In what can be considered as an important
decision, Delhi High Court (“High Court”) has dismissed a writ petition filed
by ESPN Software India Pvt. Ltd (“Petitioner”) wherein the validity of Rule 5
of the Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Rules,
2007 [“Broadcasting Rules”] had been challenged. Rule 5 of the Broadcasting Rules casts an obligation
on television/radio broadcaster to ensure the compliance with statutory
obligation of sharing live feed with Prasar Bharti while an agreement is entered into with event organiser. Rule 5 covers a situation where television or radio broadcasting service provider is different from the contents rights owner or holder.
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According to the petitioner, Rule 5 of Broadcasting
Rules was violative of section 3 of Sports Broadcast Signals (Mandatory Sharing
with Prasar Bharti) Act, 2007 (“Signal
Sharing Act”) and Article 14 of the Constitution of India. Section 3 of the
Signal Sharing Act makes it obligatory for a content owner/holder and a broadcasting
service provider to share live signals of sports of national importance with
Prasar Bharti. While sharing such signals, it should be ensured by the content
holder, owner etc. that ‘its advertisements’ are not present
in the shared in the shared signal. The provision can be read as:
“3. Mandatory sharing
of certain sports
broadcasting signals-(1)
No content rights
owner or holder
and no television
or radio broadcasting service
provider shall carry
a live television broadcast on
any cable or Direct -to-Home network or radio commentary broadcast in India of
sporting events of national importance, unless
it simultaneously shares the live broadcasting
signal, without its
advertisements, with the Prasar Bharati to enable them to
re-transmit the same on its terrestrial
networks and Direct-to-Home networks
in such manner and
on such terms and
conditions as may
be specified...........”
