Broadcasting & Production Rights

Introduction
 Broadcasting:- Broadcasting is the simultaneous transmission of the same
message to multiple recipients. In networking, broadcasting occurs when a
transmitted data packet is received by all network devices.

 Production:- Production is the method of turning raw materials or inputs

into finished goods or products in a manufacturing process. In other words,
it means the creation of something from basic inputs.

 Broadcasting Rights:- Broadcasting rights are rights which

a broadcasting organization negotiates with a commercial concern - such as
a sports governing body or film distributor - in order to show that company's
products on television or radio, either live, delayed or highlights.
Origin and History
 With rapidly changing technologies, and increasing business investments, the
broadcast sector has become the site of contention between various interests –
broadcast companies, the government, public interest groups, community radio and
television channels, and an increasingly diverse audience that has been broadly
categorized as ‘the public.’ An important aspect of this tussle is the legal regulation of
both existing and emerging technologies. This compilation attempts to examine the
existing legal framework that applies to various broadcast technologies that are
currently in use in India.

 The first step in broadcasting in India was taken when 'The Times of India' in
collaboration with the Posts and Telegraph Department broadcast a programme in
Bombay as early as August, 1921.

 Television began in India way back in 1959 as a part of All India Radio when it was
formally commissioned on September 15 as an experimental service.
 Its aim was to promote social education and general awareness. It was followed by the setting up
a Broadcasting Service that began broadcasting in India in July 1927 on an experimental basis at
Bombay and a month later at Calcutta under an agreement between the Government of India
and a private company called the Indian Broadcasting Company Ltd. Faced with a widespread
public outcry against the closure of the IBC, the Government acquired its assets and constituted
the Indian Broadcasting Service under the Department of Labour and Industries. Since then,
broadcasting in India has remained under Government control.

 In 1936, a radio station was commissioned in Delhi. In the same year, the Indian Broadcasting
Service was renamed All India Radio (AIR) and a new signature tune was added. The Delhi
station became the nucleus of broadcasting at the national level.

 Radio broadcasting in India began as a private venture in 1923 and 1924, when three radio
clubs were established in Bombay, Calcutta and Madras (now Chennai). The Radio Club
broadcast the first radio programme in India in June 1923. The daily broadcasts of 2 to 3 hours
consisted mainly of music and talks. These stations had to close down in 1927 for lack of
sufficient financial support.
 It was not until Smt. Indira Gandhi was in charge of the Information and Broadcasting Ministry
that television was commissioned as a regular daily service from 15th August 1965. Now
television transmitters carry Doordarshan signals to almost three fourth of the country's
population.

 The programme broadcast on FM are becoming very popular with the urban youth as the
programme cater specifically to them. Moreover, FM broadcasts are also becoming popular in
cars and other vehicles. They provide necessary information regarding the roadblocks, traffic,
and weather etc. to the motorists. FM broadcasting has gained a lot of popularity in last few
years

Television media is one of the recent concepts in the field of broadcasting media.
At starting to television broadcasting, as early as in 1980’s only Doordarshan, which was state
own broadcasting media was available, but in the course of technological developments
Television media converted into large number of private television channels which now provide
for the broadcasting of various news reports and other entertainment programme for 24 hours
non-stop service.
In 1990’s 24 hours News channels provided news to the Indian audience or Indian peoples in
Hindi, Marathi, English and many more regional languages provided the continue services. Now
in 2000 there is lot off competitive market in news media coverage and they provided every
second news for better competence, they provided the every second news of happening of event
and government working. The government for the regulation of the Broadcasting they firstly
attempt to regulate the non-government broadcast media focused on cable operators resulted
into cable The Television Networks (Regulation) Act, 1995.

Acts which deals with the Broadcasting and Production

a) Indian Telegraph Act 1885
b) Telecom Regulatory Authority of India Act, 1997
c) Indian Wireless Telegraphy Act
d) Prasar Bharati Act, 1990
e) Cable Networks Act, 1995
f) New Telecom Policy, 1999
g) Information Technology Act 2000
Case Laws
 Secretary, Ministry of Information and Broadcasting v. cricket Association
of Bengal
The Supreme Court held that the Right to Freedom of Speech and Expression
includes the right to telecast and broadcast the matches and this right belongs to the
organization, which cannot be interfered by any one. The organization is free to
choose any agencies or broadcasting media which it thinks appropriate to telecast the
matches.

Broadcasting media must be under control of public. In land mark judgment

delivered in the year 1995 it was held that, the primary purpose of all broadcasting
media is only for the public interest. Airways frequencies are the public property.

Their use must be controlled and regulated by public authority in public interest to
prevent the invasion of this right.

This media provided the circulation and distribution of news and views directly into
the public at large, it is vary dangerous to safety and security of nation as well as
public morality any obscene and scandalous statement will affect the peace and
security of the state or society, so that it must be regulated and controlled over
broadcasting media
 ESPN Stars Sports v. Global Broadcast News Ltd.
The facts of the case are as follows: the Plaintiff, ESPN Stars Sports, sought a
permanent injunction against the Defendants, Global Broadcast News Ltd. and
Ors., seeking to restrain the Defendant news channels from utilizing the future
footage of Plaintiff, in the matches played, and to be played during the India-
Australia test matches, 20×20 series and the one day internationals involving Sri
Lanka, India and Australia, all the matches to be played in Australia, during
December 26, 2007 to March 8, 2008 without obtaining the Plaintiff’s prior
permission or in violation of the Plaintiff’s terms and conditions.

The court observed that ‘likelihood of competition’ and held that if the work is
being used to convey the same information as the author, for a rival purpose, it may be
unfair. Effect of the publication as a competitor with the plaintiff’s copyright
work is also one of the aspects sometimes taken into account by the Indian courts for
ascertaining whether the reproduction is substantial. An important aspect
under this factor is the ‘impression of the work’ alleged to be an infringement.

The plaintiff had contended that they held sole and exclusive rights/license from
various sports bodies including not limited to ‘Cricket Australia’ to televise
sporting events including the India and Australia cricket match and the defendants in
broadcasting those match and the defendants in broadcasting those matches had
violated their copyright.The Court again while referring to Vosper held that ‘After all
is said and done, it must be a matter of impression’.
 Prasar Bharti v. Sahara T.V. Network Pvt. Ltd.
The Court held that the seven minute cap in 24 hours for exhibition o footage and
also directed that use of such time shall be only for giving cricket news without any
commercial programmes, advertisements during and after the cricket news.
 LIC of India v. Manubhai D. Shah
In this case it was held that the LIC magazine is regulated by public fund and
therefore its refusal to publish the respondent’s rejoinder was unfair and
unreasonable and arbitrary and was violates of Article 19(1) (a) of the Indian
Constitution
Challenges
 Consumer needs are expanding beyond the mass media and segmented media to ‘Lifestyle
Media’, a new approach that will help consumers maximize their limited time and attention
to create a rich, personalized and social media environment. This approach presents many
opportunities for the industry to create new avenues to generate revenue.
 Knowledge of ‘consumer activity’ rather than exclusive ownership of content or
distribution assets will become the basis for competition. Businesses that capture ‘consumer
activity’ data and use it to inform business and advertising models will be positioned to
succeed.
 Media marketplace will provide a structure to capitalize on the Lifestyle Media opportunity.
Pull oriented media consumption models, such as a media marketplace, in which the
consumer is furnished with robust search, research, customization, configuration and
scheduling tools will capture the opportunity associated with Lifestyle Media better than
minor modifications to existing business practices. Participants in media market place must
collaborate on this transformation.
 Early movers in establishing media marketplaces will have a significant advantage over late
entrants because of network effects, whereby the value of the market place increases as the
number of participants increase.
 Media market places will be economically viable only if operational efficiencies can be
realized through consumer activity measurement capabilities and supporting systems.
 Significant advancements in audience measurement technology will be needed to capture,
analyze and standardize consumer activity data across platforms.
 Though convergence will bring uncertainty, the ability to gather rich data on consumer
activity will also lower the risks and costs associated with testing new revenue or advertising
models.
 Both content providers and advertisers will need to be more accountable for their
performance because it will now be measurable.
 While technology will make it easier to collect detailed consumer information, privacy
concerns will rise amongst consumers, regulators and privacy advocates.
Limitation
 The limitations of the modern day media. Beneficiaries of the communications revolution
undoubtedly enjoy access to technology which has indeed collapsed time and space, but
the quality of information that flows instantaneously around the connected world is open
to question. 'Despite having far greater access to an overwhelming surfeit of information
than ever before, the public and policy makers for that matter may not really have a more
enlightened command of the humanitarian state of affairs in Angola, Afghanistan, or even
the Bronx
Thank You