REASONS FOR JUDGMENT
NICHOLAS J:
BACKGROUND
1
Before me is an application under s 115A of the Copyright Act 1968 (Cth) (“the Act”) seeking
orders that the respondents, each of which is a carriage service provider, take reasonable steps
to disable access to various online locations.
2
The first applicant (“TVB”) is a free to air television broadcaster based in Hong Kong Special
Administrative Region of the People’s Republic of China (“Hong King China”). TVB is the
holder of a Domestic Free Television Programme Service Licence that was most recently
renewed on 12 May 2015. TVB is also a substantial producer of television content including
pre-recorded television programs. The second applicant (“TVBO”) is a company related to
TVB apparently based in Bermuda.
3
There are 49 respondents in all each of which is a member of the Telstra, Optus, Vocus
(formerly M2) or TGP groups. The respondents have not sought to be heard in the proceeding
and submitting appearances have been filed on their behalf. The orders sought by the applicants
are to the same effect as those made in Roadshow Films Pty Ltd v Telstra Corporation Ltd
(2016) 248 FCR 178 (“Roadshow”), Universal Music Australia Pty Limited v TPG Internet Pty
Ltd (2017) 348 ALR 493 (“Universal”) and Roadshow Films Pty Ltd v Telstra Corp Ltd (2018)
132 IPR 1 (“Roadshow 2”) except that they target different online locations.
4
TVB operates five television channels in Hong Kong known as Jade, J2, TVB News, Pearl,
and TVB Finance and Information:
Jade
Cantonese language channel which primarily broadcasts
entertainment programs.
TVB News
Cantonese language 24 hour free to air news and
information channel
Pearl
English-language channel showing predominantly
documentaries, news, TV series and films
TVB Finance
and Information
Cantonese language 24 hour free to air financial news
and information channel. Its content primarily concerns
information relating to finance, and includes
documentaries on related topics
J2
Primarily Cantonese language which occasionally it
carries programs in other languages such as Mandarin,
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