Gareth, >From what I remember (it was a while ago now), it is the bit about retransmission:
Whereas the requirement that the originating Member State should verify that broadcasts comply with national law as coordinated by this Directive is sufficient under Community law to ensure free movement of broadcasts without secondary control on the same grounds in the receiving Member States; CHAPTER II General provisions Article 2 2. Member States shall ensure freedom of reception and shall not restrict retransmission on their territory of television broadcasts from other Member States for reasons which fall within the fields coordinated by this Directive. >From what I recall, because no other member state has the right to block a broadcast from a member state, no member state is required to implement anything that can be used to block the reception of said services "on behalf of" another member state. "Retransmission" is of any service that is broadcast free-to-air in the member state. 2008/10/20 Gareth Davis <[EMAIL PROTECTED]> > > > 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:EN: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 > 8 http://www.bbcworldservice.com/ + 702NE Bush House, Strand, London, WC2B > 4PH > > -- Brian Butterworth http://www.ukfree.tv - independent digital television and switchover advice, since 2002
