BBC Test Match Special stars consider suing over England’s Ashes ban threat

Commentators who have agreed to take part in a watchalong broadcast of the upcoming tour of South Africa believe the England & Wales Cricket Board (ECB) will leave themselves open to legal action if they follow through with a threat to ban then from covering next summer’s Ashes. Eight freelancers from the BBC’s Test Match Special (TMS) team have been lined up to take part in a new venture called The Usual Voices (TUV) produced by the Cricket Entertainment Network (CEN), a start-up co-founded by Australia captain Pat Cummins and his agent Neil Maxwell. The Usual Voices is proposing to provide alternative radio commentary in a watchalong format during England’s three-Test series against South Africa next month, streamed on YouTube. But the commentators involved have been warned by the ECB chief executive Richard Gould that they will be banned from covering next summer’s home Ashes if they do so – because they will be “undermining the finances of the game” with their alternative broadcast. The TMS voices who have agreed to take part in the show that will be broadcast on YouTube are Phil Tufnell, Steven Finn, Daniel Norcross, Alex Hartley, Vic Marks, Andy Zaltzman, Ebony Rainford-Brent and Simon Mann. David Gower and Simon Hughes, who do not work for the BBC, are also part of the prospective team. It would, the ECB believe, be in direct competition with the coverage of TalkSport, who won the UK radio broadcast rights for the tour from Cricket South Africa (CSA) ahead of the BBC.Gould told the Telegraph: “We are aware for the South Africa tour that broadcast rights have been purchased by TalkSport. For the current Australia tour they have been purchased by the BBC. The money that has been paid is important to the economics of cricket. “We want to help protect CSA’s income streams, because they rely on those to pay their players and fund the game in South Africa. “We are against anything that undermines the value of those broadcast rights. And whilst of course there will be legal angles that can be looked at, on the face of it you have something that is basically perceived to be a rip-off radio station intending to cover Test matches in South Africa. “There are other protections available to us which includes the ability to control media accreditation into our venues in our own summer. And we would certainly do that for any commentators that are perceived to be undermining the broadcast values either for us, or our fellow countries. “It’s about protecting our rights holders and making sure the finances of the game are not undermined by people who believe they have the rights to something without paying for it. The jovial atmosphere on TMS has become a major selling point despite radio’s downturn (Photo: Getty) “There is nothing to stop someone sitting on YouTube and doing their own commentary, but that doesn’t necessarily cause the challenge this does. This is recognised commentators who rely on the game for their own income in other areas. “This looks like an off-grid BBC format they are creating, which would effectively be competing with Talksport, who have actually bought the rights. We would take the same action if any other group of media commentators tried to undermine the value of our broadcasters.” One of the commentators The i Paper has spoken, on condition of anonymity, said the group who have agreed to take part in The Usual Voices were “stunned” by Gould’s threat. It is also understood they are exploring legal options and believe they would have a solid case against the ECB for restraint of trade under UK employment law if they were banned from covering next summer’s Ashes series. In terms of denying accreditation to anyone involved in The Usual Voices, the ECB told The i Paper it is up to their discretion who they grant accreditation to and individuals would not need to breach any specific terms and conditions to be denied. At the time of publication, it is understood the ECB had still not spoken to anyone from CEN despite repeated requests for dialogue from the company. Read more Analysis: Six big calls in Stephen Fleming’s first England Test squad Comment: Cheating Aussies still owe Stuart Broad an answer about the Ashes A statement released by CEN on Friday evening said: “Our broadcasters talk about cricket for a living. They love the game. They respect broadcasters’ rights. They also have to work. Watchalong shows are common nowadays. If CEN don’t copy match footage or audio or infringe anyone’s rights, our understanding is that it is legal to stream a ‘watchalong’. In fact, they enrich the fan experience, offer a platform for talent who would otherwise be unheard, and are good for sport. “Withholding the broadcasters’ accreditation would prevent them earning a living when they are doing nothing wrong. CEN would welcome talking to the ECB to understand their position which currently feels like a concern to all journalists.” The i Paper the broadcasters who have been lined up for TUV have not yet signed contracts to cover the tour that starts next month and comprises three Tests and three ODIs. But CEN’s stance is that the product they are offering is no different to previous watchalong content that has been broadcast in the UK, such as the BBC’s Cricket Social, which covered England tours of Sri Lanka in 2018, the West Indies in 2019 and India in 2021 from a studio in Salford.