US TV
An appeals court in the United States has struck down a Federal Communications Commission rule that would have required all digital terrestrial TV tuning devices in the US to recognise a special signal designed to prevent sharing of broadcast TV programmes on the Internet.
In November 2003, the FCC adopted a rule allowing broadcasters to transmit a special "broadcast flag" alongside TV programmes. The rule that was thrown out by the appeals court on Friday would have required as of July 1 that all DTT tuners recognise and "give effect to" the flag - that is, have procedures to impede the sharing of recorded programmes on the Internet.
The United States Court of Appeals for the District of Columbia said that the FCC had "exceeded the scope of its delegated authority" by issuing the rule, adding that there was "no statutory foundation for the broadcast flag rules."
"We can find nothing in the statute, its legislative history, the applicable case law, or agency practice indicating that Congress meant to provide the sweeping authority the FCC now claims over receiver apparatus," said the appellate court panel's opinion.
The decision is a major victory for many consumer groups who oppose the broadcast flag.
"This case is a great win for consumers and for technology innovation," said Gigi Sohn, president of Washington, DC-based Public Knowledge. "It's about more than simply broadcasting. It is about how far the FCC can go in its regulations without permission from Congress. Had the flag been implemented, Hollywood, acting through the FCC, would have been able to dictate the pace of technology in consumer electronics. Now, thankfully, that won't happen. While we recognise that the content industries may ask Congress to overturn this ruling, we also recognise that Congress will have to think very hard before it puts restrictions on how constituents use their televisions."
Broadcasters and production studios favour the flag as a means of preventing piracy. One such broadcaster is NBC. That network's chairman, Bob Wright, said:
"Today's court ruling imposes crippling restraints on the FCC's ability to effectively support the development of a safe, sustainable marketplace for the creation and distribution of digital TV broadcasting. These limits will harm millions of American consumers who want to receive high-quality content through over-the-air digital broadcasts. The broadcast and motion picture industries are embracing new digital distribution technologies, but, to protect these works from theft, the laws must keep up. As it did with the outlawing of spam, Congress needs to ensure that our laws keep pace with the evolving digital technology landscape."
In November 2003, the FCC adopted a rule allowing broadcasters to transmit a special "broadcast flag" alongside TV programmes. The rule that was thrown out by the appeals court on Friday would have required as of July 1 that all DTT tuners recognise and "give effect to" the flag - that is, have procedures to impede the sharing of recorded programmes on the Internet.
The United States Court of Appeals for the District of Columbia said that the FCC had "exceeded the scope of its delegated authority" by issuing the rule, adding that there was "no statutory foundation for the broadcast flag rules."
"We can find nothing in the statute, its legislative history, the applicable case law, or agency practice indicating that Congress meant to provide the sweeping authority the FCC now claims over receiver apparatus," said the appellate court panel's opinion.
The decision is a major victory for many consumer groups who oppose the broadcast flag.
"This case is a great win for consumers and for technology innovation," said Gigi Sohn, president of Washington, DC-based Public Knowledge. "It's about more than simply broadcasting. It is about how far the FCC can go in its regulations without permission from Congress. Had the flag been implemented, Hollywood, acting through the FCC, would have been able to dictate the pace of technology in consumer electronics. Now, thankfully, that won't happen. While we recognise that the content industries may ask Congress to overturn this ruling, we also recognise that Congress will have to think very hard before it puts restrictions on how constituents use their televisions."
Broadcasters and production studios favour the flag as a means of preventing piracy. One such broadcaster is NBC. That network's chairman, Bob Wright, said:
"Today's court ruling imposes crippling restraints on the FCC's ability to effectively support the development of a safe, sustainable marketplace for the creation and distribution of digital TV broadcasting. These limits will harm millions of American consumers who want to receive high-quality content through over-the-air digital broadcasts. The broadcast and motion picture industries are embracing new digital distribution technologies, but, to protect these works from theft, the laws must keep up. As it did with the outlawing of spam, Congress needs to ensure that our laws keep pace with the evolving digital technology landscape."
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