Hongkong-based Casbaa voices concerns relating to CAS to Swaraj

NEW DELHI: The Hong Kong based Cable & Satellite Broadcasting Association of Asia (Casbaa) - a representative organisation of close to 120 pay TV and related companies in the Asia Pacific, many of whom have Indian operations - has submitted a note to the information & broadcasting minister Sushma Swaraj which lists the problems that implementation of conditional access system (CAS) and the Cable TV Networks Regulation Amendments Bill 2002 could throw up. 

The association, which counts the Star Group, Time Warner and Discovery as its members, has highlighted the fact that while analog technology remains relatively low cost, it is also vulnerable to piracy and could create more problems in the future. "Under the proposed system, there will be significant opportunity for cable system operators to continue to under-report subscriber numbers", says the association.

Mandating CAS , which require a significant amount of capital investment, could have an adverse effect on the ability of platform operators, cable operators and foreign broadcasters to introduce new services, says the association. Rate regulation could also limit a cable operator's ability to meet the capital requirements necessary to provide additional services to consumers, says Casbaa chief executive Simon Twiston Davies.

On the pricing issue, Casbaa says, "The Indian government has assumed that broadcasters are behind the hike in subscription revenue. Currently, about six million cable subscribers are declared to broadcasters, although the total figure is said to be 38 million. With more disclosure, the rates charged by broadcasters of the consumers will come down. In any event, the total subscription fee paid by the cable operators to the broadcasters is approximately Rs 750 Crores (Rs 7,500 million) out of the total cable revenues of Rs 8000 Crores (Rs 80,000 million)."

Government control on both the price and composition of the basic tier is ultra vires Article 19(1)(a) of the Constitution of India which guarantees that all citizens shall have the "right to freedom of speech and expression." This freedom includes the right of every citizen to receive any form of speech or expression which is not barred under Article 19(2). Under Article 19(2) the state may impose reasonable restrictions to protect the sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, or morality, contempt of court, or incitement to an offence.

The content code in the Cable Television Network Rules, 1996 in clause 6 covers what the Government considers as un-reasonable for the purpose of Article 19(2). Under clause 4 A.2 & 3 of the proposed bill, the Government has assumed unfettered powers to control both composition and price as well as specify the number of channels which may be broadcast. Failure of the cable operators to abide by directions is a cognizable offence under Clause 16 of the Bill for which they may go to jail.

If the Government has a must carry requirement for nine channels and allows only 10 channels to be on the basic tier, it sends all the other free-to air channels into limbo as they are not pay channels and if they are not on the basic tier, they cannot be broadcast at all. This can be used at will to block certain channels.

There is no such power vested with the Government for newspapers, magazines or radio channels, points out Casbaa. However, if the Bill is passed in its present form, the government may try to assume control citing the Bill as a precedent, says Davies in the letter.

Latest Reads
Comedy Central sets pace for ultimate celebration with over 100 hours of non-stop FRIENDS ultra marathon for its 6th birthday

Birthdays and New Years are great occasions to make resolutions for participating in marathons. However, this is one marathon which calls for hanging up your running shoes and grabbing the best spot in front of the telly with a bowl of munchies to keep you going because, for the first time ever in...

Television TV Channels English Entertainment
U Sports launches India's first ever Multi-Platform Multi-Game E-Sports Championship - U Cypher with MTV

The Indian E-Sports scenario is all set for a major revamp as U Sports, one of India’s biggest sports business companies in association with India’s No. 1 Youth Brand, MTV, announces the premiere of their all new month-long championship, U Cypher with MTV. Premiering today, on 19th January, the...

Television TV Channels Sports
TV ownership increased by 14% in 2017: IRS

After a gap of four years, the Indian Readership Survey (IRS), which documents the growth of the media industry, has been released for 2017. The survey methodology was criticised in 2014 and, therefore, was halted for an upgrade. This time, the sample size has been increased by 34 per cent to 3.2...

Television TV Channels Viewership
CNN-News18 launches 'If I Were FM Challenge'

As part of its Budget programming, CNN-News18 is launching the ‘If I were FM Challenge’. The campaign will encourage viewers to contribute their suggestions for the Union Budget. The channel will run an extensive on-air campaign to promote the same.

Television TV Channels News Broadcasting
BBC World News to Broadcast 'China's Chat Girls'

Lele Tao is an internet superstar in China’s $3 billion dollar ‘live streaming’ industry. With more than a million fans she can earn thousands of dollars a day singing, dancing, flirting, or often just chatting into her webcam. Fans buy her virtual gifts which she redeems for cash. In return she...

Television TV Channels News Broadcasting
PKL season 6 and 7 dates announced

The second most watched domestic league in India, Vivo Pro Kabaddi League owned by Mashal Sports and Star India announced the dates of sixth and seventh season.

Television TV Channels Sports
Star Bharat leads Hindi GEC (U+R) in week 2 of BARC ratings

MUMBAI: Star Bharat emerged as the leader in the Hindi GEC (U+R) genre dethroning Zee Anmol according to Broadcast Audience Research Council (BARC) all India data for week 2 of 2018.

Television TV Channels Viewership
BARC week 2: Aaj Tak leads Hindi News in all three markets

MUMBAI: Republic TV continues its leading streak in the second week of the year as well in BARC All India ratings. News Nation stays in the top five chart in week 2 of 2018 in Hindi News Rural market. Aaj Tak tops the chart again in Hindi News Urban market.

Television TV Channels Viewership
Dsport acquires India rights of tri-nation tournament in SL

Discovery’s sports channel Dsport has acquired the exclusive India broadcast rights of Nidahas Trophy 2018, a tri-nation international T20 tournament involving India, Sri Lanka and Bangladesh. The transaction was facilitated by Lagardère Sports, the global marketing consultant of Sri Lanka Cricket...

Television TV Channels Sports

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories