Television

BCCI argues Zee writ not maintainable

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/tv-images/2016/01/14/BCCI.jpeg?itok=vKLRvZgF

NEW DELHI: Arguments relating to the Indian cricket rights issue opened today in the Supreme Court. The Indian cricket board and ESPN-Star Sports were the first to present their point of view and both questioned the maintainability of the writ petition filed by Zee Telefilms challenging cancellation of exclusive telecast rights purported to have been granted to it earlier.



Senior counsel KK Venugopal, appearing for the Board of Control for Cricket in India (BCCI), raised objection against the maintainability of the Zee petition at the very outset of the hearing today before a five-judge constitutional Bench.



Venugopal argued that since the BCCI was neither a state nor an instrumentality of the state within the meaning of Article 12 of the Constitution, the Zee petition was not maintainable and it should be dismissed.



The five-judge bench comprises Justices N Santosh Hegde, SN Variava, BP Singh, HK Sema and SB Sinha.



Reiterating that Zee's petition is not maintainable, Venugopal argued that the BCCI cannot be termed to be under any government control as it is an autonomous body and does not receive any funds from the Central or the state governments and does not have any government representative on its board.



"So far as cricket is concerned, it's not part of the government. It's a sport, an entertainment," Venugopal argued, trying to suggest that the government does not have any direct or indirect control over the BCCI, which is free to conduct the affairs of sports as it chooses.



What Venugopal did admit in the court today, where the hearing began around 10:30 am to a near-packed house and continued non-stop till the lunch break, was that like any other apex body of sports in the country, the BCCI is the apex sports body for cricket in India, "recognised by the government (of India)."



According to Venugopal, BCCI's funding is not regulated by the government and the only way that government diktat can seem to be running over the cricket board relates to the Societies Registration Act, under which BCCI is registered as a non-profit organisation.



To a question from one of the judges as to who exercises the rights on telecast rights, BCCI counsel submitted that the cricket board has the "right to choose who should get the telecast rights."



It was also pointed out that BCCI is one of the member bodies of the International Cricket Council (ICC). But at this point one of the judges did observe that BCCI is member of the ICC as the country's cricket representative because the government of India recognises it and the cricket board is dependant for its status on the government.



While concluding his lengthy arguments, which had references to the Council of Scientific and Industrial Research (CSIR), Venugopal said since the BCCI, amongst other things, conducts its own business, "no part of its functioning can be treated governmental."



The arguments for ESPN-Star Sports were presented by former advocate-general Soli Sorabjee and was on similar lines to the petition it filed in the Bombay High Court challenging the "initial" award of the cricket rights to Zee.



ESPN-Star Sports has contended, amongst other things, the following in its counter-affidavit in the Supreme Court today:



* There is no concluded contract between Zee Telefilms and the BCCI

* Zee had failed to disclose the fact to Bombay High Court that a careful reading of the draft letter of intent (from the BCCI) highlighted that that the LoI was not a conclusive understanding between BCCI and Zee on the telecasting and broadcasting rights.

* Though there's an arbitration clause (in the cricket tender document), Zee has dragged the matter to the court.

* The invitation to tender required the broadcasters to have at least two years of experience and that Zee gets disqualified under clause 2 of the tender document, read with clause 3.2 b.

* Zee's counsel had admitted in the Bombay High Court that Zee does not have the necessary experience required.

* Valuation by PriceWaterhouse Cooper (PwC), the audit firm that vetted the various bids, was an essential criterion of the tender process. The failure to involve PwC for the purpose of a full and proper evaluation has resulted in the entire process being liable to be set aside.



The apex court had yesterday issued notices to BCCI, ESPN-Star Sports, PwC and the government of India on a petition filed by Zee challenging the cancellation of the award of cricket match telecast rights to it.



Zee's counsel Harish Salve could not conclude his arguments today.



In its petition, Zee has said the cricket board had entered in a malafide manner to cancel the award of telecast rights to it and alleged that the entire drama before the Bombay High Court was enacted to benefit one foreign sports channel.

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/sunny-leoae.jpg?itok=3SZqrF40
Sunny Leone in Discovery JEET’s show Man Vs Wild

Sunny Leone will be displaying her adventurous side as host of the mega-popular survival series Man Vs. Wild. The iconic series will telecast in Hindi on the soon-to-be-launched GEC Discovery JEET. The new GEC will premiere in the second week of February 2018 and the series will feature the...

Television TV Channels GECs
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/sm.jpg?itok=gUhILkq8
Times Now appoints Sujeet Mishra as marketing head

Times Network, part of India’s media conglomerate, The Times Group today announced the appointment of Sujeet Mishra as head of marketing, Times Now.

Television TV Channels People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/sony-bbc_1.jpg?itok=mQuiQxIO
Experience space with BBC's new VR experience

The BBC is giving you a chance fly. Home - A VR Spacewalk is an interactive virtual reality (VR) experience launched today for the HTC Vive and the Oculus Rift, and is available to download for free via the Steam Store and the Oculus Store.

Television TV Channels Factual & Documentary
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/bbc_0.jpg?itok=jTEnctw5
Sony BBC Earth presents the Best of 2017

Sony BBC Earth revisits some of its most popular episodes of the best shows in a special programming line-up titled Best of 2017 starting 18 December 2017, every night at 7 pm and 11 pm.

Television TV Channels Factual & Documentary
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/shemaroo.jpg?itok=JLK5kQw2
Increased revenue from traditional media boosts Shemaroo numbers

Integrated media content house Shemaroo Entertainment Limited (Shemaroo) reported 18.3 percent higher year-on-year (y-o-y) consolidated total revenue for the quarter ended 30 September 2017 (Q2 FY 2017-18, the quarter under review) stood at Rs 1,345.7 million as compared with Rs 1,138.6 million in...

Television Production House Film Production
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/mur.jpg?itok=Hql64_2L
21st CF spins-off into new live news & sports co Fox

MUMBAI: After the blockbuster acquisition of 21st Century Fox by The Walt Disney Company, the former has announced that it will spinoff into a new brand Fox’ that will seek to replicate its own success in the newly focussed verticals of live news and sports brands. Using fiscal 2017 as a base, the...

Television TV Channels News Broadcasting
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/15/uday_0.jpg?itok=t8VAurqw
With Star India, Disney emerges as India's largest M&E firm

MUMBAI: Unlike the US, where the merger of The Walt Disney Co and 21st Century Fox’s entertainment assets is between two near equals, the scenario in India is totally different. 21st Century Fox’s India venture Star India is a $1.7 billion dollar media and entertainment behemoth while Disney India...

Television TV Channels People
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/14/bob.jpg?itok=zPgBgsME
Disney to buy 21st Century Fox assets for $52.4 billion

The Walt Disney Co has set up a $52.4 billion, all-stock deal to acquire 20th Century Fox and other entertainment and sports assets from Rupert Murdoch’s empire.

Television TV Channels Movie Channels
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/14/mania.jpg?itok=Jb64uy53
MOVIES NOW brings #StopDreamingAndStartWinning with 100 Mania Season 5 for its viewers

Movies Now, India’s english movie channel, rings in the festive season with its property ‘100 Mania’, beginning Friday, 15 December at 9pm. In its 5th season, the channel has curated a line-up of some of the biggest Hollywood blockbusters like Furious 7, Jurassic World, Disney’s The Jungle Book,...

Television TV Channels English Entertainment

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories