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NEW DELHI: Information and broadcasting minister Priyaranjan
Dasmunsi today told the Lok Sabha that a comprehensive broadcast
regulation legislation would be brought shortly after talking
to various state governments.
Replying to the discussion on the Sports Broadcasting Signals
(Mandatory Sharing with Prasar Bharati) Bill, he said that
the legislation would show that no other country has as much
transparency as India as far the functioning of the media
is concerned.
The Bill was passed unanimously by voice vote with all the
16 members who spoke supporting it. The statutory resolution
disapproving the Ordinance of 2 February moved by 10 members
of Parliament was rejected unanimously. The Bill now goes
to the Rajya Sabha (Upper House).
Dasmunsi to report back to House on encryption issue:
On the matter of encryption of Doordarshan's terrestrial
signal, regarding which India cricket rights holder Nimbus
has warned the BCCI it would demand compensation for "dilution
of the value of its property" if the issue is not sorted
out, Dasmunsi said he would make a statement once the committee
has filed its report.
Dasmunsi told the House that "three meetings have been
held and 16th (March) is the last meeting. After the outcome
of the meetings, wherever necessary provision is required,
can be made. We can put it in the rules. That is why, I kept
Section 7 vide giving the Central government the power and
I shall again report back to Parliament where the rules will
be laid in both the Houses."
A technical sub-group was set up by the Union Cabinet after
private broadcasters said sharing live sporting events with
DD leads to piracy and has been meeting to decide mandates
for encryption.
Even while making these comments, Dasmusnsi also introduced
what can only be termed as the most specious of arguments
to justify the "difficulties" Prasar Bharati was
facing in the matter. Said Dasmunsi, “Insofar as encryption
is concerned, yes, we have 1,400 transmitting stations. If
I decode all 1,400 together and suppose something goes wrong
in the country while I am to say de-link cricket as a message,
say a message to China or to Pakistan, has to go abroad through
DD, that something major happened, and the Parliament has
to make a statement, if I decode everything at a time for
24 hours, that means the public service obligation should
not do anything on that day. All will be closed."
Meanwhile, in his detailed statement regarding the Sports
Broadcast Bill, the minister said that the Cabinet approved
the Guidelines for Uplinking and Downlinking of television
signals after thorough discussion initiated by his predecessor
S Jaipal Reddy. But many private channels felt that these
Guidelines did not have the force of law as they were not
a legislation.
It had therefore become imperative to bring forward an Ordinance
on 2 February to ensure millions of viewers did not lose out
on the sports signal. He regretted that the government had
been termed draconian for bringing forward a measure in the
interest of the masses.
Answering the points raised by various members during the
discussion, which lasted just over two hours, he also justified
Prasar Bharati's failure to bid for the rights on the ground
that Doordarshan could only bid for terrestrial rights whereas
the bidding was only in relation to satellite signals.
He emphasized that DD or All India Radio stood to lose money
if a frequency was used for a whole day for showing a sports
event. But the public broadcaster felt that coverage of these
events was important for the promotion of a sports culture.
Earlier while moving the Bill for consideration, the Minister
said it was important to share signals with Prasar Bharati
as only Doordarshan had a reach to 98 per cent of the area
through its terrestrial network. Furthermore, the national
broadcaster had done yeoman’s service in covering sports,
and this recently when only Doordarshan cared to give substantial
coverage to the National Games in Assam.
He also said that it was wrong to assume that private channels
would lose out financially in sharing the feed with Doordarshan,
as the public broadcaster would give 75 per cent of the revenue
to the rights holder.
While respecting the sentiments of the private broadcasters
about their intellectual property rights, the minister said
it was equally necessary to do justice by the average viewer.
The Bill has retrospective effect from November 2005 when
the Uplinking and Downlinking Guidelines had been issued.
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.
The minister said there was tremendous pressure on the public
broadcaster as millions of viewers were deprived from seeing
the telecast of the first India-West Indies cricket match
late in January.
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 whom are
in rural areas, are denied access to these events," it
added.
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 December 12, 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 share
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.
Also Read:
Nimbus
issues warning to BCCI as consensus eludes PB on encryption
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