KEY POINTS:
TV3 insists it is within the law and will push ahead with controversial plans to screen commercials during its Rugby World Cup coverage on Sunday mornings - despite a ban on advertising at that time.
The broadcaster says coverage of the games will not be interrupted - an IRB condition of the deal to screen the games - but adverts will show before, after and during halftime.
Clare Bradley, legal counsel for TV3, told the Herald she was confident the arrangements complied with the Broadcasting Act, which prohibits advertisements between 6am and noon on a Sunday.
Those arrangements include broadcasting commercials direct from TV3's temporary studio in Paris "among other things". Ms Bradley would not reveal what other measures were in place to meet legal obligations.
The act allows an exemption if the signal for a programme originates outside New Zealand, is produced and transmitted simultaneously to New Zealand audiences and audiences outside this country, and is aimed mainly at overseas audiences.
The key point is whether the ads that run as part of TV3's coverage can be argued to be aimed mainly at overseas audiences.
If TV3 breaches the law it faces a fine of up to $100,000. Dropping advertising could cost the station millions of dollars.
Canwest, owner of TV3, asked for an exemption to the rule last year, but without success.
The law will not impact on the All Blacks' first match against Italy on Saturday night. Two of the All Blacks four pool matches also finish about 1am on Sundays, but the October quarter-finals, semifinals and final all kick-off at 9am. Ms Bradley said she could not comment on whether she had been in discussions with regulatory authorities to determine whether TV3 was acting within the law.
"It seems an odd thing to get excited about. You can go to the shops, go to the pub, buy anything, read newspapers and billboards, and listen to the radio on a Sunday morning. Everyone is allowed to advertise at that time but it seems it's not good enough for the home broadcaster."
Brent Impey, chief executive of TV3 owner MediaWorks, has argued that Australian-owned TV3 should not be allowed to get away with advertising during the games.
But the Television Broadcasters Council, of which it is a member, has approached the Government to consider changing legislation, which it argues leaves radio, print and internet with an unfair advantage.
Broadcasting Minister Steve Maharey said he was unsure of any way around the law.
