European broadcasters welcome the Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty

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Geneva, 13 March 2023.

European broadcasters, through the Association of Commercial Television and Video on Demand Services in Europe (ACT) and the European Broadcasting Union (EBU), which represent both commercial and public service broadcasters as well as video-on-services operators, welcome the continued commitment of WIPO Member States to finalize their work on the WIPO Broadcasting Organizations Treaty.

Protecting broadcasting organizations from illegitimate actors has never been more important: global piracy significantly undermines the commercial value and exploitation of live and premium content. This content is a core pillar of media (re-)financing and remits, so they must be able to act quickly and efficiently to fight piracy worldwide.

The adoption of a WIPO Broadcasting Organizations Treaty would harmonise the protection granted to broadcasting organizations by setting minimum standards internationally. It would be an effective anti-piracy instrument to protect programme-carrying signals on a global scale.

As such, the Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty (SCCR/43/3) is a balanced instrument aimed at protecting the programme-carrying signal. The amendments made to text allow for a common understanding of the scope of protection and take into account the various legal traditions to provide efficient tools to fight piracy, both on domestic and international levels.

The signatories are of the opinion that the Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty covers the principles necessary for the legal protection of programme-carrying signals; and, therefore, could serve as a basis for finalising the text of the WIPO Broadcasting Organizations Treaty in view of convening a Diplomatic Conference for the adoption of said treaty.

In this context, they call upon WIPO Member States (i) to reach consensus on key outstanding issues – should it be necessary, to finalise the Second Revised Draft Text for the WIPO Broadcasting Organizations Treaty in dedicated meetings, and (ii) to recommend the WIPO General Assembly to convene a Diplomatic Conference for the adoption of the WIPO Broadcasting Organizations Treaty.

ACT and EBU and their Members take this occasion to thank the facilitators and the WIPO Secretariat for their work, and they remain committed to support WIPO with their expertise and assistance to reach this goal.