CASBAA News

CASBAA Satellite Industry Forum 2016 – Critical issues in critical times

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Hong Kong, 26 May 2016 – The CASBAA Satellite Industry Forum 2016, (May 30th at the Pan Pacific, Singapore) has taken on a new importance as the Asia Pacific satellite industry enters perhaps its most challenging technological and commercial phase in more than two decades.

Long-promised technologies such as High Throughput Satellites, Electric Propulsion, In-flight Connectivity, Low Earth Orbit (LEO) constellations, new compression technologies, the evolution of Micro Satellites and the implications of Reusable Launch Vehicles all challenge the satellite sector’s long-established business models.

The CASBAA Forum’s packed schedule of keynotes, interviews, panels and short presentations has been designed to reflect the critical issues raised by the new environment. Satellite operators, their suppliers, their clients and even the investors from across the Asia Pacific and around the world all face the same challenges as the new technologies and changing business patterns force down transponder pricing.

For those attending the conference there will be a wealth of new information and a range of occasionally controversial opinions supported by hard facts and authoritative forecasts.

“In 2015, 96 companies were represented at the CASBAA Forum, with half of our 210 delegates coming from Asia with much of the balance coming from the US and Europe. This year the delegate profile is changing yet again, and becoming even more global,” said Christopher Slaughter, CEO, CASBAA.

“In the meantime, as traditional satellite customers have come to expect lower capacity pricing for broadcast services, the customer base for mobile satellite backhaul satellite, reinvigorated maritime and aeronautical VSAT customers are creating a new energy as they enter the market,” added Slaughter.

Among the global industry’s most senior executives speaking at the CASBAA Satellite Forum 2016 delegates will get to meet:

  • Mitsutoshi Akao, Executive Officer, Deputy Group President Space & Satellite Business Group, SKY Perfect JSAT
  • David Ball, Industry Consultant
  • Christopher Baugh, President , Northern Sky Research (NSR)
  • Pierre-Jean Beylier, CEO, SpeedCast
  • Jacques Breton, Senior VP, Sales and Business Development, Arianespace
  • Paul Brown Kenyon, CEO, MEASAT
  • Susan Bull, Partner, COMSYS
  • Steve Collar, CEO, O3b Networks
  • Thomas Choi, Co-Founder & CEO, ABS
  • Richard Currier, Senior VP, Business Development, SSL
  • Gonzalo de Dios, Associate General Counsel, Intelsat
  • Peter de Selding, Paris Bureau Chief, Space News
  • Jean-François Fenech, CEO, Eutelsat Asia
  • Todd Hill, Senior Director, GCS Satellite Services, Panasonic
  • David Hochner, Deputy CEO, RR Media
  • Huang Baozhong, EVP, APT Satellite
  • Jonathan Hofeller, VP of Commercial Sales, SpaceX
  • Ferdinand Kayser, CCO, SES
  • Sandeep Kumar, Head of Satellite Sales-International, Telstra
  • Joshua Marks, SVP, Operations Solutions, Global Eagle Entertainment (GEE)
  • Vaibhav Magow, Regional Director, Asia-Pacific, Hughes Network Systems, LLC
  • Deepak Mathur, Senior VP, Commercial, Asia-Pacific and Middle East, SES
  • Theodore A. “Ted” McFarland, Director of Business Development, Commercial Satellite Business Unit , Orbital ATK
  • Henry Mulya, Sales Director, Asia Pacific, SES
  • Ryo Nakamura, Director, Deputy GM, Business Development Department, Space Systems Division, Mitsubishi Heavy Industries
  • Dara Panahy, Partner, Milbank
  • Johanes Indri Prijatmodjo, General Manager Satellite System ,
    Pasifik Satelit Nusantara
  • Andrew Jordan, Executive VP, Strategic Projects, Eutelsat
  • Kurt Riegelman, SVP, Intelsat
  • Mark Rigolle, CEO, LeoSat Enterprises
  • Suleman Tampubolon, GM, Telkom Satellite
  • Serge Van Herck, CEO & Chairman, Newtec
  • William Wade, President & CEO, AsiaSat
  • Joanne Wheeler, Partner, Bird & Bird
  • Paul Sheridan, Vice President, Optus Satellite

The CASBAA Satellite Industry Forum 2016 also recognizes the generous support of the sponsors for this year’s event:

ABS, APSTAR, AsiaSat, Boeing Satellite Systems, Eutelsat, Hughes Network Systems, Ideal Group, Intelsat, Marsh, MEASAT, Mitsubishi Heavy Industries (MHI), Newtec, SES, SKY Perfect JSAT Corporation, SpaceX, SSL.

For more information about the event, please visit

http://www.casbaa.com/event/sif

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About CASBAA:

CASBAA is the Asia Pacific region’s largest non-profit media association, serving the multi-channel audio-visual content creation and distribution industry.  Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices.  For more information, visit www.casbaa.com

For enquiries, please contact:

Cynthia Wong
Director of Member Relations & Marketing
Email: cynthia@casbaa.com

CASBAA nets Premier League

HONG KONG, 18 May 2016 – CASBAA today announced four additional Corporate Members of the Association for its Q1 2016 line-up, including global sports TV behemoth, the Premier League (PL), data giant Nielsen, and the NASDAQ-listed Indian DTH platform, Videocon d2h and India based (Delhi, Mumbai, Bangalore & Hyderabad) law firm Trilegal.

Also joining CASBAA as an Associate Member is branded multimedia broadcaster Rewind Networks of Singapore.

CASBAA CEO, Christopher Slaughter said: “The breadth of operations and the geographies covered by our new Members reflect the Association’s values and the fast-changing shape of our industry.”

“Each of the newcomers brings valuable industry experience, new insights and a global reach. We look forward to providing these additional members with a platform from which to make their mark on one of the world’s most dynamic media environments.”

Premier League
Premier League (PL) is the organizing body of the FA Premier League football association with responsibility for the Football Association league competition, centralized broadcasting and other commercial rights. The group works proactively with its Member Clubs and other football authorities to improve the quality of football in England and around the world.

Nielsen
Nielsen is a global performance management company dedicated to providing a comprehensive understanding of what consumers “watch and buy”. Nielsen also delivers both world-class measurement and analytics contributing to superior performance.

Videocon d2h
The first Indian media company to list on NASDAQ Videocon d2h is India’s fastest growing DTH service provider, offering more than 525 channels and services including India’s first 4K Ultra HD DTH channel.

Rewind Networks
Launched in 2013 Rewind Networks is a multimedia branded entertainment broadcaster now available in eight million households across Southeast Asia (Singapore, Malaysia, Indonesia, the Philippines and Thailand), as well as in Hong Kong and Taiwan. Platforms carrying Rewind Networks content include StarHub, SingTel TV, Astro, Indovision, SKYCable, NowTV, LeEco, CTH and CNS.

Trilegal
One of India’s top-tier law firms, Trilegal works with world’s leading corporations, funds and FIs across diverse sectors, with telecoms, media and technology as one of its key focus areas. It has expertise in M&A and JVs, PE & VC, employment law, disputes resolution, tax, competition law, policy & regulatory issues and general corporate advisory. In 2016, it won
India’s “National Law firm of the Year” by Chambers & Partners.

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About CASBAA

CASBAA is the Asia Pacific region’s largest non-profit media association, serving the multi-channel audio-visual content creation and distribution industry. Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices. For more information, visit www.casbaa.com

For enquiries, please contact:

Cynthia Wong
Director of Member Relations & Marketing
CASBAA
Tel: +852 3929 1711

Pay-TV and OTT in Asia: CASBAA’s latest publication takes a definitive look at policies and practices governing today’s marketplace

SINGAPORE, 2 March 2016 – Today, at its third annual OTT Summit, CASBAA, the Association for digital multichannel TV, content, platforms, advertising and video delivery in Asia released a groundbreaking study on Asian OTT regulation. The new publication, Same Same but Different? Video Policies for Asian Pay-TV and OTT, details an “unsustainable” situation, which sees governments maintain legacy regulatory policies that disadvantage their local operators, while television supply is moving online and undergoing a “comprehensive transformation.”

Same Same but Different is the result of a collaboration between highly regarded experts in Asian capitals. It takes an in-depth look at the regulation of pay-TV and OTT video in countries and regions across Asia and Australasia, drawing comparisons with current legislation in the UK and United States.

“Regulators have an incredibly difficult task ahead of them,” said CASBAA Chief Policy Officer John Medeiros. “Root-and-branch reform is needed.” Medeiros pointed out that “the pay-television industry environment today is radically different from what it was only 5 years ago, and the hard work of adapting policy instruments and practices has only gotten underway in a small number of markets.”

In the publication, CASBAA described licensed local pay-TV companies facing sharp competition from legal and illegal offshore media ventures, even while their hands are tied behind their backs, as a result of heavy burdens from taxes and government mandates on content, advertising, competition and social policy. CASBAA noted that a large portion of OTT content delivered to many Asian markets in fact comes from pirate syndicates which operate outside of all legal constraints.

“This in-depth study provides a detailed view of the state of pay-TV and OTT throughout the region, providing vital insights for anyone looking to enter the local marketplace, or indeed anyone who simply wishes to be more informed,” reported Christopher Slaughter, CEO of CASBAA.

The report provides specific descriptions of each government’s policies affecting OTT television on subjects as diverse as content censorship, advertising limits, copyright protection, and consumer protection. It observes that many governments are levying burdens on “onshore” OTT operations while leaving “offshore” services virtually unregulated. One result of this discrepancy is a big boost for offshore operations providing pirated content. It’s of note that these offshore outfits are unburdened by any ethical, legal, or social constraints, and they continue to grow in importance.

In launching the report, CASBAA warned that if the “tilted playing field” persists, media investments will move offshore. “Why would any media company locate a new OTT business in a heavily-regulated jurisdiction,” asked Medeiros, “if they can serve the market more cheaply and without compliance burdens from offshore?” CASBAA urged that governments review their pay-TV rules “and determine whether existing burdens are still required given the evolution … of the television market in recent years.” And it went on to say that governments should seek to “stem the growth and proliferation of illegitimate OTT services.”

For more information about CASBAA and Same Same but Different? Video Policies for Asian Pay-TV and OTT, which is available for download by members, please visit http://casbaa.hk/1Lpz1sz

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About CASBAA
CASBAA is the Asia Pacific region’s largest non-profit media association, serving the multi-channel audio-visual content creation and distribution industry. Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices. For more information, visit www.casbaa.com

For enquiries, please contact:
Cynthia Wong
Member Relations & Marketing Director, CASBAA
Tel: +852 3929 1711
Email: cynthia@casbaa.com

Top Speakers and Insightful Publication Set to Rock the 2016 CASBAA OTT Summit

HONG KONG, 26 February 2016 – Next week, CASBAA, the Association for digital multichannel TV, content, platforms, advertising and video delivery in Asia, will hold its third annual OTT Summit in Singapore, bringing together key stakeholders in the broadcasting and online video distribution sectors to discuss the latest trends and technologies in the industry, as well as important policy issues and more.

During the OTT Summit, CASBAA will also release Same Same But Different? Video Policies for Asian Pay-TV and OTT, a major new study on OTT regulation in Asian jurisdictions. The publication explores how an industry eager to develop new ways of delivering content is handling governmental policy stagnation while confronting the threat of piracy.

“We’re very excited for our third OTT Summit in Singapore. The last two summits brought together a diverse mix of industry professionals from various disciplines and provided quite a comprehensive overview of the opportunities and challenges in the OTT space,” said Christopher Slaughter, CEO, CASBAA. “With the OTT segment set to grow further in 2016, we look forward to assisting with its development, and will be looking at everything from protecting copyrighted material, to exploring potential business models, and providing input into development of government policies and regulations; these are all factors that will shape the industry in the years ahead.”

Guests at the Summit will also receive “day of launch” copies of Same Same But Different? Video Policies for Asian Pay-TV and OTT. This insightful publication provides concrete insights into how Asian governments are regulating the complexities of the OTT and pay TV industries. It describes a tilted playing field, which increasingly sees licensed local businesses facing sharp competition from new offshore media ventures, even while their hands are tied by heavy tax burdens and government mandates on content, advertising, competition and social policy. CASBAA notes that a large portion of OTT content delivered to many Asian markets in fact comes from pirate syndicates operating outside of all legal constraints.

“The situation today is affecting investment decisions that will determine the fate of Asian media industries tomorrow,” said CASBAA’s Chief Policy Officer John Medeiros. “Investment within our markets is becoming less attractive, as offshore businesses are far more competitive.” The new CASBAA publication suggests governments review regulatory policy, ensuring it aligns with the current state of the industry and future trends, while finding ways to clamp down on illegitimate operations, particularly those based offshore.

An exciting line-up of speakers from across the industry will be featured at this year’s CASBAA OTT Summit, including Dhawal Gusain (COO, The Viral Fever), Anil Jain (SVP & GM Media, Brightcove), Rick Harshman (Head of ASEAN, Amazon Web Services), Kumaran Pillai (CEO, AppleSeed Ventures), Richard Wray (APAC Territory Manager, Conviva), Deepakjit Singh (CEO, Encompass Asia), Joel Cere (Insights & Innovation Solutions Global Director, eYeka), Siok Siok Tan (CEO, Kinetic One), Hedvig Lyche (Head of Strategy, Asia, King Content), William Lee (VP Content, APAC, LeEco), Jaheer Abbas (Regional Director, Limelight Networks), Mike Jackson (MD APAC, MEC Access), Andrew Hall (Head of Govt & Regulatory Affairs, NBCU International), Craig Johnson (MD Marketing Effectiveness AP, Nielsen), Johnson Yeh (Riot Games), Andrew Ferrone (VP Pay TV, Roku), Michael Jeffrey (VP, Client Engagement, Rovi), Nicolas Wodtke (VP Media Solution Center SEA & Oceania, Samsung), Deanna Myers (Principal Analyst SNL Kagan), Subin Subaiah (CEO, Spuul), Adrian Britton,(VP Product, Telstra Software Group), Joe Welch (SVP Govt Relations Asia, 21st Century Fox), Derek Tan (Co –Founder Viddsee), Michael Greco (VP, Vindicia), Dorothy Attwood (SVP Global Public Policy The Walt Disney Company), Desmond Ngai (VP Strategy & Partnerships, WebTVasia), Bob Morrison (MD, Xstream Asia).

On March 2, the day after the Summit, the exclusive OTT Tech Showcase will bring together top OTT vendors, including Accedo, Diagnal, MPP Global and Vindicia, who will host product demonstrations and Q&A sessions. This event is invitation only and offers a limited opportunity to meet and speak with industry pioneers.

Corporate partners for the CASBAA OTT Summit 2016 include Presenting Sponsor Brightcove, and Sponsors Accedo, Diagnal, Elemental Technologies, Irdeto and Limelight Networks.

For more information about the CASBAA OTT Summit 2016 and to register for tickets, please visit http://www.casbaa.com/event/ott-summit-2016/.

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About CASBAA
CASBAA is the Asia Pacific region’s largest non-profit media association, serving the multi-channel audio-visual content creation and distribution industry. Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices. For more information, visit www.casbaa.com

For enquiries, please contact:
Cynthia Wong
Member Relations & Marketing Director, CASBAA
Tel: +852 3929 1711
Email: cynthia@casbaa.com

CASBAA Chief Policy Officer John Medeiros Speaks at the Press Conference of the Hong Kong Copyright Alliance

The following statement was made today by CASBAA Chief Policy Officer John Medeiros, at a press event on the Copyright Amendment Bill sponsored by the Hong Kong Copyright Alliance.

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I am happy to join our colleagues from other copyright-related industries in expressing the strongest possible support for immediate passage of the Copyright Amendment Bill, without the three Committee Stage Amendments.

Passage of the bill is important to establish the legal basis for copyright in the digital age. We live in a time when technological development has far outraced the ability of existing laws to create clean practices in the digital world – and clean practices are needed online as much as in the real world.

For my industry – the television industry – we are facing an onslaught of digital piracy, fueled by multinational criminal syndicates operating streaming media “black box” networks and websites which intercept our signals, steal our programming, hijack our domains, defraud our advertisers and deceive our customers.

Currently Hong Kong law is powerless to deal with most of these activities; Hong Kong’s law enforcers agree that we desperately need a new legal framework, as well as new international enforcement practices to deal with the transnational aspects of these crimes.

With respect to the Committee Stage Amendments that are now before the legislature, I will just summarize the TV industry’s feeling: the amendments are unacceptable. They would create huge loopholes in copyright protection – so huge that the bill will have no value for us if the amendments are included. They would create massive uncertainty about questions like “what does ‘fair’ mean” that would take decades for the courts to sort out. There are very good reasons why the legal profession is aghast at the idea the legislature could make this kind of capricious change in the law.

We recognize that copyright law is always a balance between the interests of users and copyright owners; today we look around us, see blatant piracy everywhere online, with no legal recourse, and think Hong Kong has lost its balance. But after this law has been passed and the new legal framework is in place, we will be happy to take up the government’s challenge, engage with other interest groups, and discuss how a more proper balance can be achieved.

For now, Hong Kong has been bogged down for a decade in trying to update its law; its failures are beginning to be noticed globally. This controversy over copyright amendments is being reported in media journals from Europe to California to Bombay to Singapore. I noticed a press statement earlier this week by the American Chamber of Commerce, and I want to echo one thing they said: If Hong Kong’s legal regime cannot be updated, its attractiveness for international companies – and especially international media companies, will disappear. We can’t stay “Asia’s World City” if we don’t have a world-class business environment, including good copyright law.

PHOTOS

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Letter to the Legislative Councillors clarifying questions of the proposed Committee Stage Amendments

16th December, 2015

Dear All Legislative Council Members,

As we are all well aware, the proposed amendments to the Copyright Ordinance have become an object of considerable public debate and discussion. Frequently, questions are raised about three of the proposed Committee Stage Amendments, and representatives of the copyright sectors are asked why they cannot accept the proposed amendments. I write today to give you the views of our Association on these specific questions.

In much of the noise, the public have lost sight of the key purpose of the Bill. The Bill is not just about individuals’ online activities; it is about combating organized, multinational crime syndicates which promote online infringement activities through streaming that the current Copyright Ordinance CANNOT discipline. As a concrete example in my own television industry, I would like to point out that in recent months, Chinese content producers (CCTV and TVB) have obtained injunctions from US courts prohibiting the activities of the so-called “TVPad” streaming box syndicate, which had done massive damage to Asian content producers by stealing the US markets for their products. This action was possible under US copyright law; no such action is possible in Hong Kong until the Copyright Amendments are passed. This is why further delay in passage of the Bill is unacceptable – the industry needs relief from organized, cynical, commercial-scale piracy.

Since 2011, the bill has been amended to afford very substantial additional protections for Hong Kong people’s rights of free speech and expression. The Bar Association, the legal sector and scholars are unanimous that the revised bill will give Hong Kong one of the broadest free speech exceptions in copyright law anywhere in the world. Yet the scare tactics of some so-called “netizen” groups, backed by internet companies which profit from any web traffic, legal or illegal, continue to deceive citizens that the bill is a threat to their liberties.

Now, on the specific questions of the three CSAs:

User-Generated Content:

Our Association opposes granting blanket exception for user-generated content because the hard work of our members and our employees is very easily stolen and spread online under the fictitious guise of being “user-generated”. A blanket exception would allow anyone to say “oh, I have copied this video of “Game of Thrones” and provided my own 10-sec commentary at the end, so it is covered by the exception.” It will be obvious to everyone that not all content uploaded by users to online video sites is legitimate, and not all should be covered by a blanket exception. Whether the motivation of the uploader is commercial or not, the content owner can be badly damaged by “free sharing.”

Among other countries, ONLY Canada has adopted such an exception, and many academics have said that it doesn’t meet international treaty standards for copyright exceptions1. A WTO trade case against UGC exceptions is still very possible.

Fair Use:

A “fair use” exception system is used in only a tiny number of countries, the most prominent of which is the USA. The fair use doctrine provides for open-ended exceptions, the scope of which is not defined or limited in the law. The US fair use system is grounded in litigation developed over 150 years of case law. Hong Kong’s legal system is based on UK frameworks and precedents, and not those in the USA. Introducing fair use in Hong Kong therefore would require a wholesale re-orientation of the exception system along US lines. This has been studied at various times by the government, which has concluded that adopting the fair use system would introduce huge uncertainty for users as well as copyright owners, and levy large adjustment burdens on Hong Kong. There would be no clear rules; especially at the beginning, every case would have to be adjudicated by a court to see if the use is fair. Even in the US, commentators observe that “it is exceedingly difficult to predict whether a given use in a given case will qualify for the privilege”. Without the backing of US case law, adopting this CSA would be a huge leap into the dark, for Hong Kong. The US legal framework is rooted in decisions made a century or more ago; US gun laws are not appropriate for Hong Kong; neither is US fair use law.

That said, we do not oppose another systematic and careful look at what type of transitional measures might be a possibility for Hong Kong; but such a move cannot be taken hurriedly. The law should not be treated lightly. (Advocates of this approach did NOT raise it in the government’s consultations on this bill; they introduce it now as a very late and very hasty Committee Stage Amendment.) We support the Government’s willingness to examine this question next year, after the current amendments are passed.

Contract override:

This is a very new issue; a contract override provision was adopted in the UK last year amid much controversy and the UK is the ONLY jurisdiction that has introduced such a provision. The UK provision is only on trial for 5 years and will need to be reviewed. Our Association does not yet have a position in favor or opposed to contract override; but there are numerous scenarios that worry us deeply2. For the most part, this measure would affect relationships among producers of content, and would not affect consumers; we do not understand why Hong Kong advocates for this provision see it as significant for Hong Kong users nor why they wish to hurriedly embrace a provision only under test in the UK. Time should be taken to examine this concept more closely.

I hope these discussions have helped explain why we do not believe the Legislative Council should accept these three Committee Stage Amendments. We will be happy to try to answer any additional questions you may have. Concerns of many “netizens” may be sincere; others behind these amendments have their own commercial motivations to push them. For our part, we urge you to pay attention to the facts and the law, and listen to the views of the legal profession, as the proposals could have profound effects on Hong Kong’s legal system.

Sincerely yours,
John Medeiros
Chief Policy Officer



1 See for example this article in the Law Society’s journal:
http://www.hk-lawyer.org/en/article.asp?articleid=2284&c=140

2 Example of possible negative impact of contract override provision: Company A has sold the copyright of the “Joan of Arc” story to Company B for producing a video, and requires Company B to treat the Joan of Arc story with respect, and not turn Joan of Arc into a promiscuous woman in the movie. If this contract can be overridden by copyright exceptions (e.g. the work is claimed to be a parody), then Company B can make Joan of Arc a promiscuous woman at will, because given the contract override provision, Company B doesn’t need to respect the contract term.




Chinese version:

眾所周知,《版權條例》的修訂已引起社會的廣泛關注及討論。經常有人提出有關委員會審議階段三項建議修正案的疑問,而版權界亦被問及為何不能接受該等建議修正案。本人將就此闡述本會的立場。

市民在激烈的討論中已忘記法案的主要目的。法案並非只關乎個人的網上活動,其主要目的是為打擊現時版權條例未有監管,並透過串流進行網上侵權活動的有組織跨國犯罪集團。電視業就是一個活生生的例子。近月,中文電視製作商(央視及無綫)已從美國法院取得對串流集團「TVPad」的禁制令,勒令其停止營運。該非法串流服務侵佔了亞洲地區電視製作商的美國市場,令其蒙受重大損失。電視製作商能成功採取法律行動乃是因為美國版權法提供了保障;而在香港,倘若版權修正案仍未通過,版權持有人則將依然束手無策。因此,延遲通過法案是不能接受的,業界需要方法去打擊有組織並具商業規模的侵權行為。

自2011年起,法案已被修訂,為港人的言論及表達自由提供了大量的額外保障。大律師公會、法律界及學者一致認為經修訂的法案所賦予香港的言論自由豁免乃全球版權法中最寬鬆之一。然而,部份網民組織及從任何網站流量(不論合法與否)獲利的互聯網公司則不斷誤導市民,指法案將威脅他們的自由。

有關三項委員會審議階段修正案的問題:

個人用戶衍生內容:

本會反對就個人用戶衍生內容授予完全豁免,乃因本會成員及員工的作品很容易被盜取,並以虛構的「個人用戶衍生」名義在網上散播。完全豁免將容許任何人複製影視作品,並於尾段加入十秒的個人評論,從而獲得豁免。大家應該明白到,並非所有由用戶上載至網上影片網站的內容均屬合法,而且不應得到完全豁免。不論上載人是否具有商業動機,「免費分享」可對內容擁有者造成重大損失。

於其他國家當中,僅加拿大採納了完全豁免。多名學者指出,此並不符合版權豁免的國際條款標準1。世貿組織仍很大機會就個人用戶衍生內容提出訴訟。

公平使用原則:

「公平使用」豁免機制僅被少數國家採用,當中以美國最廣為人知。公平使用條例具有開放式豁免,然而法律中並無訂明或限制其豁免範圍。美國的公平使用機制乃建立於過去150年的法律先例;香港的法律機制乃建基於英國的法律架構及先例,而非美國。於香港推行公平使用原則將需要根據美國法例重新規劃豁免機制。政府已就此進行多次研究,得出的結論為採納公平使用機制將為用戶及版權持有人帶來重大的不確性,而香港亦須作出多方面的調整。由於該機制並無明確條文,每件案件均須由法庭裁定是否屬公平使用,尤其是議案實施初期。即使在美國,評論亦指要預測某一案件的使用方法會否獲得豁免是非常困難。在缺乏美國先例案的情況下,採納此委員會審議階段修正案對香港而言實在是非常冒險。美國的法律架構乃建基於美國早在一個世紀前已所作出的決定; 美國的槍械法不適用於香港,其公平使用法亦然。

儘管如此,我們並不反對就香港可能適用的過渡性措施再進行有系統及仔細的研究,但必須審慎而行。法律事宜需要認真處理(提出此做法的人士並無於此法案的諮詢階段提出,僅於後期草率地提出審議階段修正案)。我們支持政府通過現有修正案後,並於明年探討此問題。

豁免凌駕合約條款:

這是一項新議題。英國於去年採納豁免凌駕合約條款,引起了極大爭議。英國是目前採納此條款的唯一司法權區。此英國條款仍在試行階段,並將在五年後再作檢討。本會目前並不贊成或反對豁免凌駕合約條款,但多個情況確實令我們非常擔心 2。一般而言,此措施只會影響內容製作者之間的關係,並不會影響消費者。我們不明白為何於香港倡議此條文的人士認為此條文對香港用戶非常重要,以及為何他們希望匆匆採納英國的試行條例。我們必須花更多的時間探討此議題。

本人希望以上闡述能夠解釋本會不認同立法會接納該三項委員會審議階段修正案的立場。我們非常樂意回答其他問題。許多網民的顧慮均確實存在,但亦有一些具有商業動機的人士希望修正案能夠通過。本會希望閣下能認清事實及法律,並聽取專業法律人士的意見,因為建議修正案可能會對香港的司法制度造成深遠的影響。

協會首席政策總裁馬德朗 謹啟


1 請參見香港律師會會刊中的例子:
http://www.hk-lawyer.org/en/article.asp?articleid=2284&c=140

2 豁免凌駕合約條款負面影響的例子:A公司將「聖女貞德」的故事版權售予B公司以製作影片,並要求B公司莊嚴地敘述故事,不把聖女貞德描述為「性女」。倘若版權豁免可凌駕於此合約(即此作品為戲仿),B公司可隨意把聖女貞德描述為淫亂的女性,因豁免凌駕合約條款意味着B公司毋須遵守合約條款。

Sompan Charumilinda Elected as Chairman of CASBAA Board of Directors

Khun. Sompan

Hong Kong, 08 December 2015 – CASBAA, Asia’s largest non-profit media association serving the multi-channel audio-visual content creation and distribution industry, today announced the election of Sompan Charumilinda as Chairman of the Board of Directors.

Khun Sompan is a pioneer in Thailand’s pay-TV industry, and is currently Executive Vice Chairman at True Visions Group, Thailand’s leading pay-TV operator. He has over 20 years of experience in guiding the industry through rapidly changing markets, regulatory regimes and technological developments. For the past ten years he has served as a member of CASBAA’s Board of Directors, actively promoting CASBAA’s members’ interests both in Thailand and across the region.

“It’s personally exciting for me to be elected Chairman of the Board at a time of immense technological change in our industry. CASBAA will continue to evolve to meet the changing needs of its members, and together with my fellow Directors, I will strive to ensure the Association maintains its relevance to our industry,” Khun Sompan said.

The CASBAA Board is composed of fourteen Directors, including Marcel Fenez, Andrew Jordan (Eutelsat), Janice Lee (PCCW Media), Amit Malhotra (The Walt Disney Company), Todd Miller (Celestial Tiger Entertainment), Alexandre Muller (TV5MONDE), Ricky Ow (Turner Asia Pacific), Mark Patterson (GroupM), Frank Rittman (MPA), Christopher Slaughter (CASBAA), Jonathan Spink (HBO Asia), Bill Wade (AsiaSat), and Joe Welch (21st Century Fox).

# # #

About CASBAA

Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices. For more information, visit www.casbaa.com

—For enquiries, please contact:

Cynthia Wong
Member Relations & Marketing Director
CASBAA
Tel: +852 3929 1711
Email: cynthia@casbaa.com

HK Legislature Urged: Move Now On Balanced Digital Copyright Bill

Hong Kong, 5 December 2015 – CASBAA today renewed its appeal to Hong Kong’s legislature to pass proposed amendments to the Copyright Ordinance when they come up for debate later this week. The amendments are critical to the future of the content industries in the SAR; they bring digital copyright principles to Hong Kong for the first time. “Hong Kong’s IP law is in dire need of updating,” said Chief Policy Officer John Medeiros, “in order to take account of legal and illegal digital distribution of copyrighted materials, including entire online packages of pirated pay-TV programming.”

Provisions to bring the digital world under reasonable and balanced copyright law have been debated for almost a decade in Hong Kong. (The SAR does not now have laws to implement its latest WIPO treaty commitments.) “While the laws are delayed, online piracy has flourished,” said Medeiros. “The lack of good laws in Hong Kong is causing huge damage to the creative industry. It is not theoretical; real jobs are being lost.”

The legislature next week will consider a series of more than 900 amendments to weaken the bill, and the “netizen” lobby is pushing for the bill’s defeat if their wishes aren’t met. For its part, CASBAA does not think the bill provides strong enough protection for copyrighted broadcasts, but on balance CASBAA prefers the bill be passed now, so that other issues – including the netizens’ proposed new exceptions as well as additional enforcement authority against commercial-scale piracy syndicates – can be considered in detailed consultations next year.

The bill has been dubbed an “Internet Article 23” by its detractors, confusing the public with the state security legislation in Hong Kong that was proposed, and then withdrawn, in 2003. “This nickname has become a distraction to the deliberation of the real issues in the bill,” Medeiros said. “Good copyright laws exist in all of the world’s leading democracies, and there is no contradiction between protecting creation of quality video programming, and basic civil rights.”

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促請香港立法會通過更全面的電子版權法案

亞洲有線與衛星電視廣播協會(CASBAA,下稱「協會」)今日再次敦促香港立法會在本周稍後的會議上,通過對《版權條例》的建議修訂。該次修訂對香港特別行政區內容產業的未來尤關重要,將是香港歷來首次訂立數碼版權的相關原則。協會首席政策總裁馬德朗(John Medeiro)表示:「香港的知識產權法規亟需更新,以涵蓋通過合法與非法數碼渠道發布的內容,包括以整套形式於網上發布的盜版付費電視節目。」

在過去近十年間,針對監管數碼世界的版權,香港社會已進行多次廣泛辯論,以求制定合理並兼顧各方權益的版權法(香港特區目前尚未具備相應版權法例,以致無法履行世界知識產權組織(WIPO)版權條約的最新承諾)。馬德朗續道:「法例遲遲未立,盜版行為越見猖獗。一日法規未能完善,將繼續對創意工業帶來嚴重傷害,而這種傷害並非單是理論上的,而是確切令業界流失就業機會。」

立法會下周將審議針對條例草案的超過900項修訂,這一系列修訂目的不外為削弱草案效力;而與此同時,「網民」組織亦致力遊說各界,聲稱如要求未獲接納,將全力反對條例草案通過。以協會的立場來說,條例草案現時雖未能為廣播版權提供充足保障,然而綜觀全局,協會仍傾向草案能順利通過,好讓其他議題能於下年度的諮詢中詳細討論,包括網民提出的新增豁免範圍以及加強針對商業盜版集團的執法等。

《版權(修訂)條例草案》被反對者喻為「網絡23條」,令公眾將之與2003年提出並迅即撤回的國家安全條例草案互為混淆,正如馬德朗分析道:「該具誤導性的稱謂只會妨礙公眾探討草案背後的真正議題。事實上,全球所有民主體制都設有版權法,而保障優質節目製作與維護基本公民權利完全可以並存,兩者並無衝突。」

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World Radiocommunication Conference 2015 Decides Satellite Spectrum is Central to Future Vision for Global Connectivity

Long-term Delivery of Innovative Satellite Services Are Assured a Pivotal Role Alongside Wireless and Other Complementary Technologies

27 November 2015

GENEVA, Switzerland – The world’s governments resoundingly affirmed a clear vision for the importance of many vital and irreplaceable services provided today over satellite. They also agreed on a clear framework for future access to satellite spectrum for innovative satellite communications. This was accomplished by agreeing to preserve and create new additional valuable spectrum for fixed and mobile solutions used to support a multitude of video, television and data services, to expand Internet access, and to bridge the “Digital Divide” for billions of people around the world.

The inter-governmental decisions in support of satellite spectrum were made during the conclusion of the International Telecommunication Union’s (ITU’s) World Radiocommunication Conference (WRC), where the agreements reached by national administrations reflected a comprehensive strategy in which the unique value proposition of satellite-based connectivity is an integral part of a portfolio of synergistic technologies.

“WRC-15 has been a turning point in the global recognition of the value of satellite services for the future. We commend the national administrations – and the WRC Chairman, Mr. Festus Daudu – for their commitment to connectivity for all,” said a joint statement of a coalition of associations representing the satellite industry. “These decisions provide the stability necessary for the entire satellite industry to fully leverage its strengths in support of the vision expressed by the WRC delegates.”

Among the key decisions made during WRC are the following:

L-band: WRC-15 avoided identification of the L-band spectrum, which is used by mobile satellite service operators around the world, for IMT. The Conference identified the band 1427-1518 MHz for IMT, requesting the ITU-R to determine the technical measures to ensure compatibility with the mobile-satellite service operations in the adjacent band (1518-1559 MHz).

C-band: WRC-15 reconfirmed the need to protect critical fixed-satellite service (FSS) services throughout the world in this unique band. The lower 200 MHz of the C-band downlink frequencies (3400-3600 MHz) were identified for IMT in ITU Regions 1 and 2; in Region 3 a handful of countries will sign a footnote allowing potential IMT use of these 200 MHz, while the vast majority of the region will continue satellite use of this band with “No Change”. A position of “No Change” was adopted in the band 3600-4200 MHz, and only in Region 2 was a footnote agreed which identified IMT for a few countries in the 3600-3700 MHz band. A “No Change” decision means that administrations have recognised the vital and widespread use of those frequency bands by satellite services. Anywhere that IMT is deployed, it will be subject to adherence to strict protection requirements with neighbouring countries. In addition, the Conference declined to consider a proposal for IMT systems in the C-band uplink frequencies (5925-6425 MHz).

Ku-band: In order to address a spectrum imbalance in Ku-band spectrum, WRC-15 identified additional spectrum for FSS systems between 10-17 GHz. A downlink allocation in the 13.4-13.65 GHz band in Region 1 (EMEA) was approved by the Conference. In addition, an allocation in the 14.5-14.8 GHz was approved in several countries around the world.

Future bands for 5G: The Conference decided that no globally harmonised bands for the fixed satellite service, mobile-satellite service and broadcast-satellite service in C, Ku or Ka band would be included in the scope of a new WRC-19 agenda item, which aims to identify new frequency bands for future IMT/ 5G use. Throughout the deliberations, multiple administrations in every world region expressed strong opposition to studying the Ka band for IMT/5G, again confirming the Conference’s confidence in satellite being a key player in the future digital eco-system.

ESIMs: The Conference adopted new regulations to facilitate the operation of “Earth Stations in Motion” (ESIMs) in part of the Ka-band satellite spectrum (19.7-20.2 GHz and 29.5-30 GHz). ESIMs operating in this band provide satellite broadband connectivity to mobile terminals, such as on ships and aircraft. The new regulations adopted by WRC-15 will facilitate the global roaming of such terminals, while protecting other services and applications from interference.

Other: WRC-15 adopted several agenda items for future conferences that will spur growth in the satellite industry. Studies were approved for WRC-19 for additional FSS spectrum in 51.4-52.4 GHz. In addition, the conference adopted a future agenda item for WRC-23 for additional satellite spectrum in the 37.5-39.5 GHz. Also, in a hotly contested debate, the Conference adopted a Resolution which sets the path towards allowing the use of FSS links for Unmanned Aerial Systems (UAS).

Editor’s Note:

This press release has been prepared by the Asia Pacific Satellite Communications Council (APSCC), Cable and Satellite Broadcasting Association of Asia (CASBAA), EMEA Satellite Operators’ Association (ESOA), Global VSAT Forum (GVF), Interference Reduction Group (IRG), Society of Satellite Professionals International (SSPI), World Teleport Association (WTA), and other international associations of the satellite industry.

For More Information Visit: www.satellite-spectrum-initiative.com

CASBAA Announces Thirteen-Strong Board of Directors

CASBAA Announces Thirteen-Strong Board of Directors
New Directors and Member Companies Further Broaden the CASBAA Community

Hong Kong, 12 November 2015 – Since its inception in 1991, CASBAA has welcomed an ever-growing group of members, showcasing the diverse industries and areas that make up Asia Pacific Broadcasting. Now, following its AGM on 29 October, CASBAA has announced its most extensive group of Directors to date, with many of the regional industry’s leading players represented.

A lineup of 13 preeminent Directors will form the new Board: Marcel Fenez (Fenez Media), Amit Malhotra (Walt Disney), Andrew Jordan (Eutelsat), Bill Wade (AsiaSat), Janice Lee (PCCW), Joe Welch (21st Century Fox), Jonathan Spink (HBO), Mark Patterson (GroupM), Ricky Ow (Turner), Alexandre Muller (TV5MONDE), Frank Rittman (Motion Picture Association), Sompan Charumilinda (TrueVisions), and Todd Miller (Celestial Tiger Entertainment).

“We are very fortunate to have such a remarkable group of multichannel TV industry professionals on the CASBAA Board,” said outgoing Chairman Marcel Fenez. “I would like to extend a personal thank you to our long-standing Board members, and a heartfelt welcome to our new Directors. Together, our mission is to lead the Association for the benefit of the CASBAA members and the industry as a whole. Thanks to their combined experience, insight, and dedication, the future of CASBAA looks bright under their direction.”

CASBAA also welcomed two new Corporate Members to its roster. Satellite-to-mobile internet multimedia provider, CMMB Vision is a cutting-edge company employing L-band geo-satellite with converged mobile broadcasting technology to deliver IP-based video, audio and data content directly to mobile users.

Also joining the Association is cable and broadcasting network giant 21st Century Fox, home to the premier portfolio of cable, broadcast, film, pay TV and satellite assets across the globe.

“It is a delight to welcome these new members, who bring with them unparalleled experience and reach in the broadcasting industry. I am confident they will prove to be invaluable additions to the CASBAA community,” said CASBAA CEO Christopher Slaughter.

In a final piece of news, to encourage an even broader range of industry professionals to join the CASBAA community, the Association has added a new membership category. As the industry develops, new players are emerging, with smaller start-ups and entrepreneurial organisations providing invaluable services to the industry. In order to encourage active participation with the broader CASBAA membership, the new category, Associate Membership, is open to firms with fewer than fifty employees worldwide.

# # #

About CASBAA
CASBAA is the Asia Pacific region’s largest non-profit media association, serving the multi-channel audio-visual content creation and distribution industry. Established in 1991, CASBAA has grown with the industry to include digital multichannel television, content, platforms, advertising, and video delivery. Encompassing some 500 million connections within a footprint across the region, CASBAA works to be the authoritative voice for multichannel TV; promoting even-handed and market-friendly regulation, IP protection and revenue growth for subscription and advertising, while promoting global best practices. For more information, visit www.casbaa.com

For enquiries, please contact:
Cynthia Wong
Member Relations & Marketing Director
CASBAA
Tel: +852 3929 1711
Email: cynthia@casbaa.com