BROADCASTING SERVICES

REGULATION BILL,2006-

SOME PERSPECTIVES

BROADCASTING SERVICES

REGULATION BILL,2006-

SOME PERSPECTIVES

A PRESENTATION BY

PAVAN DUGGAL,ADVOCATE, SUPREME

COURT OF INDIA, CHAIRMAN,CYBERLAW

COMMITTEE , ASSOCHAM HEAD , PAVAN DUGGAL

ASSOCIATES8-9-06

BROADCASTING BILL, 2006

A HISTORIC MOVE TO CREATE MORE CLARITY ON THE VARIOUS LEGAL ISSUES CONCERNING BROADCASTINGASSOCHAM WELCOMES THE MOVE

BROADCASTING BILL, 2006

AN ATTEMPT TO REGULATE CERTAIN ASPECTS OF CARRIAGE AND CONTENT OF BROADCASTINGAIMS TO PROVIDE STRONG CENTRALIZED REGULATION OF CABLE & BROADCASTING

NEW LICENSING

NO BROADACSTING SERVICE WOULD BE POSSIBLE WITHOUT OBTAINING A LICENCE IN THIS REGARD.LICENCE TO BE OBTAINED FROM A STATUTORY BODY

BRAI

SECTION 4- EVERY SERVICE PROVIDER TO REGISTER HIS TV OR RADIO CHANNEL WITH THE BROADCASTING REGULATORY AUTHORITY OF INDIA( BRAI)BRAI- PROPOSED INDEPENDENT REGULATOR FOR THE BROADCASTING SECTOR

CONTENT CODE

CONTENT THAT IS OBSCENE OR VULGAROF A TERRORIST ORGANIZATIONCOPYRIGHT PROTECTEDOF A FOREIGN CHANNEL

CENTRAL GOVERNMENT TAKE-OVER

IN THE EVENT OF A WAR OR NATURAL CALAMITY OF A NATONAL MAGNITUDEPOWER OF THE CENTRAL GOVERNMENT TO TAKE OVER MANAGEMENT AND CONTROL OF ANY BROADCASTING SERVICE OR ANY FACILITY CONNECTED WITH IT

MANDATORY SHARING

OF CERTAIN BROADCAST SIGNALS WITH THE PUBLIC SERVCE BROADCASTERSIN PURSUANCE OF THEFULFILMENT OF PUBLIC SERVICE BROADCASTING OBLIGATIONS

RESTRICTIONS

RESTRICTIONS IMPOSED ON ACCUMULATION OF INTEREST“TO PREVENT MONOPOLIES ACROSS DIFFERENT SEGMENTS OF THE MEDIA”AN ATTEMPT TO PREVENT MEDIA CONSOLIDATION

ADVERTISING COVERED

ALL ELECTRONIC AND DIGITAL ADVERTISING COVERED WITHIN THE AMBIT OF THE DEFINITION OF “CONTENT” UNDER SECTION 2BROADCAST BILL TO COVER THE CONTENT OF ADVERTISEMENTS.

ASSOCHAM AND ITS COMMITMENT TO BRAODCASTINGASSOCHAM HAS BEEN THE

FIRST CHAMBER WHICH HAS BEEN IN THE FOREFRONT OF HAVING GAINED THOUGHT LEADERSHIP ON THE BROADCAST BILL ISSUES ORGANIZED VARIOUS MEETINGS AND INTERACTIONS CULMINATING IN THE PRESENT CONFERENCE

CONFERENCE OBJECTIVESTO CREATE AN OPEN PLATFORM

FOR THE BROADCASTING STAKEHOLDERS TO VENTILATE THEIR CONCERNSTO DISCUSS VARIOUS CONTENTIOUS ISSUES IN THE BILLPROVIDE RECOMMENDATIONS TO THE MINISTRY ON THE BASIS OF EVOLVED INDUSTRY CONSENSUS

ART AND PERFECTIONEVERY PROPOSED LEGISLATION IS A WORK OF ART.THE CONNOISSEURS OF ART, THROUGH THEIR INPUTS, SEEK TO FURTHER ASSIST IN THE PERFECTION OF THIS WORK OF ART.ASSOCHAM HOPES TO CONTRIBUTE SUBSTANTIALLY IN THIS PROCESS

SOME MAJOR AREAS OF CONCERN

FLAGGING SOME AREAS, WHICH REQUIRE FURTHER DEBATE, DISCUSSION AND INTROSPECTION, BOTH AT THE LEVEL OF INDUSTRY AND THE GOVERNMENT

APPLICABILITYLIMITED APPLICABILITYSEEKS TO ADDRESS CABLE & BROADCASTING ISSUESAN INCOMPLETE LEGISLATION- DOES NOT DEAL WITH DIGITAL BROADCASTING

RATIONALIZATION REQUIRED

NEED TO RATIONALIZE THE PROPOSED BILL WITH THE INFORMATION TECHNOLOGY ACT, 2000

WHICH LAW IS OVERRIDING?

SECTION 81 OF THE IT ACT, 2000SECTION 44 OF THE B’CAST BILL, 2006

IT ACT, 2000 & B’CAST BILL

DUTIES, RIGHTS AND RESPONSIBILITIES OF THE BROADCAST SERVICE PROVIDERS AND BROADCAST SERVICE CONTENT PROVIDERSOVERLAP WITH THE CONCEPT OF A NETWORK SERVICE PROVIDER- CONFLICTS INHERENT

BALANCING REQUIRED

SHARING OF SPORTS BROADCAST SIGNALS WITH PUBLIC SERVICE BROADCASTERSNEED TO CREATE THE RIGHT BALANCE TO ENSURE THAT THE PRIVATE PLAYERS ARE NOT COMPETED AGAINST COMMERCILALLY ON SHARED SIGNALS, UNDER THE GARB OF PUBLIC SERVICE BROADCASTING

WIDE RANGING POWERSWide ranging powers granted

to the Central Government to takeover the running and management of any channel, in the times of any national emergencyNo transparent basis or parameters spelt out , which need to be complied with, before the exercise of such a powerNo restrictions imposed on such power to prevent abuse

WIDE POWERS IN REGULATION

Power of entry , search and seizure into the channel offices, including newsrooms Need for imposing restrictionsNeed to balance the needs of different categories of viewers, Adult and Non- Adult

NEED TO DEFINE DUE DILIGENCE

Section 29 – Offences by companiesTalks of due diligence to prevent liability Need to define clear parameters for Due diligenceTremendous confusion in IT- Baazee.com case

NEED FOR PARAMTERS OF IMPLEMENTATION

Proposed bill needs to incorporate parameters to ensure effective implementation of the provisions of the law

MORE ISSUES

FAR MORE ISSUES ARE LIKELY TO EMERGE AND WILL BE DISCUSSED TODAY

CONCLUSIONToday is the right time for flagging every area of concern to the GovernmentGovernment today is extremely proactive and willing to listen to the concerns of the industryOnus today lies on the industry to provide all inputs to the Government to enable it to bring a robust legislation on broadcasting

THAT WAS A PRESENTATION -BY

PAVAN DUGGAL,ADVOCATE, SUPREME COURT

OF INDIA,CHAIRMAN,CYBERLAW

COMMITTEE , ASSOCHAM,HEAD , PAVAN DUGGAL

ASSOCIATESpduggal@nde.vsnl.net.in

pavanduggal@hotmail.com