Media - Freedom of expression and information

  Committee of experts on protection of journalism and safety of journalists (MSI-JO)

Activities
STANDARD-SETTING
  Steering Committee (CDMSI)
  Bureau of the Committee (CDMSI-BU)
  Former Steering Committee (CDMC)
  Former Bureau of the Committee (CDMC-BU)
  Committee of Experts on Protection of Journalism and Safety of Journalists (MSI-JO)
  Committee of Experts on cross-border flow of Internet traffic and Internet freedom (MSI-INT)  
CONVENTIONS
  Transfrontier Television
  Conditional Access
COOPERATION
  Legal and Human Rights Capacity Building
FORMER GROUPS OF SPECIALISTS
  Rights of Internet Users
  Information Society
  New Media
  Public Service Media Governance
  Cross-border Internet
  Protection Neighbouring Rights of Broadcasting Organisations
  Media Diversity
  Public service Media
 
Events
  Conference Freedom of Expression and Democracy in the Digital Age - Opportunities, Rights, Responsibilities, Belgrade, 7-8/11/2013
  Conference "The Hate factor in political speech - Where do responsibilities lie?", Warsaw18-19 September 2013
  Conference of Ministers, Reykjavik - Iceland, 28-29 May 2009
  European Dialogue on Internet Governance (EuroDIG)
 
Documentation
  Conventions
  Committee of Ministers texts
  Parliamentary Assembly texts
  Ministerial Conferences
  Publications
  Translations
 
Useful links



QUESTIONNAIRE sent to States Parties to the Convention

on

the implementation of the European Convention on the legal protection of services based on, or consisting of conditional access (ETS 178)

BACKGROUND:

The Secretariat of the Council of Europe is conducting a study on the legal protection in member States of broadcasting and information society services based on, or consisting of conditional access. This study is carried out in the context of the follow-up to the European Convention on the legal protection of services based on, or consisting of conditional access (ETS 178), hereinafter referred to as “ the Convention”.

The Objective of the Convention is to make illegal on the territory of the Parties a number of activities which give unauthorised access to protected broadcasting and information society services.

In accordance with article 9 of the Convention, parties to this Convention meet every two years in a multilateral consultation meeting aimed at examining its application and the advisability of extending or revising its provisions.

The Secretariat convoked a multilateral consultation meeting in Strasbourg on 10 December 2007. Although the consultation was informal due to the absence of the quorum of a majority of State Parties required, the delegates discussed the following issues:

- A need to obtain a better insight of the legal provisions relevant to the application of the Convention in the States Parties as well as in their enforcement.

- A need for Parties to have competent staff to deal with law enforcement in this specific field of commercial activities associated to the illicit access to conditional access services.

- A difficulty in identifying authorities in States Parties to follow the subject area and implementation of this Convention and to ensure international co-operation as required by the Convention.

In light of the above concerns the Secretariat prepared the enclosed questionnaire addressed to States which ratified1 the convention. The objective of this questionnaire is to obtain information on their national legislation and concerns of relevance to its implementation.

In order to evaluate the level of legal protection of services using conditional access and the level of interest in the issue in Europe, it has furthermore been decided to produce another questionnaire addressed to member states of the Council of Europe which have not ratified the Convention.

The information gathered from the replies received to this questionnaire will be used as a basis for the next multilateral consultation meeting in 2009.

QUESTIONS:

I. National legal framework:

a. With reference to articles 4 and 5 of the Convention, what measures are provided for in your legislation which make unlawful the following activities: the manufacture or production, the importation, the distribution, the sale or rental, the possession, the installation, maintenance or replacement of illicit devices (i.e. any equipment, software and/or arrangement designed or adapted to give access to one of the protected services) for commercial purposes; and the commercial promotion, marketing or advertising of illicit devices ?

Please indicate in which specific legislation(s) those measures are introduced.

b. With reference to article 6 of the Convention, what are the measures provided by your country to enable seizure and confiscation of illicit devices or the promotional, marketing or advertising material used in the commission of an offence, as well as the forfeiture of any profits or financial gains resulting from the unlawful activity?

c. With reference to article 7 of the Convention, what remedies are available in your national legislation to persons injured by an unlawful activity?

d. Does the legislation of your country provide measures beyond the requirements of the Convention to protect services based on, or consisting of, conditional access? Please indicate appropriate measures which protect services based on, or consisting of, conditional access for reasons other than remuneration of the service provider.

II. Efficiency of the measures

a. What are the fields in which existing national legislation does not seem efficient enough to protect services based on, or consisting of, conditional access? Is there any draft legislation to reinforce this efficiency?

b. Has information been gathered on relevant case law? If so, please indicate any useful information related to this case law.

III. Enforcement

a. What body or department in your country is responsible for the development and the follow up of a policy concerning the protection of services based on, or consisting of, conditional access? Please describe its status and competences.

b. What procedures or practices exist in your country which allows for a discussion between public authorities and representatives of protected services or others stakeholders of the sector?

c. In your country, have there been cases of international co-operation (since 2005) in the fight against unlawful activities covered by the Convention? If so, please indicate the content and in which legal framework this co-operation has been realised.

IV. Do you consider the Convention an efficient and appropriate tool to protect services based on, or consisting of, conditional access? Please suggest, if appropriate, any amendment to the Convention taking account of the evolution of technologies and practices in the information society, others legal instruments, and/or difficulties in the implementation of the Convention.

* * *

QUESTIONNAIRE sent to States non-Parties to the Convention

on

the legal protection of broadcasting and information society services based on, or consisting of conditional access

BACKGROUND:

The Secretariat of the Council of Europe is conducting a study on the legal protection in member States of broadcasting and information society services based on, or consisting of conditional access. This study is carried out in the context of the follow-up to the European Convention on the legal protection of services based on, or consisting of conditional access (ETS 178), hereinafter referred to as “ the Convention”.

The objective of the Convention is to make illegal on the territory of the Parties a number of activities which give unauthorised access to protected broadcasting and information society services.

In accordance with article 9 of the Convention, parties to this Convention meet every two years in a multilateral consultation meeting aimed at examining its application and the advisability of extending or revising its provisions.

The Secretariat of the Council of Europe has convoked a multilateral consultation meeting on the European Convention in Strasbourg on 10 December 2007. Although the consultation was informal due to the absence of the quorum of a majority of States Parties required, the delegates addressed the following concerns:

- A need to obtain a better insight of the legal provisions relevant to the application of the Convention in the States Parties as well as in their enforcement.

- A need for Parties to have competent staff to deal with law enforcement in this specific field of commercial activities associated to the illicit access to conditional access services.

- A difficulty in identifying authorities in States Parties to follow the subject area and implementation of this Convention and to ensure international co-operation as required by the Convention.

In light of the above concerns the Secretariat prepared a first questionnaire addressed to States which ratified the convention. The objective of this questionnaire is to obtain information on their national legislation and concerns of relevance to its implementation

In order to evaluate the level of legal protection of services using conditional access and the level of interest of the issue in Europe, it has furthermore been decided to prepare the following short questionnaire addressed to member states of the Council of Europe which have not ratified the Convention.

The information gathered from the replies received to the questionnaires will be used as a basis for the next multilateral consultation meeting which is due in 2009.

QUESTIONS:

1. What are the measures provided by your national legislation in order to grant legal protection to television services and/or to society information services based on, or consisting of conditional access? Please provide information on the type of legislation and on the activities covered by it as well as the nature of the sanctions and remedies foreseen.

2. In your opinion, is it useful or necessary to protect services based on, or consisting of conditional access at a pan-European level? If so, do you consider the Convention an efficient and appropriate tool to achieve this?

3. Does your country plan or consider the ratification of the Convention ETS 178?

4. What international legal instruments including bilateral instruments have been ratified by your country in order to protect services based on, or consisting of, conditional access?


1 Bulgaria, Croatia, Cyprus, France, Moldova, The Netherlands, Romania and Switzerland