Brian Butterworth wrote:
The whole Astra 2D thing is a bit of a red herring.
The Television Without Frontiers directive (89/552/EEC CHAPTER
II, Article 2) allows for any terrestrial channel to be broadcast via
satellite in Europe without encryption. There is no legal requirement
for the broadcaster to use a "tight beam". (*)
Are you sure you have quoted the right directive Brian? I can't find any
reference to terrestrial broadcasters. A brief summary of what section
II article 2 of TVWF says is: Member states must ensure that
broadcasters based within (or using satellite uplink or other
frequencies within) their jurisdiction must comply with local laws. Also
Member States are not allowed to block reception of other Member States'
broadcasts being transmitted into their territory, or being
retransmitted within their territory except under very special
circumstances (such as protection of children).
Anyone interested in the original can download the language and format
of their choice here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:31989L0552:E
N:NOT
My understanding of this (and IANAL) is that should a broadcaster
broadcast content outside the territory they have licensed the content
for, then they will be in breach of copyright or other laws in the
Member State of transmission. Chapter 2 Article 2 of TVWF says the
broadcaster must comply with the laws in the Member State of
transmission, and so the broadcaster has to be prosecuted for this
according to TVWF. So I don't see how TVWF would help a broadcaster
legally beam their content unencrypted into a territory they do not have
rights for.
--
Gareth Davis | Production Systems Specialist
World Service Future Media, Digital Delivery Team - Part of BBC Global
News Division
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