broadcasting right

CHENNAI3rd Floor, ‘Creative Enclave’,

148-150, Luz Church Road,Mylapore,

Chennai - 600 004.Tel: +91 - 44 - 2498 4821

BANGALORE Suite 920, Level 9,

Raheja Towers,26-27, M G Road,

Bangalore - 560 001.Tel: +91 - 80 - 6546 2400

COIMBATOREBB1, Park Avenue,

# 48, Race Course Road,Coimbatore - 641018.

Tel: +91 - 422 – 6552921

EMAIL

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WEBSITE

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BROADCASTING RIGHT

P.ILANANGAI

IP CONSULTANT

PATENT DEPARTMENT



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Broadcasting is the distribution of audio and video content to a dispersed audience via any audio visual medium.

• Types of broadcasting:

Telephone broadcasting Radio broadcasting

Television broadcasting Cable radio (cable FM) and cable television

Direct-broadcast satellite Webcasting of video/television

BROADCASTING



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Recorded broadcasts and live broadcasts: • Recorded broadcast allows correcting errors, and removing

superfluous or undesired material, rearranging it, applying slow-motion and repetitions, and other techniques to enhance the program.

• Live events like sports television can include some of the aspects including slow-motion clips of important goals/hits, etc., in between the live television telecast.

BROADCAST CLASSIFICATION



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

DISTRIBUTION

• A broadcast may be distributed to stations or networks through physical media, such as magnetic tape, compact disc (CD), DVD, and sometimes other formats.

• Radio established itself as a national medium with the creation of the first radio network National Broadcasting Company (NBC), in 1926.

• Problems:

• All stations broadcast at the same frequency.

• Stations began to broadcast on separate frequencies.

• Solution:

• In 1927, the Radio Act became law and the Federal Radio Commission (FRC) was created to police the broadcasting industry.

• In 1939, the National Broadcasting Company (NBC) brought television to the world during the New York World's Fair, and it conducted the first official network television broadcast in the United States.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Article 19(1) of the Indian Constitution:• The rights to telecast are mentioned in Article 19(1) of the

Indian Constitution, which includes the right to freedom of speech and expression. The reason behind this is that broadcasting services convey expressive visual content.

• The fundamental rights to broadcast include: • The right to free speech which further comprises the right to

educate, entertain and inform. • The freedom of disseminating information and views in India

and abroad. This meant that Indian artists and performers have the right to convey their views through productions, dance, dramas and songs.

• Further, the freedom of speech of investigative journalists working for television and the Internet is protected under Article 19(1) of the Indian Constitution.

RIGHTS TO TELECAST AND BROADCAST



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Telecommunication State Laws: Right to establish broadcasting station

• In PL Lakhanpal v Union of India AIR 1982 Del 167 case, the verdict of the Delhi High Court was that freedom of speech provides the right to broadcast. However, it did not provide the right to establish a broadcasting station. The judges in the case stated that the Parliament could create a law allowing private broadcasting.

• Indian Copyright Act 1957:

• Sec-37: Broadcast reproduction right

• Every broadcasting organisation shall have a special right known as "broadcast reproduction right" in respect of its broadcasts.

• The broadcast reproduction right shall subsist until twenty five years from the beginning of the calendar year next following the year in which the broadcast is made.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• During the continuance of a broadcast reproduction right in relation to any broadcast, any person who, without the licence of the owner of the right does any of the following acts of the broadcast or any substantial part thereof,--

• re-broadcasts the broadcast; or

• causes the broadcast to be heard or seen by the public on payment of any charges; or

• makes any sound recording or visual recording of the broadcast; or

• makes any reproduction of such sound recording or visual recording where such initial recording was done without licence or, where it was licensed, for any purpose not envisaged by such licence; or

• sells or hires to the public, or offers for such sale or hire, any such sound recording or visual recording,

• shall, subject to the provisions of section 39 [Acts not infringing broadcast reproduction right or performer's right], be deemed to have infringed the broadcast reproduction right.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• The Prasar Bharati Act, 1990:

• The Prasar Bharati Act, 1990 was passed to provide for the establishment of a Broadcasting Corporation for India, to be known as Prasar Bharati.

• The Corporation is to organize and conduct public broadcasting services to inform, educate and entertain the public and to ensure a balanced development of broadcasting on radio and television.

• "Broadcasting" means the dissemination of any form of communication like signs, signals, writing, pictures, images and sounds of all kinds by transmission of electro-magnetic waves through space or through cables intended to be received by the general public either directly or indirectly through the medium of relay stations and all it's grammatical variations and cognate expressions shall be construed accordingly.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THE BROADCASTING BILL, 1997

• The Bill is to provide for an independent authority to be known as the Broadcasting Authority of India which is for the purpose of facilitating and regulating broadcasting services in India.

• Reasons:

• A large number of satellite television channels have been beaming their programmes through the Indian skies to our people. All these channels are foreign entities and their programmes are uplinked from outside the country without any regulation through the law of our land.

• Concern has been voiced both inside Parliament and outside about the implications of these unregulated television programmes and the denial of level playing field to Indian entities.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• To carry out frequency planning of such frequencies or band of frequencies assigned to it by the wireless adviser to the government for the purpose of broadcasting services.

• To grant licences for broadcasting services.

• To ensure that wide range of broadcasting services are available throughout India.

• To ensure services of high quality and offer a wide range of programmes to appeal to variety of tastes and interests.

• To take necessary action for violation of code, violation of condition of licence.

• To set technical and other quality standards to ensure a reasonable quality of reception.

FUNCTIONS OF AUTHORITY



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Licences:

• No person is entitled to provide broadcasting services without obtaining a licence, after commencement of this act. The authority can grant licences for the following broadcasting services, namely:-

1. Terrestrial radio broadcasting

2. Terrestrial television broadcasting

3. Satellite radio broadcasting

4. Satellite television broadcasting

5. Direct to home broadcasting

6. Local delivery services



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• The license shall be provided subject to following conditions:

1. Ensuring that nothing is included in the programmes which is likely to encourage crime or lead to disorder or will be offensive to public feeling.

2. Ensuring that news given in the programme will be presented with due accuracy and impartiality.

3. Ensuring that due impartiality is maintained in respect of social or political issues or matter relating to public policy.

4. Ensuring to promote national integration, Indian culture in his programmes.

5. Ensuring the Licensee will not carry out networking of local or regional broadcasting services without prior approval of the authority.

6. The period of license for each category will be for a period not exceeding ten years.

7. The licence is not transferable and it will lapse prior to its normal expiry in case of insolvency or death of the licensee.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Enforcement of Licences:

• Suspend the licence for a specified period;

• Revoke the licence.

• Any aggrieved person may prefer an appeal an action of the Authority in High Court having Jurisdiction within thirty days of such action.

• Offence and Punishments:- A person who provides, distributes or receives any broadcasting service which is neither a licensed service nor a permitted service shall be punishable with imprisonment which may extend up to five years ,or with fine which may extend up to rupees ten lakhs and in subsequent offence such fine may extend to rupees fifty lakhs, or with both.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

• Provisions- Foreign satellite broadcasting services:

• The authority after receiving a request, may grant permission for reception of an unlicensed foriegn satellite brosdcasting service in India.

• Prohibition of exclusive rights for live broadcasting of certain events:

• No licensee shall carry a live broadcast of any sporting or other event of national or international interest held in India, without the consent of the Authority unless the public service broadcasters have also been given the broadcasting right for carrying the same.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

CONCLUSION

• All leading democratic countries have enacted laws specifically regarding broadcasting media. The introduction of the Broadcasting Bill is a step in this direction.

• It is felt that the public service broadcaster alone will not be able to meet the needs and urges of the people in terms of variety and plurality of programmes required in different regions by different sections of society in our vast country. It can be provided by facilitating private broadcasting in the country.

• The Bill needs to establish an autonomous Broadcasting Authority in India so that they become competitive in terms of quality of services, cost of services and use of new technologies, apart from becoming a catalyst for social change, promotion of values of Indian culture and shaping of a modern vision. It will also curb monopolistic trends in this sensitive field, so that people are provided with a wide range of news and views.



Chennai - 600 004.Tel: +91 - 44 - 2498 4821



Bangalore - 560 001.Tel: +91 - 80 - 6546 2400



Tel: +91 - 422 – 6552921

EMAIL

[email protected]

WEBSITE

www.altacit.com

THANK YOU

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