[A2k] 33rd SCCR: CIS Statement on the Proposed Treaty for the Protection of Broadcasting Organizations

Anubha Sinha anubha at cis-india.org
Wed Nov 16 06:28:34 PST 2016


"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 
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."


Anubha Sinha
The Centre for Internet and Society


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