BCJ censures CVM over 'misleading' EPL ads

The Broadcasting Commission of Jamaica (BCJ) has censured VertiCast/CVM TV for failing to broadcast English Premier League (EPL) matches to paying customers, citing misleading advertising.

At the same time, the BCJ says it has taken no action against CSport.tv and CSport app because the country's broadcasting laws do not apply directly to online services.

CVM and CSport are owned by VertiCast.

In a statement this afternoon, the commission said it has censured CVM for its role in the controversy on the basis that the station facilitated misleading advertising as it is presumed to have had knowledge that the games were not being delivered as expected, due to its close affiliation with VertiCast (CVM's parent company) and the online brands CSport.tv and CSport app.

The broadcast regulator said it came to this position after completing its investigation into complaints it received from disgruntled subscribers to CSport.tv and the CSport app about their inability to see EPL matches.

The BCJ arrived at its decision after considering these factors, among others:

1. CVM TV aired promotional material for access to live broadcasts of EPL matches on CSport.tv and the CSport app (owned by VertiCast, CVM's majority shareholder). One of the promos twinned the “CVM” and “CSport” logos implying that both entities are related and involved in the EPL offering. One other promo involved a call to action - “Sign up now at CSport.tv or download the CSport app to catch all the action.”

2. Sports enthusiasts who were motivated by the advertisements reasonably expected to see the EPL games over the entire season. However, this did not materialise as evidenced by emails sent to subscribers on February 17 and 24, 2024, apologising for “the ongoing Premier League broadcast disruptions...” and “the ongoing disruptions in the Premier League broadcast...”, respectively. 

3. Given the circumstances of their shared ownership and close relations, CVM TV was aware that CSport was failing to deliver live games as advertised, yet the station aired promotional offerings of CSport for access to EPL matches.

4. CSport indicated that affected subscribers would be refunded; however, no date was provided. Further, a refund would only partly ameliorate the frustration of subscribers who lost the opportunity to experience the EPL as they had been led to expect by CVM/CSport advertisements.

Commenting on the matter, BCJ's Executive Director, Cordel Green said, “the situation requires a remedy such as a provision in the regulations to allow for even limited review of online content, in circumstances where it is reasonable for the public to make no distinction between over-the-air and affiliated online services.”

The BCJ has written to the Minister With Responsibility For Information, Robert Morgan, about the matter.

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