French Court Assistance Sought to Revive TV Broadcast to China

 

After more than a year's effort to restore its broadcast on Eutelsat SA's W5 satellite to no avail, New Tang Dynasty Television (NTDTV) now seeks legal redress. Through its legal counsel, William Bourdon, NTDTV petitioned the Commerce Court in Paris to appoint an expert to investigate the true reason behind Eutelsat’s decision to shutdown NTDTV’s broadcast to China in June 2008. With the hearing date set for 13 October 2009, this lawsuit represents NTDTV's latest attempt to resume its China broadcast on Eutelsat's W5 satellite. The termination of NTDTV's broadcast to China, which Eutelsat claimed was due to technical difficulty, eliminated the only uncensored Chinese language TV news broadcast into China less than two months before the start of the Beijing Olympics, effectively shutting down mainland Chinese people's window to information freedom.

 

In a recorded phone conversation released by Reporters Without Borders, a Eutelsat Beijing representative revealed to the caller who the representative thought was a Chinese government official that Eutelsat had been looking for an excuse to shut down NTDTV's broadcast in order to do business with Beijing. According to an English translation of the transcript, when W5 suffered its power issue, "I can choose any 4 transponders to shut off... but our company, our CEO just chose to turn this one [transponder with NTDTV] off." Reporters Without Borders also confirmed from other sources that Eutelsat had spare capacity on W5 to resume NTDTV's broadcast despite the malfunction, but declined to do so.

 

Dismayed by the loss of NTDTV's signal, viewers in mainland China flooded NTDTV's e-mail to express their disappointment: "NTDTV is like a bright lamp in the dark, allowing people to see light and hope in the middle of the night. The [Communist Party] does not represent the Chinese people. Your cooperation... amounts to assisting in their oppression of all Chinese people," wrote a viewer in a note addressed to Eutelsat. "How can someone in a free country do this? You already have your freedom, yet we are still fighting for ours," was the

sentiment of yet another viewer.

 

Recognizing NTDTV's importance to the Chinese people, the European Parliament passed a resolution in January calling on the European Commission and EU Member States to take the necessary action to help restore NTDTV's broadcasts to China and to support access to uncensored information for millions of Chinese citizens.

 

According to the convention that established Eutelsat in 1982, Eutelsat is obligated to "insure the freedom of expression and of information" in providing cross border television service. Citing "opacity of [Eutelsat's] behavior", the lawsuit seeks to shed light on the facts surrounding W5's malfunction, so a determination can be made on damages and interest in compensation of any

prejudice suffered by NTDTV.

 

Representing NTDTV in this action is the former General Secretary of the International Federation for Human Rights from 1995 through 2000, William Bourdon, who was noted for initiating legal procedures against former Serbian and Rwandan leaders suspected of crimes against humanity and war crimes. Although there are no clear precedents for the case against Eutelsat, Mr. Bourdon indicates his optimism, "There is an international public conscience

that is stronger and stronger and that no longer stands for liberties being silenced and restricted. And all this technology favors the need for the free flow of information, unrestricted, no matter what the resistance is."

 

For the latest update on the progress of this legal action and its background, please contact Carrie Hung at 917-319-0219 or carrie.hung@ntdtv.com.

 

 

 

Established in 2001, New Tang Dynasty Television (NTDTV) is a non-profit television broadcaster and the only independent Chinese-language television to broadcast into China. NTDTV is dedicated to providing objective, uncensored news to Chinese residents. As a vital news source, NTDTV reported on the SARS outbreak in China three weeks before Beijing admitted to its existence. NTDTV also reports on environmental and human rights issues in China, generating awareness among Chinese residents important issues their government withholds from them.