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NEW DELHI: Introducing a Bill making it mandatory for private
broadcasters to share the feed of live telecast of sports
events with Prasar Bharati, Information and Broadcasting Minister
Priyaranjan Dasmunsi told the Lok Sabha the legislation was
aimed at replacing an ordinance promulgated last month in
the interest of millions of viewers who had the facility of
only terrestrial or free-to-air channels to enjoy live sports
events of national and international importance.
The Sports Broadcasting Signals (Mandatory Sharing with Prasar
Bharati) Bill 2007 will have retrospective effect from November
2005 when the Uplinking and Downlinking Guidelines had been
issued.
The Bill is expected to come up for consideration and passing
towards the end of next week, after the Lok Sabha finishes discussion
on the Motion of Thanks to the President to the Joint Sitting
of both Houses on the opening day of the Budget session.
The ordinance was promulgated after Nimbus Communications
refused to share live feed of the India-West Indies one-day
series with Doordarshan after the Delhi High Court passed
an order for a seven-minute deferred telecast signal to the
public broadcaster and live broadcast on All India Radio.
Dasmunsi, in a statement giving reasons for promulgation
of the Ordinance, said the government was only reiterating
an earlier order making sharing of live feed of sports events
with Doordarshan mandatory.
The statement of objects and reasons appended to the Bill
said the public broadcaster Doordarshan covered 98 per cent
of the population and was the only network having terrestrial
rights of broadcasting.
Distribution of broadcasting signals of sporting events of
public interest in India is characterised by a few dominant
exclusive rights holders or broadcasters and distribution
platforms. "The end result is that a large number of
listeners and viewers in India, especially those who do not
have access to satellite and cable TV and most of which are
in rural areas are denied access to these events," the
Bill states.
Under the Bill, television channels that fail to comply would
have to pay a penalty up to Rs 10 million and also face possible
revocation or suspension of license. It has also been stipulated
that no action of the government would be challenged in any
court of law.
The Guidelines for downlinking of TV channels had been issued
on 11 November, 2005 and the Uplinking Guidelines had been
issued on 12 December, 2005.
These Guidelines are already the subject matter of the petition
in the Delhi High Court by Nimbus Communications on the Indo-West
Indies series telecast.
Nimbus, which owns Neo Sports channel, had expressed apprehensions
that the government may resort to coercive methods for sharing
their exclusive feed.
The Bill provides for a revenue sharing formula between private
and public broadcasters. Advertisement sharing between private
and the public broadcasters would be in the ratio of 75:25
in case of TV coverage in favour of the rights holder and
50:50 in case of radio coverage.
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