The Delhi High Court today delivered a judgment stating that the live broadcasting signal shared by ESPN / STAR by virtue of Section 3 of the Sports Act with Prasar Bharati, shall not be carried in the designated Doordarshan channels under the must carry obligation cast by Section 8 of the CTN Act on cable operators and this shall operate prospectively.
BOARD OF CONTROL FOR CRICKET IN INDIA & ANR v. PRASAR BHARATI BROADCASTING CORPORATION OF INDIA AND ANR.
LPA No.1327/2007
LPA No.1327/2007
Judgment Dated : 04/02/2015
CORAM : BADAR DURREZ AHMED .J , VIBHU BAKHRU .J
MODE OF TRANSMISSION OF SIGNAL:
BCCI is the content rights owner. It has sold these rights to ESPN / STAR, which, in turn, sends the live feed in an encrypted form to its satellites. From the said satellite, the feed is sent to its own channels (ESPN / STAR Sports, STAR Cricket, STAR Sports 2, STAR Cricket HD and ESPN HD) for distribution either through their own DTH networks or through cable operators. In either eventuality, they are subscribed services. Alongwith signals sent through their own distribution channels, ESPN / STAR shares the signals with Prasar Bharati, which is sent to Prasar Bharati in an encrypted form. Prasar Bharati re-transmits the signals in an encrypted form to its satellite, which, then streams that signal to three different networks.
The three networks being the DTH network of Prasar Bharati, the DD Kendras (terrestrial networks) and private cable operators through the must carry obligation stipulated under Section 8 of the CTN Act. Thus, cable operators have access to the broadcast of the sporting events through two different channels. One through the channels of ESPN / STAR and the other through the channels of Doordarshan. While, the former is to be paid for, the latter is free.
BCCI is the content rights owner. It has sold these rights to ESPN / STAR, which, in turn, sends the live feed in an encrypted form to its satellites. From the said satellite, the feed is sent to its own channels (ESPN / STAR Sports, STAR Cricket, STAR Sports 2, STAR Cricket HD and ESPN HD) for distribution either through their own DTH networks or through cable operators. In either eventuality, they are subscribed services. Alongwith signals sent through their own distribution channels, ESPN / STAR shares the signals with Prasar Bharati, which is sent to Prasar Bharati in an encrypted form. Prasar Bharati re-transmits the signals in an encrypted form to its satellite, which, then streams that signal to three different networks.
The three networks being the DTH network of Prasar Bharati, the DD Kendras (terrestrial networks) and private cable operators through the must carry obligation stipulated under Section 8 of the CTN Act. Thus, cable operators have access to the broadcast of the sporting events through two different channels. One through the channels of ESPN / STAR and the other through the channels of Doordarshan. While, the former is to be paid for, the latter is free.
It is evident that what ESPN / STAR and BCCI are objecting to is not the transmission of the signals through the DTH and terrestrial networks of Prasar Bharati, but the free transmission of the signals by Prasar Bharati through cable operators which is adversely affecting the revenue generation of ESPN/STAR and BCCI
Suspension of Delhi High Court order on Prasar Bharti Case allows Doordarshan to display the sports events on the channet till the next order is passed.
ReplyDeletePrasar Bharati v. Board of Control for Cricket in India & Ors.
Special Leave Petition (Civil) Nos. 4572-4573 of 2015
Judgment Dated : 20/02/2015
CORAM : RANJAN GOGOI .J, PRAFULLA C. PANT .J