CA-2024-002837 - [2025] EWCA Civ 1118

Sky provides a variety of services to its customers, including pay TV, broadband and fixed and mobile telephony services.

In respect of Sky’s pay TV services, some rely on digital satellite transmission services and a set-top box to receive content, others rely on a combination of digital satellite transmission and an internet connection (which may or may not be provided by Sky) to deliver content to customers (e.g. Sky+HD and Sky Q). I will refer to these together as the “Sky Pay TV Service”. The key issue raised by the appeal is whether the Sky Pay TV Service is an ECS. Sky also provides other pay TV services delivered using an internet connection. These are known as over the top (“OTT”) services. It is common ground that Sky’s OTT services are not an ECS.

The Sky Pay TV Service comprises seven different elements:

(1)

TV content (which includes Sky’s wholly-owned linear television channels, where content is delivered according to a fixed schedule, linear television channels which Sky licenses from third parties, and on-demand content from Sky and third parties);

(2)

Hardware (such as set-top boxes, satellite dishes and remote controls);

(3)

Software (including user interface, electronic programme guide and video recording technology);

(4)

Conditional access services (including viewing cards);

(5)

Customer service (including call centres and online support);

(6)

Installation and repair services delivered by Sky’s large engineering workforce which undertakes installation and repairs of viewing equipment in customers’ homes;

(7)

Transmission of Sky and non-Sky content (here “transmission” refers to the conveyance of signals).