Legal protection for encrypted services, consultation on theneed for Community action. Green Paper

The ESC takes the view that the current legislative diversity may result in obstacles to the free movement of goods and services and distort competition in the internal market. EU rules are therefore necessary. These rules should provide civil remedies and criminal sanctions for the illicit reception and the further distribution of encrypted services, and for various activities which facilitate signal piracy, such as the manufacture, sale, possession and use of unauthorized decoding devices or systems. The ESC feels that the Commission should propose a Council regulation, which would secure more effective harmonization than would a directive. Finally, the ESC takes the view that a future regulation should cover not only broadcasting services but all encrypted services which can be assessed through payment of a subscription. �