US-based ESPN feeds can no longer be viewed by Jamaica consumers, who subscribe to local cable provider Flow.

The three US-based ESPN channels have been blocked out following a report by the Observer, which received a document sent by ESPN to the Broadcasting Commission complaining about the copyright infringement.

“In addition to the channels currently under agreement with ESPN, Flow has been negotiating agreements for other ESPN netsworks. At the request of the Broadcasting Commission, Flow has removed this Channel until these agreements can be secured,” Flow has displayed on the three US-based ESPN feeds.

The advisory added: “Flow continues to air ESPN International and ESPN2 and has added several new sports channels to its line.”

Last Monday, the Broadcasting Commission, through its Information and public relations officer, Nicole Morrison, confirmed that it 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 programmes transmitted on ESPN”.

Perusal of Flow’s website by the Observer had revealed that it offers five ESPN channels to Jamaican consumers and not two, as permitted by ESPN. The channels, which were being offered by Flow were ESPN International and ESPN2.

However, the local cable operator has since blocked out ESPN, ESPN Classic and ESPN NEWS.

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 at the time.

“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.

“We make no further comment on the matter as it is receiving regulatory attention,” Morrison said.

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.