Local cable operators including giant Flow, who are allegedly distributing United States-based ESPN feeds without authorisation, could face sanctions after the principals of the sports television network wrote to Jamaica’s Broadcasting Commission to complain.

The Broadcasting Commission, through their Information and public relations officer, Nicole Morrison, confirmed yesterday that they had received correspondence from ESPN indicating that “there is no system authorised to distribute any (ESPN) US feed in the Caribbean region”.

“Yes, this is indicated in the correspondence,” Morrison stated in response to emailed queries by the Observer.

The emailed correspondence, under the subject “FIFA World Cup”, further indicated that “any system (cable operator) does it (broadcast ESPN US feeds in Caribbean), is in violation of international copyright and trademark laws and an infringement of ESPN’s, and third parties’ rights in the individual programmess transmitted on ESPN”.

Perusal of Flow’s website by the Observer revealed that they offer five ESPN channels to Jamaican consumers and not two, as permitted by ESPN. The channels offered by Flow are ESPN, ESPN Classic, ESPN International, ESPN2 and ESPN NEWS.

Public relations manager of Flow, Denise Williams, did provide a promised response up to press time last evening.

Given the breach, the Observer asked the Broadcasting Commission what sanctions could be brought against Flow for possible copyright infringements under Jamaican and international laws.

“The Broadcasting Commission acts on complaints lodged by rights holders about any breach or violation of their rights. This would usually occur after a cease and desist order or request from the entity asserted such rights,” Morrison indicated.

“Any continuation of a violation of rights would result in regulatory action ranging from a direction that there be a discontinuation of the transmission of the relevant channel, a public apology, refund to subscribers where justifiable and possible suspension of licence,” she continued.s

Pressed to indicate what steps were being taken by the Broadcasting Commission to ensure that Flow and other violators discontinued the any possible infringements, Morrison said: “We make no further comment on the matter as it is receiving regulatory attention.”

Since the start of the FIFA 2010 World in South Africa on June 11, Flow has blocked out the ESPN US feeds, which offer the tournament.

The company with the exclusive distribution rights for the World Cup in the Caribbean is IMC, which has in turn sold the broadcast rights for the live matches, repeat matches and delayed matches to CVM TV in Jamaica, and other free-to-air broadcasters across the Caribbean.

Quizzed if the Broadcasting Commission was aware of any other copyright breaches by Flow and/or any other cable operator in Jamaica, the regulatory body refused to say.

“The Broadcasting Commission makes comments on particular licensees only after the completion of an investigation and findings. Copyright issues are ongoing and whenever determinations are made about such issues, they become the subject of public statements,” was the response from the commission.

Last September news broke that three of Jamaica’s biggest cable companies — including Flow — were unlawfully distributing HBO and Cinemax programmes. The allegations came from the owners of the content in a complaint to the Broadcasting Commission.

The Broadcasting Commission subsequently told cable operators to “cease and desist” showing the feeds, while they carried out their investigations.