Date
Topic
2019

8 February 2019

Identification of Trading Partners under Section 182 of the Trade Act of 1974

AVIA’s submission to this year’s intellectual property review by the U.S. Trade Representative documents an ongoing decline in IP protection in many Asian markets, with an especial emphasis on the increase in Illicit Streaming Devices (ISDs) and related applications. In particular we highlight China, Hong Kong, Indonesia, the Philippines, Singapore, Taiwan, Thailand and Vietnam for particular mention.

More details can be found in our submission.

2018

25 October 2018

AVIA Response to the National Communications Commission’s Green Paper on Communications Policy in an Era of Convergence

The submission addresses the need for governments to acknowledge the effects of illegal distributors of internet-based video services on the professionally-curated video industry. Additionally, AVIA’s response encourages governments to move toward a lighter-touch regulation of the professionally-curated video industry, consistent with trends in the digital age.

More details can be found in our submission.

28 September 2018

Final Submission to ABEI on Decree 6 Revisions

AVIA’s response to the Vietnamese Authority for Broadcasting and Electronic Information on the proposed amendments to Decree 6 on the Management, Provision and Use of Radio and Television Services.

More details can be found in our submission.

14 April 2018

CASBAA response to the Communications Authority’s Consultation Paper on the Review of “The Regulations of Indirect Advertising”

The submission parallels CASBAA’s response to the Communications Authority’s Consultation Paper on the “Review of the Restriction of Broadcast of Advertisements for Undertakers and Others Associated with Death or Burial”.

More details can be found in our submission.

14 April 2018

CASBAA response to the Communications Authority’s Consultation Paper on the “Review of the Restriction on Broadcast of Advertisements for Undertakers and Others Associated with Death or Burial”

The submission addresses that, while Hong Kong has a light-touch regulatory approach, it would be beneficial to conduct a wider review of advertising regulations be undertaken and relaxed, in line with other major markets.

More details can be found in our submission.

1 February 2018

Response to Consultation on Uplinking and Downlinking of Television Channels in India (TRAI)

More details can be found in our submission.

2017

28 August 2017

CASBAA Comments on Ease of Doing Business in Broadcasting

More details can be found in our submission.

7 April 2017

CASBAA shares their experiences in the ISD Industry with UK IPO

The UK IPO has put out a consultation paper on Illicit Streaming Devices (ISDs) in the form of an open ended inquiry. CASBAA shared views on certain global aspects of development of the ISD industry. Since the focus of our activities comprises an Asian legal jurisdiction, we confined our answers to certain international questions posed by the IPO in its Call for Views.

More details can be found in our submission.

2016

November 2016

CASBAA provides comments on Ministry of Law’s copyright consultation

In this paper, we offer to MinLaw and IPOS our considered reactions to the proposals in the Consultation Paper. In addition, in keeping with the broad scope of the consultation and the need to ensure that policymakers are aware of developing trends in distribution of legitimate and illegitimate content offerings, we will offer some general background on the growth of new types of infringement in Singapore and Asia, and some specific suggestions for amendments in the Copyright Law to make it more effective in the new digital environment.

More details can be found in our submission and annexure.

11 February 2016

Annual Submission on Intellectual Property in Broadcasting

CASBAA’s submission to this year’s intellectual property review by the US Trade Representative documents an ongoing decline in IP protection in many Asian markets – due directly to mushrooming piracy as broadband networks are built out. Among other issues, the submission comments on:

  • The Chinese IT industry’s supportive role in global TV piracy
  • Hong Kong’s decline from being an IP policy leader, as even modest attempts to improve copyright legislation flounder
  • India’s efforts to use cable digitisation to repress cable piracy
  • Indonesian issues on piracy as well as market access
  • Failure of Thailand’s new copyright law to make any impact on online piracy

More details can be found in our submission.

2015

16 April 2015

CASBAA urges Indonesian government to intervene on pay TV rules

Citing the “unilateral and uncompromising approach” adopted by the Indonesian Broadcasting Commission (KPI), CASBAA wrote to the Minister of Communications and Information Technology to ask that the government intervene, to end the confusion caused by conflicting interpretations of the law and to safeguard Indonesia’s overall interests. KPI demands to pay TV operators that they:

a) implement pre-censorship of all pay TV channels and
b) remove all Asian regional advertising from programme streams

are “leading to an impossible situation for the industry, and jeopardising Indonesia’s image overseas”, CASBAA said.

CASBAA members can download the letter to Kominfo Minister Rudiantara as well as further background, including the presentation to the KPI.

16 February 2015

Annual Submission on Intellectual Property in Broadcasting

CASBAA gave its latest views to the US Trade Representative, as USTR began its annual review of intellectual property policies and practices. Most of the situations in CASBAA’s Asian markets have not radically changed, though the rise of online piracy is a growing concern as the region’s broadband networks are built out.

More details can be found in our submission.

08 January 2015

CASBAA suggests that Vietnam focus on reducing regulatory burdens, and protecting intellectual property

In a submission to the Authority for Broadcasting and Electronic Regulation (Ministry of Information), CASBAA urged the Vietnamese authorities to adapt its pay TV regulations in light of the “overwhelming force sweeping the television industry worldwide … convergence and the rapid growth of online television services, both legal and illegal”. Vietnam is considering re-issuing its pay TV regulations as a new government decree, and CASBAA suggested this is an opportune time to prepare for full-on competition from online TV broadcasting by reducing strict regulation of traditional pay TV, and taking action to ensure copyrights are respected.

More details can be found in our submission.

2014

December 2014

CASBAA Puzzled Over Indonesian TV Regulations

CASBAA also protested that recent KPI exhortations to replace foreign ads in international advertising streams run counter to international practice (and indeed has not been implemented in any other country in the manner KPI seems to envision). Citing Thai practice up until 2008 as an example, CASBAA warned the regulators that “if a broadcaster receives less advertising income on its channels as a result of removal of Indonesia from its distribution base and rate card, it can only make up the shortfall by increasing the cost of its channels”. Again, over-regulation will only increase the costs to Indonesian consumers.

More details can be found in our submission.

17 October 2014

Stark Messages for Hong Kong: You Are Losing Jobs to Piracy; Copyright Law Badly Needs Fixing

The local and international television industries united this week in delivering a stark message to Hong Kong’s Legislature: the rise of online piracy is already damaging jobs and investment in one of Asia’s leading media hubs, and urgent legal and enforcement action is needed to restore some level of balance in a copyright environment that has badly deteriorated.

The messages came in a series of TV industry submissions to a legislative panel considering improvements to Hong Kong’s Copyright Ordinance. The law has never been updated to take account of legal and illegal digital distribution of copyrighted materials, including individual programmes, linear channel streams, and entire packages of pay TV programming. CASBAA, in its submission, noted “the 10 years of delay in formulating … these amendments mean that online piracy problems have grown and changed far beyond the expectations of those who began this process, including both government and industry”.

More details can be found in our submission.

A series of submissions from international media groups using Hong Kong as their Asian headquarters, as well as Hong Kong’s major indigenous TV producer TVB and leading telecommunications network provider PCCW, offered similar messages.

  1. 21st Century Fox
  2. CNN
  3. Discovery
  4. Fox
  5. HBO
  6. PCCW
  7. Time Warner
  8. Turner
  9. TVB
  10. Hong Kong Copyright Alliance

More details can be downloaded.

19 August 2014

CASBAA Tells Law Commission: India Would be Well Advised to Avoid Heavy-Handed Regulation

Several months ago, the Law Commission of India launched a consultation on media law which is concluding now. Among other things, the LCI is considering issues of media ownership and competition – which have by no means been settled by recent TRAI recommendations on the subject. CASBAA has urged a light touch, with close reliance on general competition law. CASBAA also addressed the question of how best to regulate media content, urging continued reliance on India’s self-regulatory bodies, warning that “Overly rigid content regulation, as seen in some other countries, will induce a massive shift in consumer demand for unregulated content viewed via the internet”.

More details can be found in our submission.

17 July 2014

WIPO Expert: HK is Right to Reject a Copyright Exception for UGC

A leading international expert in copyright law published a commentary on Hong Kong’s proposed approach to user-generated content (UGC), in which he concludes that “to guarantee safe harmony with international treaties”, the government is wise not to pursue a sweeping exception for UGC. Dr Mihaly Ficsor is former Assistant Director (Copyright) of the World Intellectual Property Organisation (WIPO), and his commentary can be found on the website of the Hong Kong Layer magazine (1).

“Netizen” advocacy groups in Hong Kong used the recent public consultation on exceptions for parody and political commentary to demand exceptions for all user-generated content, and they continue to press their case in the Legislative Council. The HK government’s legislative proposal rejected a sweeping exception and proposed more targeted exceptions to make sure there is no obstacle to parody and political commentary. Dr Ficsor says this is the right approach: genuine parody is “a typical form of UGC creation” which deserves support through “fine-tuned exceptions”, but “the concept of UGC is too broad and vague” and a broad exception will likely conflict with WIPO’s own treaties and their “three-step test” for copyright exceptions.

While netizens groups propose simple-sounding safeguards, they are frequently unworkable. Dr Ficsor observes that, for example, just stating that UGC should be excepted as long as it has no commercial purpose doesn’t cut the ice, as “even if the (user-generated) adaptation does not generate profit for its creator, the websites on which UGC adaptations are included are themselves usually profit-oriented (based, in general, on advertisement money).”

Noting that the European Union (among other governments) recently also rejected proposals for a broad UGC exception, Dr. Ficsor says “there does not seem to be any real need to legislate on UGC.” The situation is hardly different in Hong Kong from the EU, he says, where a just-published White Paper notes: “There is a lack of evidence that the current legal framework for copyright puts a brake on or inhibits UGC (absence of ‘chilling effect’)”. On the other side, a broad exception for secondary adaptations risks damaging primary creation: “Possible exceptions aimed at facilitating secondary productions must not endanger the sustainable creation and production of the primary works,” says Dr Ficsor.

7 July 2014

New Chinese Copyright Amendments Published

In early July, China’s State Council Legislative Affairs Office published a new draft Copyright Law for public comment.

29 June 2014

No need for commercial TV rates to be regulated, CASBAA says

CASBAA stressed to Indian regulators that the theory of rate regulation was to protect individual consumers who have limited market power, not commercial customers with many different choices of TV suppliers. TRAI, CASBAA urged, should “allow the conditions of program supply to commercial premises to be negotiated between content aggregators, distribution platforms, and owners of commercial premises”.

More details can be found in our submission.

7 February 2014

Annual Submission on Intellectual Property in Broadcasting

As in past years, CASBAA gave its views to the US Trade Representative as that organisation began its annual review of intellectual property policies and practices around the world. Most of the situations in CASBAA’s Asian markets have not radically changed, though the rise of online piracy is a growing concern as the region’s broadband networks are built out. The submission expresses grave concern about development and export of Android-based pirate “black boxes” that make available whole bouquets of pay TV programming, usually streamed from China to other markets in the region. On the good news side, it lauds the Indian government for its cable digitisation policy, and notes that the Vietnamese government’s liberalisation of its pay TV regulations in May 2013 has resulted in a smooth market situation there.