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Justice S Ravindra Bhat in his order said there was "no legal provision"
under the law for mandatory sharing of signals with Prasar Bharati, the Cable
TV Networks (Regulation) Act, or the guidelines thereunder, to direct for encryption
of the live feed." Nimbus
Communications which owns Neo Sports and had bought the rights to telecast matches
held in India for four years for Rs 27 billion, and BCCI in separate petitions
contended that the live feed could be pirated by cable operators and even by channels
in neighbouring countries, resulting in financial losses.
In response, the public broadcaster Prasar Bharati had said there was no law under
which the private broadcasters could ask for encryption. It was also contended
that private broadcasters were aware of the regulations when they received licences
to telecast the sports feed. The public broadcaster was responding to the notice
issued to it by the Court on 22 October. As
a result of this order, the current Indo-Pak series remains free-to-air as far
as Doordarshan is concerned. Earlier, a technical committee headed by
former All India Radio Director-General Brajeshwar Singh had examined the issue.
The BCCI had at one stage offered to fund the amount of $ 20 million that is the
estimated expense on encryption. |