinary Committee fines Istanbul FC GH¢5000 for unauthorized filming, telecast

The GFA Disciplinary Committee has fined Istanbul FC GH¢5000 for allowing UTV to film and telecast their GN Bank Division One League match against Real Athletico at Akim Takyiman without authorization from the GFA.

PANEL
3. Prosper Harrison Addo, Esq. - Chairman
4. Godfred Dame, Esq. - Vice-Chairman
3. W.O.1 J.W. Amoo - Member
4. Godsway Glah - Member
Emmanuel Newton Dasoberi - Secretary
IN ATTENDANCE
Raphael Tottimeh - GFA Prosecutor
THE CHARGE
Istanbul FC was charged with one count of misconduct with regards to the GN Bank Division One League match between Istanbul FC and Real Athletico FC played at Akim Takyiman. Istanbul FC was charged for filming of the match without authorization from the Ghana Football Association and also giving the recording to UTV to telecast in violation of Articles 35(1)(c) and 35(7)(d) the GFA General Regulations.

DEFENCE
Istanbul FC did not respond to the charge even though the Charge Sheet which was sent to the club and was also published on www.ghanafa.org stated that:

You are required to submit your written Statement of Defence to the charge(s) on or before Wednesday, August 26, 2015 on or before 5pm at the GFA Secretariat or through email address to the Disciplinary Committee [email protected], failing which the Disciplinary Committee shall proceed to adjudicate the case without your Statement of Defence.

Should you choose Defence Options 3 (Personal Hearing) in your Statement of Defence, kindly attend the Disciplinary Committee on Thursday, August 27, 2015 at 4pm at the GFA Secretariat to answer to the charge(s), failure which the Disciplinary Committee shall proceed to adjudicate the case in your absence.

PROCEEDINGS AND FINDINGS
The Committee examined the depositions in the Charge Sheet and the reports of the match officials of the said match.

The Committee has established as a fact that the Charge Sheets was sent to Istanbul FC and were also published on the official website of the Ghana Football Association (www.ghanafa.org) which has become one of the official mode of communication for the GFA since the GFA Congress gave the mode its approval on December 30, 2014.

It is the view of the Committee that there is a proof that Article 35(19) of the General Regulations was complied with, and therefore Istanbul FC have no excuse whatsoever for their failure to respond to the charges and the invitation to the GFA Disciplinary Committee.

Article 35(19) reads: “All official correspondence including but not limited to daily and weekly information updates, fines, debts, costs, notices, invitations, decisions, communiqués and any other information of the Association, its bodies, its Organs, its committees or the Secretariat shall be deemed to have been duly served on a club, its officers, players, supporters, agents, representatives or whoever described, if the service of the said correspondence is communicated to the Club or the Club Secretary or the Club owner, or the Club Representatives submitted to the GFA through its fax, e-mail address, postal address, or delivery of a hard copy thereof or is made or published through the GFA newspaper or newsletter or other national newspapers, the GFA website or announced through any radio station or television station or posted on the GFA notice board”.

The Committee holds that it will side with Article 85 of the Disciplinary Code on the facts stated in the match report and the evidence given by the prosecution.

According to the evidence given by the prosecution, a production team from UTV led by Mr. Bongo covered the match for and on behalf of Istanbul FC with the claim that the footage would be used for a documentary on the club. This behaviour of Istanbul FC, according to the prosecution, placed the GFA at risk of a conflict with First Digital TV, the official Television partner of the GN Bank Division One League. The Prosecutor stated further that Istanbul FC could have simply sought permission from the GFA or from First Digital TV as had been done by Premium TV which shows Division One league matches, free of charge on certain conditions.

The Disciplinary Committee is satisfied with the evidence before it that the conduct of Istanbul FC amounts to misconduct and a breach of Regulations of the GFA and shall accordingly apply the necessary sanction against Istanbul FC in this respect.

It is the position of the Disciplinary Committee that copyright violations are serious offences and the therefore wishes to send the rights signals to all stakeholders that the Committee would not countenance such conduct. Clubs have an obligation to act as watchdogs for the GFA Football Association in this respect rather than to allow themselves to be used as a conduit for the violation. Indeed, it is expected that clubs would encourage the television stations to obtain the necessary authorisations to do this same work, at no cost, but upon terms and conditions that would not put the GFA at any risk.

DECISION
The Disciplinary Committee makes the following decisions:

1. That the Disciplinary Committee having satisfied itself that the evidence adduced before it supports the charge against Istanbul FC, hereby fined Istanbul FC an amount of Five Thousand Ghana Cedis (GHc5,000.00) for allowing UTV to film and telecast the match without authorization from the GFA.

2. That the fine stated in Decision 1 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Istanbul FC shall automatically forfeit all subsequent matches after the said deadline in accordance with Article 15(b) of the GFA Disciplinary Code and Article 39(8)(b) of the First Amendment to the GFA General Regulations.

3. That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee (See Article 37(11) of the General Regulations of the GFA).