Regulators

SC rejects Star appeal on sharing sports signals with DD

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/smartcrop_800x800/public/images/tv-images/2016/05/27/sc-court.jpg?itok=bQl0R4LA

NEW DELHI: The Supreme Court today upheld the contention by Prasar Bharati that enhancements embedded in the sports feed shared by sports channels with Doordarshan were commercial advertisements.

Rejecting a special leave petition by Star India against a Delhi High Court order which had gone in favour of Prasar Bharati, The apex Court also held that the prohibition in Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007 (Sports Act) is not only against advertisements of the broadcast service provider but also those of the content rights owner and holder.

The Court said the word 'its' in Section 3 of the Act refers to the the content rights owners, holder and broadcast service provider. Therefore it was immaterial as to who inserted the enhancements. Under the Act the signal to be provided had to be free of advertisements.

The Sports Act is clear that live signals of sporting events of national importance have to be shared by the content rights owners or holders and broadcast service providers with Prasar Bharati without advertisements. Furthermore, a clean feed is to be provided.

Prasar Bharati in its petition in the High Court had claimed that the feed being provided contained commercial enhancements. But Star took the plea that the commercial enhancements were not advertisements and the enhancements were in any case being inserted by International Cricket Council.

Star also said the prohibition in Section 3 of the Sports Act was only against advertisements of the broadcast service provider (Star) and not those of the content rights owner (ICC). It claimed that the word 'its' in Section 3 of the Act only referred to the broadcast service provider and not the content rights owner.

While senior counsel Abhishek Manu Singhvi had appeared for Star Sports, Prasar Bharati was represented by Attorney General Mukul Rohatagi.

Taking up the case in Febuary last year, Justice Ranjan Gogoi and Justice Prafulla C Pant had said ‘we are of the view that the interim order passed earlier to the effect that the impugned order dated 4 February of the High Court shall remain suspended should continue until further orders.’

The Court had at that time said it was ‘not inclined’ to consider the suggestion made by Star Sports that Doordarshan should set up an extra/special channel which has been contended by Prasar Bharati to be unviable and technically unfeasible within any reasonable period of time.

On the second suggestion about ‘putting up a scroll to the effect that 'the channel displaying the sports event (concerned ICC World Cup 2015 matches) is meant only for Doordarshan', the Court said ‘acceptance of the said suggestion would be understanding the provisions of Section 3 of the Sports Act 2007 and Section 8 of the Cable Television Networks (Regulation) Act 1995 in a particular manner which is not warranted at this stage of the proceedings. We, therefore, decline to accept the said second suggestion advanced on behalf of the respondents.’

Star India had in an additional affidavit at the time said that it was losing around Rs 290 crore every year by sharing its sports signals with Doordarshan and was expecting to lose around Rs 120 crore by sharing the telecast of the World Cup this year. (Under the Sports Act, the rights holder gets 75 per cent of the revenue from the telecast on DD which keeps the balance 25 per cent.)

The Delhi High Court had declined to set aside the must carry clause as well as the Sports Act in its judgment.

Latest Reads

http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/14/MIB-2-Story.jpg?itok=lGNtsRVZ
MIB bumps up TV channel processing fee

The ministry of information and broadcasting (MIB) has sharply increased the processing fee for TV channels in supersession of an order dated 1 January 2009. Now, national channels will have to cough up Rs 100,000, while regional ones will shell out Rs 50,000.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/14/images.jpg?itok=n9wXra2s
VTV & DY365 to go off air for violating programming act

In two separate cases, the ministry of information and broadcasting (MIB) has asked channels VTV and DY 365 to be taken off air.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/13/trai.jpg?itok=VehXdw0J
Jio continues leading broadband subs addition while wireline internet loses subs in Oct

Mukesh Dhirubhai Ambani’s Reliance Infocomm Limited (Jio) closed the month with 145.96 million wireless broadband subscribers having added 7.34 million subscribers during October 2017. Since 1 January 2017, the new telecom behemoth has added 129.91 million subscribers between 1 January 2017 and 31...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/12/MIB-800.jpg?itok=oW3QTXEz
I&B tightens up on condom ads on TV

MUMBAI: Condom ads are off prime time television. The latest advisory from the information and broadcasting (I&B) ministry has asked broadcasters to keep them out of the purview of children and only telecast them between 10 pm and 6 am.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/09/MIB-800.jpg?itok=V0jF28NO
MIB consolidates media units

MUMBAI: The ministry of information and broadcasting (MIB) has integrated the Directorate of Film Publicity (DFP), Song and Drama Division (S&DD) and the directorate of audio visual publicity (DAVP) under the banner of Bureau of Outreach and Communication (BOC). The media units, which promote...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/09/KamaSutra.jpg?itok=Ficw1UNN
'Sanskari' India wants condom ads off primetime

MUMBAI: India is a country that takes offence at the slightest suggestion of titillation. The Advertising Standards Council of India (ASCI) has approached the ministry of Information and broadcasting (I&B) for withdrawing condom ads that are telecasted during prime time or ‘family viewing time...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/06/SK-Singhal.jpg?itok=YYIH1g_l
TRAI sees merit in using satcom for broadband delivery

NEW DELHI: India needs to create digital platforms, pushed by government policies and private sector entrepreneurship, which are specific to India and address its specific needs, telecom and broadcast regulator TRAI advisor SK Singhal said on Wednesday, adding that affordable broadband and allied...

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/12/01/TRAI-Story.jpg?itok=LLiNC3Rr
TRAI orders broadcasters to remove analogue RIOs from website

MUMBAI: The Telecom Regulatory Authority of India (TRAI) has ordered cable TV service providers to stop displaying any reference interconnect offers(RIO) for analogue platforms.

Regulators TRAI
http://www.indiantelevision.com/sites/drupal7.indiantelevision.co.in/files/styles/340x340/public/images/tv-images/2017/11/29/TRAI-Story.jpg?itok=mXyQSEtx
Guest column: Net neutrality - ensuring an open internet

At a time when the US Federal Communications Commission is to vote on a rollback on the Net Neutrality Rules notified during the Obama administration, the Telecom Regulatory Authority of India (TRAI) has published its recommendations on the subject. Making headlines during the days of Zero Rating...

Regulators TRAI

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories