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Mediaset has released an official statement following the decision of the Provincial Court of Madrid, which ruled Mediaset España must pay €73.2 million to ITV Studios over the exploitation of the quiz show Pasapalabra. The court partially upheld ITV’s appeal, significantly increasing the compensation linked to the unauthorized use of the format between 2012 and 2019. Pasapalabra, the Spanish adaptation of The Alphabet Game, was one of Telecinco’s flagship programs before moving to Antena 3 in 2020, after Spain’s Supreme Court had ordered Mediaset to stop airing the show due to contractual violations concerning ITV’s format rights.
Following the ruling, Mediaset issued the following official note:
MFE-MEDIAFOREUROPE acknowledges the decision issued by the Provincial Court of Madrid (Audiencia Provincial de Madrid) in the proceedings concerning the “Pasapalabra” format, whereby the amount awarded to ITV in the enforcement proceedings was quantified at approximately Euro 74 million.However, the Group notes that such decision was rendered without taking into account the recent ruling issued yesterday by the Spanish Supreme Court (Tribunal Supremo) in the separate proceedings relating to “El Rosco”, namely the final round of the game show, which established that the related copyright rights do not belong to ITV.
According to MFE, the damages awarded in the Madrid proceedings fail to adequately reflect the legal effects arising from the Supreme Court’s ruling. In fact, the Madrid Court quantified ITV’s damages on the assumption that the most distinctive, attractive and recognisable element of the game show, as well as the component generating the greatest audience appeal and advertising value — namely the final letter wheel (“El Rosco”) — formed an integral part of the original UK format. Such assumption has now been expressly contradicted by the ruling delivered yesterday by the Spanish Supreme Court, a circumstance which directly affects the legal grounds upon which ITV’s alleged damages were calculated.
For this reason, the Company will assess all appropriate legal remedies, including seeking the annulment of the enforcement proceedings concluded in Madrid, in order to fully protect its rights and interests.
