The Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Act, 2007
Key Provisions of the Act
1. Mandatory Sharing of Broadcasting Signals (Section 3)
This section mandates that content rights holders and broadcasters share live television or radio broadcasts of designated sporting events with Prasar Bharati. The shared feed must be free of commercial advertisements and provided in the best quality available. Prasar Bharati is then authorized to retransmit these signals on its terrestrial and Direct-to-Home (DTH) networks, such as DD FreeDish.
2. Revenue Sharing (Section 3(2))
Broadcasters are required to share a portion of the advertisement revenue generated from these events with Prasar Bharati. The revenue-sharing ratio is set at a minimum of 75:25 for television broadcasts and 50:50 for radio broadcasts, favoring the rights holder.
3. Guidelines and Rules (Sections 5 and 7)
The Central Government has the authority to issue guidelines for the mandatory sharing of broadcasting signals. Additionally, rules have been formulated to operationalize the Act, detailing the procedures for sharing signals, including the requirement for broadcasters to inform Prasar Bharati at least 45 days before the scheduled broadcast and provide the signals at their own cost.
4. Penalties (Section 4)
The Act empowers the Central Government to impose penalties for non-compliance with its provisions. Penalties may include suspension or revocation of licenses, permissions, or registrations, with pecuniary fines not exceeding one crore rupees.
Judicial Interpretations and Case Laws
Star Sports India Pvt. Ltd. v. Prasar Bharati (2016)
In this case, the Supreme Court clarified that broadcasters are obligated to provide a "clean feed" to Prasar Bharati, free from advertisements. The Court emphasized that the responsibility to remove any on-screen advertisements or sponsor logos lies with the broadcaster, not Prasar Bharati. Failure to do so would result in the advertisement revenue being subject to the mandated revenue-sharing provisions of the Act.
BCCI v. Union of India (2017)
The Supreme Court addressed the extent of mandatory sharing under the Act, ruling that the obligation to share signals applies strictly to Prasar Bharati's terrestrial and DTH platforms. The Court held that cable operators are not authorized to retransmit these signals, thereby protecting the exclusive broadcasting rights of content holders.
Adithya Modi v. Union of India (2020)
The Madras High Court dealt with the issue of retransmitting shared sports broadcasts over the internet. The Court ruled that the Act's provisions do not extend to online platforms, and any expansion of the retransmission medium is a matter of policy for the Ministry of Information and Broadcasting and Prasar Bharati to consider.
Significance and Impact
Public Access: The Act ensures that major sporting events are accessible to the general public, including those who cannot afford subscription-based sports channels.
Revenue Protection: By limiting retransmission to Prasar Bharati's platforms, the Act helps protect the revenue streams of content rights holders.
Legal Clarity: Judicial interpretations have provided clarity on the scope of the Act, balancing public access with the rights of content owners.
Conclusion
The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, plays a crucial role in democratizing access to sporting events of national importance in India. While it ensures public access through Prasar Bharati's platforms, it also respects the commercial interests of content rights holders, as affirmed by judicial interpretations. The Act represents a balanced approach to managing the intersection of public interest and private rights in the broadcasting sector.
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