The Cable & Satellite Broadcasting Association of Asia (CASBAA) received a settlement in a broadcasting piracy case against Turtle Cable, accused of operating as an infringing cable TV IP operator in the Philippines, CASBAA announced July 9.
    The association called the settlement a “breakthrough,” providing a legally binding deterrent to prevent pay-TV piracy in the Philippines. “It is a significant step towards guaranteeing copyright protection for broadcasting in the Philippines. The other good news is that Turtle Cable can now resume business as an authorized pay-TV provider. We wish them every success in the future,” Simon Twiston Davies, CEO of CASBAA, said in a statement.
    The settlement comes a year after a Philippines court served the country’s very first pay-TV temporary restraining order against Turtle Cable after CASBAA filed a series of complaints. The order barred Turtle Cable from redistributing international cable channels for which it does not have a distribution contract. CASBAA said proceedings were about to enter the trial stage before the IP Philippines’ Bureau of Legal Affairs when settlement was reached.
     CASBAA also received an apology letter from Turtle Cable, which it released to the public July 9. “We now recognize that by rebroadcasting the copyrighted television programs, program promotions or any portion of the broadcasts without their authority, we have infringed on their intellectual property rights. The infringement of intellectual property rights is wrong. … We are grateful to CASBAA for terminating its legal action against us and giving us the opportunity to continue our business in a manner that is fair and respectful to the rights of others,” Turtle Cable said in the letter.
    Adrian Cristobal Jr., IP Philippines director general, said that illegal and unauthorized broadcasting of copyrighted television programs has caused significant economic losses to legitimate cable operators. "[Piracy] deters the growth of the copyright industry, which employs more than 300,000 people in the Philippines alone,” he said.
    IP Philippines was instrumental in overseeing and delivering the settlement, according to John Medeiros, deputy CEO of CASBAA, who hailed IP Philippines’ efforts to protect the broadcaster. “The firm resolve of IP Philippines demonstrates there is a clear justification under Philippine law and international treaties for broadcasters to authorize and collect relevant fees for the distribution of their programming. Casbaa commends IP Philippines for its professional handling of this case, as well as its commitment to support the prevention of cable piracy in the Philippines.”
    Sue Taylor, senior vice president and general manager of NDS Asia-Pacific said broadcater’s growth in the Philippines has been blighted by piracy issues. “There have long been problems with piracy in the Philippines as demonstrated by recent raids in the region. The legal market for pay-TV is barely above 1 million homes, around 10 percent penetration, according to recent Media Partners Asia (MPA) analysis. Piracy, over-building and capital constraints have limited development thus far.”
    Taylor is optimistic that broadcasting services can thrive in a healthy and legal regional market. “Long term, we expect DTH services to flourish in the Philippines, so long as the issue of piracy is addressed in an ongoing consistent basis. This will be good for subscribers, providing greater access to premium content, and good for operators, allowing them to run successful businesses with innovative new services for subscribers. To maintain the healthy growth of satellite pay-TV in this market there needs to be a strong legal framework, companies operating within the framework, investment into the industry and strong consistent enforcement of anti-piracy laws," she said.