United Nations

A/RES/37/92


General Assembly

Distr. GENERAL  

10 December 1982

ORIGINAL:
ENGLISH



                                                   A/RES/37/92
                                                   100th plenary meeting
                                                   10 December 1982
 
 
     37/92.  Principles Governing the Use by States of Artificial Earth
             Satellites for International Direct Television Broadcasting
 
     The General Assembly,
 
     Recalling its resolution 2916 (XXVII) of 9 November 1972, in which it
stressed the necessity of elaborating principles governing the use by States
of artificial earth satellites for international direct television
broadcasting, and mindful of the importance of concluding an international
agreement or agreements,
 
     Recalling further its resolutions 3182 (XXVIII) of 18 December 1973,
3234 (XXIX) of 12 November 1974, 3388 (XXX) of 18 November 1975, 31/8 of
8 November 1976, 32/196 of 20 December 1977, 33/16 of 10 November 1978, 34/66
of 5 December 1979 and 35/14 of 3 November 1980, and its resolution 36/35 of
18 November 1981 in which it decided to consider at its thirty-seventh session
the adoption of a draft set of principles governing the use by States of
artificial earth satellites for international direct television broadcasting,
 
     Noting with appreciation the efforts made in the Committee on the
Peaceful Uses of Outer Space and its Legal Sub-Committee to comply with the
directives issued in the above-mentioned resolutions,
 
     Considering that several experiments of direct broadcasting by satellite
have been carried out and that a number of direct broadcasting satellite
systems are operational in some countries and may be commercialized in the
very near future,
 
     Taking into consideration that the operation of international direct
broadcasting satellites will have significant international political,
economic, social and cultural implications,
 
     Believing that the establishment of principles for international direct
television broadcasting will contribute to the strengthening of international
co-operation in this field and further the purposes and principles of the
Charter of the United Nations,
 
     Adopts the Principles Governing the Use by States of Artificial Earth
Satellites for International Direct Television Broadcasting set forth in the
annex to the present resolution.
 
                                    ANNEX
    Principles Governing the Use by States of Artificial Earth Satellites
               for International Direct Television Broadcasting
 
 
                         A.  Purposes and objectives
     1.   Activities in the field of international direct television
broadcasting by satellite should be carried out in a manner compatible with
the sovereign rights of States, including the principle of non-intervention,
as well as with the right of everyone to seek, receive and impart information
and ideas as enshrined in the relevant United Nations instruments.
 
     2.   Such activities should promote the free dissemination and mutual
exchange of information and knowledge in cultural and scientific fields,
assist in educational, social and economic development, particularly in the
developing countries, enhance the qualities of life of all peoples and provide
recreation with due respect to the political and cultural integrity of States.
 
     3.   These activities should accordingly be carried out in a manner
compatible with the development of mutual understanding and the strengthening
of friendly relations and co-operation among all States and peoples in the
interest of maintaining international peace and security.
 
                    B.  Applicability of international law
     4.   Activities in the field of international direct television
broadcasting by satellite should be conducted in accordance with international
law, including the Charter of the United Nations, the Treaty on Principles
Governing the Activities of States in the Exploration and Use of Outer Space,
including the Moon and Other Celestial Bodies, of 27 January 1967, the
relevant provisions of the International Telecommunication Convention and its
Radio Regulations and of international instruments relating to friendly
relations and co-operation among States and to human rights.
 
                           C.  Rights and benefits
     5.   Every State has an equal right to conduct activities in the field of
international direct television broadcasting by satellite and to authorize
such activities by persons and entities under its jurisdiction.  All States
and peoples are entitled to and should enjoy the benefits from such
activities.  Access to the technology in this field should be available to all
States without discrimination on terms mutually agreed by all concerned.
 
                        D.  International co-operation
     6.   Activities in the field of international direct television
broadcasting by satellite should be based upon and encourage international
co-operation.  Such co-operation should be the subject of appropriate
arrangements.  Special consideration should be given to the needs of the
developing countries in the use of international direct television
broadcasting by satellite for the purpose of accelerating their national
development.
 
                     E.  Peaceful settlement of disputes
     7.   Any international dispute that may arise from activities covered by
these principles should be settled through established procedures for the
peaceful settlement of disputes agreed upon by the parties to the dispute in
accordance with the provisions of the Charter of the United Nations.
 
                           F.  State responsibility
     8.   States should bear international responsibility for activities in
the field of international direct television broadcasting by satellite carried
out by them or under their jurisdiction and for the conformity of any such
activities with the principles set forth in this document.
 
     9.   When international direct television broadcasting by satellite is
carried out by an international intergovernmental organization, the
responsibility referred to in paragraph 8 above should be borne both by that
organization and by the States participating in it.
 
                        G.  Duty and right to consult
     10.  Any broadcasting or receiving State within an international direct
television broadcasting satellite service established between them requested
to do so by any other broadcasting or receiving State within the same service
should promptly enter into consultations with the requesting State regarding
its activities in the field of international direct television broadcasting by
satellite, without prejudice to other consultations which these States may
undertake with any other State on that subject.
 
                    H.  Copyright and neighbouring rights
     11.  Without prejudice to the relevant provisions of international law,
States should co-operate on a bilateral and multilateral basis for protection
of copyright and neighbouring rights by means of appropriate agreements
between the interested States or the competent legal entities acting under
their jurisdiction.  In such co-operation they should give special
consideration to the interests of developing countries in the use of direct
television broadcasting for the purpose of accelerating their national
development.
                    I.  Notification to the United Nations
     12.  In order to promote international co-operation in the peaceful
exploration and use of outer space, States conducting or authorizing
activities in the field of international direct television broadcasting by
satellite should inform the Secretary-General of the United Nations, to the
greatest extent possible, of the nature of such activities.  On receiving this
information, the Secretary-General should disseminate it immediately and
effectively to the relevant specialized agencies, as well as to the public and
the international scientific community.
 
               J.  Consultations and agreements between States
     13.  A State which intends to establish or authorize the establishment of
an international direct television broadcasting satellite service shall
without delay notify the proposed receiving State or States of such intention
and shall promptly enter into consultation with any of those States which so
requests.
 
     14.  An international direct television broadcasting satellite service
shall only be established after the conditions set forth in paragraph 13 above
have been met and on the basis of agreements and/or arrangements in conformity
with the relevant instruments of the International Telecommunication Union and
in accordance with these principles.
 
     15.  With respect to the unavoidable overspill of the radiation of the
satellite signal, the relevant instruments of the International
Telecommunication Union shall be exclusively applicable.