(1) Where a broadcast is transmitted by satellite within the territory of a Member State of the European Union or Contracting Party of the Agreement on the European Economic Area, it is deemed to have been transmitted solely in that Member State or Contracting Party of the Agreement.
(2) Where a broadcast is transmitted by satellite within the territory of a state which is neither a Member State of the European Union nor a Contracting Party of the Agreement on the European Economic Area and in which in respect of the right of satellite transmission the level of protection provided for under Chapter II of Council Directive 93/83/EEC of 27 September 1993 on the coordination of certain rules concerning copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (OJ L 248, 6.10.1993, p. 15) is not guaranteed, it is deemed to have been transmitted solely in that Member State or Contracting Party of the Agreement
1. in which the uplink station is located from which the programme-carrying signals are transmitted to the satellite or
2. in which the broadcasting organisation has its place of business in cases where the condition under no. 1 is not met.
The right of broadcasting is to be asserted against the operator of the uplink station in the case referred to in no. 1 and against the broadcasting organisation in the case referred to in no. 2.
(3) ʻSatellite transmissionʼ within the meaning of subsections (1) and (2) means the introduction, under the control and responsibility of the broadcasting organisation, of programme-carrying signals intended for reception by the public into an uninterrupted chain of transmission leading up to the satellite and down towards the earth.