2013 (10) TMI 1588 - HC - Indian Laws

Court Upholds Obligation to Share Ad-Free Sports Broadcasts with Prasar Bharti Under 2007 Act.

The HC dismissed the writ petition, affirming the petitioner's obligation to share live broadcast signals of sports events with Prasar Bharti without ... - Issues Involved:1. Legal obligation of the petitioner to share live broadcasting signals with Prasar Bharti.2. Interpretation of Section 3 of the Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Act, 2007.3. Validity of Rule 5 of the Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Rules, 2007.4. Whether the obligation to share signals without advertisements infringes Section 3 of the Act.5. Applicability of Article 14 of the Constitution of India in this context.Issue 1: Legal Obligation to Share Live Broadcasting SignalsThe petitioner, ESPN Software India Pvt. Ltd., claims to be the exclusive distributor of certain sports channels in India and has acquired broadcasting rights from the International Cricket Council. The central issue is the legal obligation of the petitioner to share the live broadcasting signal with Prasar Bharti, a statutory corporation under the Prasar Bharti Act, 1990. The petitioner seeks a declaration that its obligation to share live broadcast signals of sporting events of national importance is fulfilled by sharing the signal as received from the event organizer, including any advertisements inserted by the organizer.Issue 2: Interpretation of Section 3 of the ActSection 3 of the Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Act, 2007 mandates that no content rights owner or holder shall carry a live television broadcast of sporting events of national importance unless it simultaneously shares the live broadcasting signal, without advertisements, with Prasar Bharti. The petitioner argues that the expression 'its advertisements' refers to advertisements inserted by the broadcaster in India and not those inserted by the event organizer. The court interprets the legislative intent, concluding that the phrase 'without its advertisements' means the live broadcast signals must be shared without any advertisements, irrespective of their source.Issue 3: Validity of Rule 5 of the RulesThe petitioner challenges the validity of Rule 5 of the Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Rules, 2007, which obliges the content rights owner or holder to ensure compliance with the Act's provisions. The court finds no specific ground pleaded in the writ petition to declare Rule 5 violative of Section 3. The court concludes that Rule 5 merely makes explicit what would otherwise exist in law, emphasizing compliance with the Act.Issue 4: Obligation to Share Signals Without AdvertisementsThe petitioner contends that the obligation to share signals without advertisements infringes Section 3 of the Act, as it cannot control advertisements inserted by the event organizer. The court clarifies that the legislative provision requires sharing live signals without any advertisements. The court refrains from discussing the impossibility of performance or contractual obligations with the event organizer, as the vires of Section 3(1) has not been challenged.Issue 5: Applicability of Article 14 of the ConstitutionThe petitioner argues that the obligation under Rule 5, if interpreted to include advertisements by the event organizer, would be ultra-vires Section 3(1) and violate Article 14 of the Constitution. The court highlights that any challenge to the reasonableness of the provision must consider that spectrum/air waves, being public property, are subject to governmental control and regulation. The court does not entertain the constitutional challenge, as the vires of Section 3 was not specifically questioned in the writ petition.ConclusionThe court dismisses the writ petition, finding no merit in the arguments presented. The court emphasizes the need for compliance with domestic municipal laws and the sovereign right of the State to regulate the use of air waves in public interest. The dismissal is without costs, acknowledging the absence of judicial precedent and the bona fide belief of the petitioner in having an arguable case.