Murphy v Media Protection Services Ltd [2007] EWHC 3091 (Admin) (21 December 2007)

Murphy v Media Protection Services Ltd [2007] EWHC 3091 (Admin) (21 December 2007)

Section 297(1) CDPA applies where the programme received is transmitted for simultaneous reception by the public in the UK, regardless of whether the immediate broadcaster is based in the UK or abroad. The intent to avoid payment is established if the defendant knows the UK broadcaster has exclusive rights and arranges to receive the broadcast without paying the UK charge, even if a charge is paid to a foreign broadcaster. The definitions in s.6(4) CDPA and related Directives concerning the place of broadcast are not determinative for s.297(1).

Citation
[2007] EWHC 3091 (Admin)
Parties
Appellant/defendant: Karen Murphy; Respondent/informant: Media Protection Services Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Criminal Appeal by Way of Case Stated / High Court (administrative Court) on Appeal From Portsmouth Crown Court
Outcome
Appeal dismissed
Legal Topics
Copyright Infringement, Fraudulent Reception of Transmissions, Conditional Access Technology, Territorial Licensing, Dishonest Reception of Broadcasts
Criminal Law Intellectual Property Law Broadcasting Law Copyright Infringement Fraudulent Reception of Transmissions Conditional Access Technology Territorial Licensing Dishonest Reception of Broadcasts

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Parties

Karen Murphy

Appellant/defendant

Media Protection Services Limited

Respondent/informant

Procedural Posture

Criminal Appeal by Way of Case Stated / High Court (administrative Court) on Appeal From Portsmouth Crown Court

Legal Issues

  1. 1 Whether s.297(1) CDPA requires the broadcasting service to be based in the UK
  2. 2 Whether FAPL or BSkyB are broadcasters under the Act
  3. 3 Whether the live feed to NOVA constitutes a broadcast under the Act

Ratio Decidendi

Section 297(1) CDPA applies where the programme received is transmitted for simultaneous reception by the public in the UK, regardless of whether the immediate broadcaster is based in the UK or abroad. The intent to avoid payment is established if the defendant knows the UK broadcaster has exclusive rights and arranges to receive the broadcast without paying the UK charge, even if a charge is paid to a foreign broadcaster. The definitions in s.6(4) CDPA and related Directives concerning the place of broadcast are not determinative for s.297(1).

Court Disposition

Appeal dismissed

Orders

  • Appeal by way of case stated dismissed
  • Conviction upheld