Tag: broadcast undertakings

ISPs not broadcast undertakings says Supreme CourtISPs not broadcast undertakings says Supreme Court



The Supreme Court delivered its reasons this morning affirming the decison of the Federal Court of Appeal  in the  Broadcasting Reference case. The Court ruled that ISPs do not carry on “broadcasting undertakings” under the Broadcasting Act when, in their role as ISPs, they provide access through the Internet to “broadcasting” requested by end-users.

The reasons for the decison were given as follows:

Section 2 of the Broadcasting Act defines “broadcasting” as “any transmission of programs … by radio waves or other means of telecommunication for reception by the public”.