Official Government advice
has confirmed that there will be restrictions on accessing certain
types of satellite broadcasts to EU member states following Brexit,
nullifying the legalisation of the availability of foreign satellite
decoders since 2011.
Currently, viewers in the UK can choose to receive broadcasts that are
aimed at other EU countries. This includes accessing encrypted services
by using a satellite receiver and a viewing card for an EU-based
television platform.
In 2011, the Court of Justice of the European Union ruled that viewers
in the UK were exempt from Section 297 of the Copyright, Designs and
Patents Act 1988 (CDPA), meaning viewers could choose to receive an
EU-based encrypted satellite service, even if the only reason to do so
was to watch live sport, dramas or movies without having to pay a
UK-based pay TV operator to watch these broadcasts.
The ruling came about after pub landlady Karen Murphy
from Portsmouth fought a legal battle over whether or not she could use
a Greek satellite TV service to show live Premier League matches,
sidestepping Sky's commercial subscription. The European court said
UK rules prohibiting the import, sale or use of foreign decoder cards
were contrary to the freedom to provide services.
The Government has confirmed that it will be "disapplying" provisions on
freedom of establishment and the free movement of services after
Brexit.
It's however promised not to go after EU nationals based in the UK who
are using such services in order to receive programmes in their native
language.
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| The guidance is part of the preparation for Brexit. |
So the authorities are unlikely to start hunting down Polish households
to see if they have a Cyfrowy Polsat receiver in their house, unless it
can be proven they are using the foreign service just to watch Premier
League matches so they can avoid paying Sky, Virgin or BT.
The legal jargon says that from Brexit, you can't use a satellite
decoder "to access a programme included in a broadcast made from the UK
with the intent of avoiding a charge associated with the programme."
Reception of free-to-air satellite transmissions is not impacted by the advice.
Despite the court ruling in pub landlady Karen Murphy's favour,
subsequent rulings have supported the Premier League and other sports
organisations by confirming that "surrounding media", including clips,
anthems and graphics are protected and publicians would have to get
approval - which they wouldn't if they were using a non-approved
service. Therefore, the main beneficiaries of the liberalised rules have
been domestic users, who will be most impacted by the re-enforcement of
rules.
The Government advises affected viewers to:
- stop using EU satellite decoder devices to avoid committing an offence under section 297
- consider instead purchasing the relevant UK satellite broadcast package to view the programmes.
The Government advice points out it's already illegal to use decoder
cards for non-EU satellite services to access a programme included in a
broadcast made from the UK with the intent of avoiding a charge
associated with the programme. That would include services such as the
Middle Eastern BeIN Sports service.
[H/T @EvanD]
[H/T @EvanD]
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