Cricket Australia, Channel 7 legal fight: Broadcaster says BCCI manipulated schedule

Cricket Australia are steadfast in its legal position as Channel 7 escalates their increasingly tense feud with the governing body by lodging Federal Court proceedings.

Cricket Australia has hit back at Channel 7, taking aim at their free-to-air partner for “talking the game down” following their latest move to lodge proceedings in the Federal Court.

Channel 7 are seeking to discover private documents between Cricket Australia, the BBCI, Fox Sports and state governments to support their allegation that India’s demands turned the summer schedule on its head, not the COVID-19 pandemic.

Cricket Australia sources say the governing body would not be afraid of a courtroom stoush with Seven, if it eventuates, and are steadfast in its legal position.

CA interim chief executive Nick Hockley said cricket would deliver, and condemned Seven’s approach.

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Nick Hockley is far from pleased with the Channel 7 approach.

“With so much positivity around Australian cricket it is disappointing that Seven West Media has again chosen to use the media to talk our wonderful game down,” said Hockley.

“CA has maintained all along our commitment to delivering a thrilling summer of cricket and on behalf of all involved, be that governments, partners, players and staff, I’m proud to say we are doing just that.

“We remain confident in our contractual position. In the most challenging environment sport has faced, with the support of our friends at BCCI, CA has ensured that the much-anticipated

series with India can go ahead safely.

“The first two men’s ODIs between Australia and India set viewership records and is a great indicator of the level of interest in the upcoming Vodafone Test Series for the Border-Gavaskar Trophy, which includes the first-ever day-night Test against India.

“Similarly, the WBBL has been an absolute triumph with regular season matches setting new audience records and both semi-finals rating almost one-third more than their corresponding games last season.

“The women’s internationals against New Zealand and the opening rounds of the Marsh Sheffield Shield were also incredibly successful, and we are more optimistic than ever that this season’s KFC BBL will be one of the best on record.

“None of this would have been possible without the incredible work, support and co-operation of players, staff, the Australian Cricketers’ Association, state and territory associations, the Board of Control for Cricket in India and New Zealand Cricket. My sincere thanks to all

of them.

Seven Network boss James Warburton. Picture: Christian Gilles

“Australian cricket is also grateful to have wonderful partners across the spectrum. We very much appreciate their support and are proud to deliver for them, as well as our millions of passionate supporters across the country.

“We continue to have tremendous respect for the hardworking people across Channel 7’s cricket and news broadcast teams and congratulate them on the substantial increase in ratings cricket has delivered them to date this season.

“We have, and will continue to, fulfil our obligations to our partners and supporters by scheduling a brilliant summer of cricket, despite the cost and complexity of doing so given the current public health situation.”

Channel 7’s move to start proceedings under order 15A in the Federal Court is a first step, but could, if successful, lead to the seeking of damages or result in the termination of Seven’s $450 million deal.

It is completely separate to the process already under way in an independent tribunal to have an expert assess the value of the broadcast rights based on the changes to the schedule.

It’s based on what Channel 7 claims are “quality provisions” under its contract with Cricket Australia which it says includes clauses which dictate that Cricket Australia must organise matches to a world benchmark, and of no less a quality to the previous year.

Cricket Australia’s original schedule for the summer had slated the season would launch with Tests against Afghanistan and India, which are broadcast on Seven and Fox Sports.

Channel 7’s cricket commentator team ahead of last season’s launch.

But a change was made which flipped the formats around to instead kick off with the white-ball series against India, which is exclusively shown by Fox.

Channel 7 claims this change was driven by the BCCI, and has hurt Seven’s product because it has had to wait until December 17 to launch a major summer against drawcards India and means there will be no international build-up for the BBL before it kicks off on December 10.

Fox Sports has recorded enormous numbers in the opening two ODI matches — 544,000 average viewers for Sunday’s second game at the SCG smashed records as the highest-rating ODI on subscription TV, eclipsing the 2015 World Cup final.

It’s the third-ranking sports program ever on subscription TV, behind the 2011 Rugby World Cup semi-final and final.

Channel 7 will argue CA has shown preferential treatment to Fox Sports as a partner, by agreeing to switch the schedule and allow Fox an exclusive platform to launch the ­summer.

Channel 7 will show the Test matches of India’s tour but not the white ball fixtures.

There have been eyebrows raised at CA that Seven chose not to broadcast the WBBL final on its main ­channel.

Fox Sports issued a statement on Monday praising CA for its schedule.

“Beginning the summer with the white ball has proven to be a hugely successful formula for Cricket Australia,” Fox’s executive director Steve Crawley said.

“On Wednesday we’re off to Canberra for the final men’s ODI then three T20s, all exclusive to Fox Cricket leading into the first Test. It’s a ripper schedule and already the fans are loving it.”

In regards to the separate independent tribunal proceedings, Channel 7 expects an expert to be appointed ­imminently and that determination would be made well before the case in the Federal Court is heard.