The technological paradox: the conflict between territoriality and new forms of dissemination

In AKM , the European Court of Justice ( ECJ) recently ruled that under art.1(2)(b) of Directive 93/83 , satellite broadcasting organisations that satisfy certain conditions are only required to obtain authorisation in the Member State where programme-carrying signals are introduced. The effect of this is that authorisation does not have to be obtained in Member States where satellite signals can potentially be received. As this appears contrary to Airfield , this article considers some of the implications of the ruling, not just for satellite broadcasting, but also with respect to the general communication to the public right contained within art.3(1) of Directive 2001/29 .