The question of whether online portal TVCatchUp can rebroadcast UK commercial channels is heading to the European Court of Justice.

The High Court in London wants to establish if ‘Must Carry’ provisions in the Copyright act implicitly carry the right to retransmit copyright material.

Broadcasters including ITV, Channel 4 and Channel 5 argue that TVCatchup’s defence under Section 73 of the Copyright, Designs and Patents Act 1988 do not extend to relays over the internet and is restricted to transmissions on dedicated cable networks.

For its part TVCatchUp argues its defence can go further to include reception over mobile telephone networks.

TVCatchUp continues to provide an online line-up of channels that includes the UK’s public broadcasters, Russia Today, Quest and Viva. It had previously withdrawn relays of ITV and Channel 5.