Jurisdictional Issues Regarding Television Content Involving Multiple Countries

With access to better technology, its possible nowadays to view foreign television channels in any country, even though that country may not have the license to operate in that country.

In such a case, what happens if the television channel were to air content that is probably okay to view in one country, but may not be deemed appropriate another? If you’re a law student you may want to read on.

Here’s a practical scenario:

A particular TV channel may project itself to be very different (in terms of content) from other conventional media channel, which is possible if it were only available in online streaming format through Internet. The advantage of this medium is that its available to anyone, anywhere in the world.

And because they know the rules of the game, they’ll usually host the television website from a server that is located in a country where there is complete immunity to those related to media. So journalists and news agencies cannot be prosecuted (civil or criminal) because of their activities relating to News reporting and Publication.

 

Here’s a video that shows how IPTV Work

 

 

Most of these channels invite advertisers from all parts of the world to advertise on its website, so that they can earn revenue. The rates, terms & conditions and e-mail addresses are provided on the site itself. Though some of the content will be available to all the users, you need to pay (paid subscription to the website) to see their premium content, like special features, and/or if you want to post comments on a “News item”.

As you can see, these guys pretty much cover themselves, at least as far as the infrastructure related part is concerned.

Part 2

We saw how a television network could set itself up to operate from a remote country which gives them legal protection.

Such channels are usually under criticism from various other media publications and civil society groups, as most of the time they air sensational things in the name of “news”, whereas their objective could be to evoke public reactions. The news that they show could be in violation of the minimum journalistic ethics and responsibility to society.

Now, just imagine a hypothetical scenario where if their website were to receive large number of hits and they decide to expand the dimensions of its content and soon started having international “news items” as well?

In that case, as long as the content is related to sports, entertainment, cooking, and so on, it may be fine but if you start airing content involving religious, customs, & traditions, it could get controversial…I’m sure the TV owners would like it :D.

But then anything around religion could easily get controversial, and if its read by people from several countries, it could also make one country face-off against another, especially if the news website is irresponsible. There can be potential repercussions of coverage of such sensitive issue.

So assuming, if the website were to stream controversial content, which offends people in some other country, how do the people there legally deal with it?

Part 3

There have been a lot of controversies in the last year or so, regarding some controversial comments on Facebook. but then most countries, including India, have laws (Information Technology act) on how to deal with offensive comments on the Internet (though there were controversies on how Section 66 needed to be interpret). In such a case, India could ask Facebook to remove the offensive material.

But what if the website severs were based in some country where it becomes difficult for a country to approach the concerned authorities? In that case, one could block the content of that particular website.

And what about the damage that has already been damage (just assume riots were to happen because of some irresponsible news concerning religion), how does one initiate legal action against them?

In that case, the court could issue a preliminary injunction against that particular channel prohibiting it from streaming its signals to that particular country. People can also file civil and criminal cases if their content resulted in turmoil and riots in another country.

However, considering the boundary-less nature of Internet, things can be complicated. Most of the time, content that is objectionable in some country could be perfectly fine in another country.

Besides, some of these TV channels operate from countries that provides them complete immunity under the law of that country for its “news contents”. And most of the time, these websites make you agree to the terms & conditions which means subscribers have agreed to the law of that particular country where the TV network is given complete immunity from any civil and criminal prosecutions.

Part 4
Internet today is a powerful medium and its only going to be more powerful, with countries trying to have more and more control over it, not just for business but also for warfare (cyber).

That is why its important for users to have some basic knowledge about the do’s and don’t, when posting on the internet. Remember, its not read just by your friends, your comments could potentially be read by people across the world.

Its also equally important for countries to have mechanisms (at a much higher level) to amicably deal with controversies that emanate using the Internet.

As far as our hypothetical scenario is concerned, the affected countries can prosecute the controversial TV network under the “effects principle”, as under this principle the state is allowed to exercise jurisdiction if the conduct has a substantial effect within the state’s territory. The offending news network can be banned in your country and that news channel can also be ordered to ensure that users from your country are unable to access their content.

Case Study

Controversy TV, is a recently launched television news network which has “a New kind of News” as its tagline. The News channel is very different from other conventional media channel as it is only available in online streaming format through Internet available to anyone, anywhere in the world. Controversy TV invites Advertisers from all parts of the world to advertise on its website, by informing the advertising rates, terms & conditions and e-mail address for advertising queries on its website. The readers of the website need to subscribe to the website, if they want to see premium content like special features and avail of the opportunity to post comments on a “News item”.

Controversy TV, is hosted from a server located in a country “Republic of Data Island”(RDI) where there is complete immunity to journalists and news agencies from any civil or criminal prosecution on account of their activities relating to News reporting and Publication.

Controversy TV from the outset, was under criticism from other media publications, academicians and civil society groups, as most of the what it streamed on its website in the name of “news” was only sensational attempts to evoke public reactions and in violation of the minimum journalistic ethics and responsibility to society. Emboldened by the number of increasing hits on its website and the public reactions that it was generating, Controversy TV started to expand the dimensions of its content and soon started to have international “news items” as well.

Controversy TV remained unfazed, and in due course announced a premium content series named “Relook at the Religious Figures around the world” on its website. Aware of the potential repercussions of coverage of such sensitive issue from an irresponsible news website like Controversy TV, many efforts and protests were made to dissuade Controversy TV from going ahead with the online streaming of this series. Controversy TV, true to its name, rejected all appeals for reason, and streamed the first series on a highly regarded religious figure from a country “Social Democracy of Believers” (SDB) in Asia with a lot of objectionable assertions. The streaming of the series on the website was followed by massive demonstration in SDB and soon communal riots followed in the rest of the world, where followers of the said religious leader, attacked the co-religionists of the owners of the Controversy TV.

“Nation of Harmonious People”(NHP), was one of the countries hit by such riots as it has substantial followers of the religious leader, and its court issued a preliminary injunction against Controversy TV prohibiting it from streaming its signals into the NHP. Controversy TV was also facing civil and criminal prosecution suit in SDB because of its series that generated the turmoil and riots in that country.

Controversy TV which has substantial commercial interests in both the countries, contested the restrictions on its website and the civil and criminal suits, claiming that it had complete immunity under the law of RDI for its “news contents” and that this particular news series was premium content and the users by subscribing to view this series have agreed to the law of RDI where it was given complete immunity from any civil and criminal prosecutions.

Comment on the Jurisdictional issues involved and determine which of the countries in the present case have the jurisdiction to prosecute Controversy TV. Give reasons in support of your answer keeping in mind the boundary-less nature of Internet.

Here’s an Answer:

Controversy TV, located in “Republic of Data Island” (RDI), cannot be prosecuted in RDI as there is complete immunity to journalists and news agencies from any civil or criminal prosecution on account of their activities relating to News reporting and Publication.

Users, by subscribing to the premium content of Controversy TV, have agreed to the terms and conditions of Controversy TV which comes under the jurisdiction of RDI.

However the affected countries (NHP, SDB) can prosecute Controversy TV under effects principle, as under this principle the state is allowed to exercise jurisdiction if the conduct has a substantial effect within the state’s territory.

In that respect, Controversy TV can be banned in the countries NHP, SDB. In addition, Controversy TV can also be ordered to ensure that users from the countries NHP, SDB are unable to access their premium content.