Murphy v Media Protection Services Ltd
Section 297(1) CDPA does not require the broadcasting service to be based in the UK for the offence to be committed. The programme received by Ms Murphy originated from the UK, and the requisite intent to avoid payment is satisfied by knowingly circumventing the exclusive UK broadcaster's charge, even if payment is made to a foreign broadcaster.
- 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 / Appeal From Crown Court Decision to High Court
- Outcome
- Appeal dismissed
- Legal Topics
- Copyright Infringement, Fraudulent Reception of Transmissions, Conditional Access Technology, Broadcasting Rights
Case Brief
Summary, issues, holding and outcome
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Parties
Karen Murphy
Appellant/defendant
Media Protection Services Limited
Respondent/informant
Procedural Posture
Criminal Appeal by Way of Case Stated / Appeal From Crown Court Decision to High Court
Legal Issues
- 1 Whether s.297(1) CDPA requires the broadcasting service to be provided from the UK
- 2 Identification of broadcaster and broadcasting service under s.297(1) CDPA
- 3 Definition of 'programme' and 'broadcast' under CDPA
Ratio Decidendi
Section 297(1) CDPA does not require the broadcasting service to be based in the UK for the offence to be committed. The programme received by Ms Murphy originated from the UK, and the requisite intent to avoid payment is satisfied by knowingly circumventing the exclusive UK broadcaster's charge, even if payment is made to a foreign broadcaster.
Court Disposition
Appeal dismissed
Full Case Text
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