French Court Dismisses Case Against Major Satellite Company

| |
Related articles: World > International

On Nov. 17 the Paris Commerce Court dismissed the case against France-based satellite company Eutelsat filed by their client, New Tang Dynasty Television (NTDTV), an independent Chinese-language television network which broadcasts over mainland China.

NTDTV had contended that it was removed from Eutelsat’s satellite because of pressure from Chinese authorities who objected to some of its coverage.

The court reached the decision on the grounds that there is no direct contractual relationship between NTDTV and Eutelsat. NTDTV says they will appeal the decision.

In 2005 Eutelsat refused to renew its contract with NTDTV, but later capitulated due to international pressure over concerns for freedom of the press.

In June 2008 Eutelsat again terminated NTDTV’s broadcast into China, this time explaining that it was due to technical difficulties. NTDTV filed a lawsuit against Eutelsat in July 2008.

According to NTDTV paralegal Joseph Breham, Eutelsat has never directly contracted with any television station. Instead, contracts go through wholesalers who then contract with individual TV stations. “If one follows the argument accepted by the Paris Commerce Court, Eutelsat would hold no responsibility for any signal disruption to any company.”

Breham also said that there are no legal grounds for the judge’s decision. According to Article 145 of the French Code of Civil Procedure, “If there is a legitimate reason to preserve or to establish, before any legal process, the evidence of the facts upon which the resolution of the dispute depends, legally permissible preparatory inquiries may be ordered at the request of any interested party, by way of a petition or by way of a summary procedure.”

Vincent Brossel, Reporters Without Borders Asia director, found the result surprising and disappointing. He thinks it was a mistake for the judge to state that there is no direct relationship between NTDTV and Eutelsat since NTDTV was broadcasted via Eutelsat.

France’s leading media also expressed their views.

France 3 TV reporter Michel Vial said “Cutting off the signals and making people lose their right to be informed—I am very shocked.”

Vincent Desmadryl, also of France 3 TV, stated, “If NTDTV’s signal was cut off for political and economic reasons, and if we truly do not have freedom of the press—this is very disturbing!”

A staff member from Eutelsat was asked to comment: “I cannot speak with you. This is where I work, and I have no other choice,” he said.

NTDTV says they will continue to file appeals until the truth is revealed.

Read the original Chinese article.