Cyprus

[CY] Convention on the Legal Protection of Services Based on, or Consisting of, Conditional Access Signed

IRIS 2002-3:1/25

Andreas Christodoulou

Cyprus

Cyprus signed the Council of Europe Convention on the Legal Protection of Services based on, or consisting of, Conditional Access. According to the minutes of the process-verbal of signature, "On the twenty-fifth of January 2002, at the seat of the Council of Europe in Strasbourg, Mr Christophoros Yiangou, Ambassador, Permanent Representative of Cyprus to the Council of Europe, signed, subject to ratification, the European Convention on the Legal Protection of Services, based on, or consisting of, Conditional Access (ETS 178), which was opened for signature by the Member States of the Council of Europe and the other States Party to the European Cultural Convention, and by the European Community, in Strasbourg, on 24 January 2001."

The signing of the Convention followed Council of Ministers' Decision No. 54.442 of 21. January 2001 whereby it was decided: "a. To authorize the Republic's Permanent Representative at the Council of Europe to sign the European Convention on the Legal Protection of Services based on, or consisting of, Conditional Access, pending its ratification. b. To authorize the Minister of Foreign Affairs to submit to the House of Representatives a Law ratifying the Convention entitled ´The Law of 2002 Ratifying the Convention on the Legal Protection of Services based on, or consisting of, Conditional Access", which has been prepared by the Legal Service, for its enactment. c. To authorize the Minister of Foreign Affairs to proceed with all the necessary actions in order to submit the ratification papers of the said Convention to the Secretary General of the Council of Europe".

The aim of the draft law and the Convention is to combat piracy in the field of accessing services offered on payment, by offering legal protection. It is noted that Article 4 of the said Convention prohibits the construction, importation, sale, possession or installation of specific illegal devices promoting this kind of piracy and for this purpose the draft law provides for penalties, of imprisonment and/or fines, and gives the right to any offended party to seek civil remedies in case of violation of this Article.

The draft law is expected to come before the competent committee of the House of Representatives during March 2002.


References

  • Council of Ministers' Decision No. 54.442 of 21 January 2002

This article has been published in IRIS Legal Observations of the European Audiovisual Observatory.