More on Cable TV and piracy

THE EDITOR, Sir:

I WRITE with reference to the recent commentary by columnist Clifton Segree on the continuing illegal practice of cable operators of transmitting programming and charging customers for access to it without the required permission from the copyright holders.

The Commission is aware that sanction of all operators currently breaking the law may have serious undesired effects on the industry, given the popularity of the cable medium. However, the Broadcasting and Radio Rediffusion Act provides the Commission with a limited course of action where licensees do not comply with directives of the Commission; that action being recommendation for either suspension or revocation of licences. The Commission does not, in and of itself, have the capacity, at this time, to drive the compliance process beyond making these recommendations.

Under the Television and Sound Broadcasting Regulations, it is an offence for cable licensees to transmit any material in contravention of the laws of Jamaica. This provision requires licensees to abide by restrictions set out in the Copyright Act, on the use of intellectual property, including cable programming. This injunction is also included in the STV licences issued to cable operators by the Minister of Information.

There has been an improvement in the situation, however, and these gains in compliance by licensed operators cannot be discounted. Just a year ago, in June 2000, not one licensee had proven to the Commission that it had obtained all the relevant programming permissions. This failure by the operators, resulted in the imposition of the August 8, 2000 deadline for them to demonstrate that they were acting within the law. A significant number of operators quickly entered into agreements or formalised arrangements with programme providers. The Commission's intensive and islandwide monitoring clearly shows that currently all legal operators have licensing arrangements for at least some of the programming they transmit.

I note that Mr. Segree suggested that the Commission is responsible for forestalling rights owners from suing cable operators for infringing their intellectual property rights. The Broadcasting Commission has made the extent of violations very clear to those who continue to transmit programming illegally. The Commission has conducted its own investigations of what licensees are showing and pointed out to each licensee those channels for which programming permission has not been proven. STV licensees have also been made aware of those channels for which it is not possible to get a licence, including Direct-to-Home (DTH) services, and issued instructions for the operators to stop relaying these 'unavailable' channels.

However, the Commission's action is not, and cannot be a substitute for individual copyright owners protecting their legal rights, through whatever lawful means are available. This position is well-known to all rights owners.

Thirty-seven (37) licensed cable operators have been reported to the Minister of Information for continuing to show channels illegally. The Commission is awaiting word from the Minister on its recommendations for suspension of these services licences until they comply with the terms of their licences. It is noted that a temporary 'shut-down' of the industry could result if cable operators prolong their non-compliance and thus force the Minister of Information to impose the only sanctions currently available under law i.e. suspension or revocation of licences.

On the other hand, total compliance will mean that operators, legally and financially, will not be able to relay a number of popular channels, or as many channels as audiences currently enjoy. Thus, as Mr. Segree notes, the expectations of and demands made by people who subscribe to legal cable services are critical to the industry realising its rightful status as a fully legitimate contributor to national cultural life and economic and social development. The Commission will continue to exert its best efforts to assist the cable industry in quickly achieving this objective.

I am etc.,

LLOYD A. VERMONT

Chairman,

Broadcasting Commission

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