MAY 3 — This post is prompted by Astro’s chop-job of BBC news report.
The Malaysian Insider later reported that BBC had strongly condemned Astro’s move. A BBC spokesman was quoted as saying:
“During the week of World Press Freedom Day, it would be deplorable
if access to independent and impartial news was being prevented in any
way. We would strongly condemn any blocking of the trusted news that we
broadcast around the world including via distribution partners.”
In response, Astro was reported to
have said that the news report was subjected to a chop-job by Astro to
“suit local rules.” No details or particulars of the said local rules
were given by Astro.
I am a subscriber of Astro. In fact, I not only have one account, but two.
Generally, I must say I quite like Astro, particularly the sports,
documentary and of course the international news sections. The movie
section sucks big time. Astro must be the only television channel in the
whole civilised world that is still showing “Missing In Action 1,2 and
3”. And “Death Wish” too. I would rather stare at a blank TV monitor
rather than watch these movies, dear Astro.
This is a screen shot (left)
of the terms of my subscription contract with Astro. Don’t bother
reading it. It is one of the most lopsided agreements this side of the
universe. Basically, the agreement says I should pay Astro to subscribe
certain packages. On the other hand, Astro is in effect not obliged or
responsible to provide any kind of service whatsoever.
If this agreement is governed by English law, it might be challenged
under the Unfair Contracts Terms Act 1977. But well, Malaysia does not
have that kind of Act of law. We are more concerned with same-sex
shagging and the likes. Consumerism is not very important here. So we
have big corporations riding roughshod over consumer rights and the
like. Who cares, right? You have got the choice of not subscribing if
you are not happy, right? So, sod off!
Essentially, what the terms of my subscription with Astro provide are as follows:
● I pay to watch programmes under certain packages
● Astro can revise the programmes anytime it likes
● Astro can also revise the amount I have to pay anytime
● Astro is not responsible nor liable for any interruption, suspension or termination of the services for any reason whatsoever
And this takes the cake:
● “Astro makes no warranties or representations whatsoever with
respect to the content of the programming included in the Services, in
particular Astro does not guarantee the sequence, accuracy,
completeness, timeliness or the security of any data or information
contained in the Services.”
So, on the literal interpretation of the terms of subscription, we
all pay fees to Astro and Astro doesn’t have to provide nuts to us.
Astro is not responsible for anything under the agreement.
Granted.
Astro says in the agreement that it makes no warranty or
representation with respect to the “accuracy or completeness” of the
content of the programming.
Does that mean, if we watch the BBC channel on Astro, Astro can show
the Kenyan’s news channel instead of BBC regardless of the fact that
that channel is known as the BBC News Channel? On a quick reading and
without employing some kind of intelligence, yes, it appears to be so.
So, Astro can do a chop-job on any BBC news report and shove it into
our throat like some Lords shoving hot molten iron into some peasant’s
throat in medieval time, right?
NO!
First of all, Astro may not have made any warranty or representation
about the content in the agreement. But Astro does make a warranty
and/or representation about the BBC News Channel and every other channel
on its website and flyers. On BBC News Channel, this is what Astro
warrants and/or represents:
“BBC World
Channel 512
BBC World News, the BBC´s commercially funded international 24-hour
news and information channel, is owned and operated by BBC World News
Ltd, a member of the BBC´s commercial group of companies.
BBC World News
attracts 74 million viewers a week, is available in more than 200
countries and territories worldwide, and reaches 292 million households
and more than 1.7 million hotel rooms. The channel´s content is also
available on 81 cruise ships, 46 airlines, 35 mobile phone networks and a
number of major online platforms including bbc.com/news. For further
information on how to receive BBC World News, download schedules or find
out more about the channel, visit bbcworldnews.com.”
This is the screen shot (right).
Basically, although Astro does not make any kind of warranty or
representation in the subscription agreement, it does give all of us
expectations that the BBC News that Astro is providing us is the one
which is produced by, in its own words, the “BBC World News, the BBC´s
commercially funded international 24-hour news and information channel,
is owned and operated by BBC World News Ltd, a member of the BBC´s
commercial group of companies.”
Further, although Astro is at pains (in its subscription agreement)
to emphasise that it is not responsible for the “accuracy” or
“completeness” of any of its data or content, Astro surely does not have
the legal right to deliberately or intentionally distort, misrepresent
or alter the content without the consent or at the very least,
knowledge, of its customers.
The censorship or chop-job by Astro of the relevant BBC news report
amounts to just that, namely, the alteration or modification of a report
which was published by Astro as the original and true report. If that
was not a misrepresentation or a distortion, tell me what is.
The least Astrio could have done was to put a notice when that
particular report was being aired to the effect that the clip was being
censored, changed, altered or modified (call it whatever and howsoever
you may like). That would let your customers know that what you are
showing is not the original report.
At least, treat your customers with some respect! They pay you for God’s sake!
In Malaysia, nobody, and I mean NOBODY, respects copyrights and
intellectual properties. Piracy is everywhere and for all to see.
Pirated video games, movies and songs are sold everywhere. Watches,
handbags, shoes and you name it, they are everywhere.
It is of much concern that private individuals do not respect
copyrights. But when a huge corporation gives scant respect to an
original production by chopping it as it pleases and passing it as the
original production without notice to its customers, that is really
sick!
Astro’s purported explanation, to the effect that the report was
chopped-up to “suit local rules”, is at most laudable for its efforts
and laughable for its insult on our intelligence. What local
regulations? Please show us.
If a news report does not suit local rules, the right thing to do is
not to air it at all. If you have to air it, air it in full. And if you
wanted to air it with modification, then by any means tell your
customers that the report is not the original one, at the very least.
Professional courtesy also demands Astro to at least inform BBC about
it.
As for Minister Datuk Seri Utama Rais Yatim’s statement that the
report shown by Astro shows the “best parts” of the news, well, I am not
going to say anything about it. I will let the viewers make their own
conclusion.
While Astro chopped a BBC news in order to show its “best parts”, The Star yesterday surely showed the “best parts” of local news. And without any chop-job too if I may add. The Star had even seen it fit to provide the links to the blogs which carry the so-called sex pictures.
The Star must be the first ever “people’s paper” in the whole world to have provided links to alleged sex pictures of a politician.
Congratulations The Star. You have achieved a new standard in responsible reporting.
You deserve a Pulickzer. — art-harun.blogspot.com
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