It is estimated that 750,000 Canadian households currently receive unauthorized satellite signals, either because they are "stolen" from licensed Canadian distributors or because they are received from unlicensed offshore distributors through so-called "grey-market" equipment.   Thus, the term "piracy" to describe this unauthorized activity. In an effort to strengthen the fight against satellite piracy, the federal Government has announced its intention to amend the Radiocommunication Act to raise the maximum penalties for signal theft and to make it easier for Canadian broadcasters to bring civil actions against anyone who sells illegal equipment and services. This announcement follows the Supreme Court of Canada decision (Bell ExpressVu v Rex et al, [2002] 2 SCR 559) declaring illegal any access to direct-to-home satellite signals in Canada from providers other than the two licensed providers, Bell ExpressVu or Star Choice. Following the decision of the Supreme Court, a group of "grey-market" equipment retailers began a constitutional challenge to existing CRTC regulation based on alleged infringement of the Charter of Rights.   However, this action was recently abandoned. While enforcement in the world of electronic communications can be problematic, at least moves are afoot to clarify the legislative and regulatory framework for satellite signal distribution in Canada. For a copy of the Radiocommunication Act, visit: http://laws.justice.gc.ca/en/R-2/. For a copy of the Supreme Court of Canada decision, visit: http://makeashorterlink.com/?A5C724226. Summary by: Sue Diaz

E-TIPS® ISSUE

03 10 09

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