Ideas in Development WIPO Information Meeting on Developments in Broadcasting “Broadcasting and the Public Interest” Sisule F. Musungu, IQsensato Geneva, Switzerland: 25 May 2009 Ideas in Development

Ideas in Development Presentation outline Background: The concept of public interest in broadcasting. Broadcasting and the public interest: Ten possible analytical and policy entry points. Broadcasting, the public interest and intellectual property rights – Conceptual framework. Broadcasting, the public interest and intellectual property rights – Existing protection and future needs.

Ideas in Development Background: The concept of public interest in broadcasting ‘The public interest ‘ as general welfare and/or common well-being. In broadcasting, the public interest is an old but dynamic concept which has changed in meaning overtime and has different dimensions. As a result, it is a crucial but yet ill-defined concept. What constitutes working for or promoting the general welfare and/or common well-being (public interest) in a society can not always be presumed. Different stakeholders in each society have different objectives and competing interests have to be reconciled. The public interest motives of actors could be examined from a community, national or international perspective.

Ideas in Development Broadcasting and the public interest: Ten possible analytical and policy entry points (1) Public interest in development – The role of broadcasting in sectors such as education and culture and as a driver of economic growth and an instrument for promoting social cohesion. Public interest in efficient use of spectrum – a limited public resource. Public interest in affordable and universal access to broadcasts – public service versus private broadcasting; traditional broadcasting versus cable casting; broadcasting and the internet; marginalised or special needs groups. Public interest in providing incentives to invest in broadcasting – profit-making; addressing signal theft.

Ideas in Development Broadcasting and the public interest: Ten possible analytical and policy entry points (2) Public interest in responsible broadcasting – obligations and constraints on broadcasters as well as the need for public participation in broadcasting policy-making and regulation. Public interest in the structure, ownership and control of broadcast media – Media concentration; convergence; foreign versus local ownership and control. Public interest in governance and accountability – promotion of democracy & human rights; corporate governance including in the broadcasting industry.

Ideas in Development Broadcasting and the public interest: Ten possible analytical and policy entry points (3) Public interest in equitable relationships between content producers and broadcasters as well as broadcasters and other stakeholders such advertisers competitors etc. Public interest in innovation and competition in the broadcasting sector – technological and social innovation; new business models; pricing. Public interest in a balance between international cooperation, including international treaty standards on broadcasting, and national policy and regulatory autonomy.

Ideas in Development Broadcasting, the public interest and intellectual property (IP) rights – Conceptual framework “The protection and enforcement of intellectual property rights should contribute to the promotion of technological innovation and to the transfer and dissemination of technology, to the mutual advantage of producers and users of technological knowledge and in a manner conducive to social and economic welfare, and to a balance of rights and obligations.” [TRIPS; Art 7].

Ideas in Development Broadcasting, the public interest and intellectual property (IP) rights – Existing protections and future needs The international IP system currently recognises certain rights enjoyable by broadcasters in a number of international treaties including the Rome Convention, the TRIPS Agreement and the Satellites Convention, WCT and WPPT. To what extend are these rights based on or relevant to various public interest dimensions in broadcasting? From a public interest standpoint is there need for new multilateral IP rights for broadcasters? If yes, how should the various dimension of the public interest in broadcasting shape the nature, scope and enforcement of such rights?