OVER THE FENCE

Evening Post, Volume CXXIV, Issue 57, 4 September 1937, Page 9

OVER THE FENCE

NOT ILLEGAL

RACE MEETING BROADCASTS

NO INJUNCTION

{From "Tho Post's" Representative.)

S!ODNEY, August 27,

Many and varied interests have awaited eagerly for several weeks for the delivery of the Fuil Bench judgment Of the High Court of Australia concerning the broadcasting of race meetings. The Court held that the broadcasting of races witnessed from land outside a racecourse was riot an interference with the rights of the racecourse authorities entitling them to an injunction to prevent such broadcasting.

Descriptions by the Australian Broadcasting Commission through the national A class stations are not objected to by the racecourse authorities. The A clasr stations merely describe a race and give the official placings, with no betting. . The B class stations (commercial) give starters, riders, and barrier positions before a race, a description of running, the result, and betting, all this being done from towers erected outside the course. These race sessions are "sponsored" by business > advertisers or by so-called "tipping ] sheets." The result is obvious —the B class broadcasting has led to an amazing growth of starting-price (off-the-course) betting that has kept people away from the courses and thereby caused Sydney racing to slump. The State Government is concerned, not only at the loss of revenue occasioned by the decrease of taxed course betting and course admission but also the moral effect on the people. The Government and race club executives had hoped for a favourable High Court judgment to put an end to the evil. It was only by a majority of three to two that the Court sustained a judgment of Mr. Justice Nicholas, of the New South Wales Supreme Court, against which the Victoria Park Racing Club (backed by all the other clubs) had appealed. The action before Mr. Justice Nicholas was for a perpetual injunction restraining George Taylor from allowing his land adjacent to the Victoria Park racecourse to be used for broadcasting race meetings; restraining Cyril Angles, an announcer, from taking part in broadcasting race meetings; and restraining the Commonwealth Broadcasting Company (Station 2UW) from making any such broad* cast. The Chief Justice (Sir John Latham), Mr. Justice Dixon, and Mr. Justice McTiernan were of opinion that the appeal should be dismissed; Mr. Justice Rich and Mr. Justice Evatt ■were of the opposite opinion. THE JUDGES' OPINIONS. , The Chief Justice said that the claim based upon copyright failed, and that the defendants had not interfered in any way with the use and enjoyment of the plaintiff's land. The law could not, by an injunction, erect fences which the plaintiff was not prepared to provide. Mr. Justice Dixon said that the right to exclude the defendants from broadcasting a description of the occurrences that they could see upon the club's land was not given by law.

Mr. Justice McTiernan said that there was no legal'principle which the Court could apply to protect the club against the acts of-the defendants.

Mr. Justice Eyatt said: "Only an insufficiently disciplined'desire for business profit and an almost reckless disregard, not so .much of the legal rights as of the ordinary decencies and conventions which must be observed between neighbours, could have induced the broadcasting 'company to cause the loss to the plaintiff whcih has been proved in this case."

IN THE EVENT OF TELEVISION.

"The prospects of television have made the High Court decision a very important one," said Mr. Justice Rich. "I venture to think that the advance of that art might force the Courts to recognise that protection against the complete exposure of the doings of the individual might be right and indispensable to the enjoyment, of life." An appeal to the Privy Council will probably be made.

For some time there has been a persistent feeling among racing men that legislation concerning racing; promised by the State Government, has been held in abeyance until the Court's decision was known. Opinions have now been expressed that evidence during the h'aring, and the terms of the judgment, give sufficient grounds for the Government to proceed with its Bill, especially so far as broadcasting and its association with starting-price betting is concerned. Racing men point out that the clubs would be well satisfled with the limitations imposed by the Queensland Government in its drastic S.P. Act Thes" limitations do not restrict the broadcasting of racing as a form of entertainment, but prevents the dissemination of information < likely to be of assistance to starting-price betting.