33rd SCCR: CIS Statement on the Proposed Treaty for the Protection of Broadcasting Organizations

Thank you, Mr. Chair.

The Centre for Internet and Society is a civil society organisation from India. We would like to associate ourselves with the statements made by KEI and Karisma Foundation.

First, Mr. Chair, on SCCR/33/5 Note on the Draft Treaty to Protect Broadcasting Organizations which is a document presented by the delegations of Argentina, Colombia and Mexico – which was flagged off as relevant for SCCR/33/3. Mr. Chair, this document is problematic as it in essence, tries to extend the scope of the treaty to apply to internet-originated content, and thus by extension internet transmissions. This manifested in the push for protection of on-demand material and catch-up services as well in the discussions over the past two days.

Mr. Chair, I’d like to reeiterate that the mandate of the General Assembly was confined to broadcasting and cablecasting organizations in the traditional sense; the definition of broadcasting, protected by the scope of the Treaty, should as such be limited to the type of transmission exploited by traditional broadcasters – as stated by the delegation of Iran.

Further, Mr. Chair where as EU, China, Argentina, Colombia and Mexico continue to speak of technological advancements to justify expansion of rights under the treaty, there has still been no discussion on the inadequacy of existing international legal instruments to address these technological advancements, to justify the broadcasters’ ask of an additional layer.

Finally, reiterating the Asia-pacific group, the canvassing of this treaty should be balanced: it should take into account commercial interests in copyright and right holders, and equally important, it should also take into account other competing interests in copyright, including the public interest in scientific, cultural, social progress and promoting competition.

Thank you.