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  • © Altacit Global 2009 Email: info@altacit.com

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  • 1. CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, BROADCASTING RIGHT Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 P.ILANANGAI IP CONSULTANT EMAIL PATENT DEPARTMENT info@altacit.com WEBSITE www.altacit.com
  • 2. BROADCASTING CHENNAI3rd Floor, ‘Creative Enclave’, • Broadcasting is the distribution of audio and video content to a148-150, Luz Church Road, dispersed audience via any audio visual medium. Mylapore, Chennai - 600 004. • Types of broadcasting: Tel: +91 - 44 - 2498 4821 BANGALORE Telephone broadcasting Radio broadcasting Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Television broadcasting Cable radio (cable FM) and cable television Coimbatore - 641018. Tel: +91 - 422 – 6552921 Direct-broadcast satellite Webcasting of video/television EMAIL info@altacit.com WEBSITE www.altacit.com
  • 3. BROADCAST CLASSIFICATION CHENNAI3rd Floor, ‘Creative Enclave’,148-150, Luz Church Road, • Recorded broadcasts and live broadcasts: Mylapore, Chennai - 600 004. • Recorded broadcast allows correcting errors, and removing Tel: +91 - 44 - 2498 4821 BANGALORE superfluous or undesired material, rearranging it, applying Suite 920, Level 9, Raheja Towers, slow-motion and repetitions, and other techniques to enhance 26-27, M G Road, Bangalore - 560 001. the program. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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. EMAIL info@altacit.com WEBSITE www.altacit.com
  • 4. DISTRIBUTION CHENNAI3rd Floor, ‘Creative Enclave’, • A broadcast may be distributed to stations or networks through148-150, Luz Church Road, Mylapore, physical media, such as magnetic tape, compact disc (CD), DVD, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 and sometimes other formats. BANGALORE • Radio established itself as a national medium with the creation of Suite 920, Level 9, Raheja Towers, the first radio network National Broadcasting Company (NBC), in 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 1926. COIMBATORE • Problems: BB1, Park Avenue, # 48, Race Course Road, • All stations broadcast at the same frequency. Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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 EMAIL television to the world during the New York Worlds Fair, and it info@altacit.com conducted the first official network television broadcast in the WEBSITE www.altacit.com United States.
  • 5. RIGHTS TO TELECAST AND BROADCAST CHENNAI3rd Floor, ‘Creative Enclave’, • Article 19(1) of the Indian Constitution:148-150, Luz Church Road, Mylapore, • The rights to telecast are mentioned in Article 19(1) of the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Indian Constitution, which includes the right to freedom of BANGALORE speech and expression. The reason behind this is that Suite 920, Level 9, Raheja Towers, broadcasting services convey expressive visual content. 26-27, M G Road, Bangalore - 560 001. • The fundamental rights to broadcast include: Tel: +91 - 80 - 6546 2400 COIMBATORE • The right to free speech which further comprises the right to BB1, Park Avenue, # 48, Race Course Road, educate, entertain and inform. Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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 EMAIL Article 19(1) of the Indian Constitution. info@altacit.com WEBSITE www.altacit.com
  • 6. CHENNAI3rd Floor, ‘Creative Enclave’, • Telecommunication State Laws: Right to establish broadcasting148-150, Luz Church Road, Mylapore, station Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • In PL Lakhanpal v Union of India AIR 1982 Del 167 case, BANGALORE the verdict of the Delhi High Court was that freedom of Suite 920, Level 9, Raheja Towers, speech provides the right to broadcast. However, it did 26-27, M G Road, Bangalore - 560 001. not provide the right to establish a broadcasting station. Tel: +91 - 80 - 6546 2400 The judges in the case stated that the Parliament could COIMBATORE BB1, Park Avenue, create a law allowing private broadcasting. # 48, Race Course Road, Coimbatore - 641018. • Indian Copyright Act 1957: Tel: +91 - 422 – 6552921 • 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 EMAIL which the broadcast is made. info@altacit.com WEBSITE www.altacit.com
  • 7. CHENNAI3rd Floor, ‘Creative Enclave’, • During the continuance of a broadcast reproduction right in relation to148-150, Luz Church Road, Mylapore, any broadcast, any person who, without the licence of the owner of the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 right does any of the following acts of the broadcast or any substantial part thereof,-- BANGALORE Suite 920, Level 9, Raheja Towers, • re-broadcasts the broadcast; or 26-27, M G Road, Bangalore - 560 001. • causes the broadcast to be heard or seen by the public on payment of Tel: +91 - 80 - 6546 2400 any charges; or COIMBATORE BB1, Park Avenue, • makes any sound recording or visual recording of the broadcast; or # 48, Race Course Road, Coimbatore - 641018. • makes any reproduction of such sound recording or visual recording Tel: +91 - 422 – 6552921 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 performers right], be deemed to have EMAIL infringed the broadcast reproduction right. info@altacit.com WEBSITE www.altacit.com
  • 8. CHENNAI3rd Floor, ‘Creative Enclave’, • The Prasar Bharati Act, 1990:148-150, Luz Church Road, Mylapore, • The Prasar Bharati Act, 1990 was passed to Chennai - 600 004. Tel: +91 - 44 - 2498 4821 provide for the establishment of a Broadcasting BANGALORE Corporation for India, to be known as Prasar Suite 920, Level 9, Raheja Towers, Bharati. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • The Corporation is to organize and conduct public broadcasting COIMBATORE services to inform, educate and entertain the public and to ensure BB1, Park Avenue, # 48, Race Course Road, a balanced development of broadcasting on radio and television. Coimbatore - 641018. Tel: +91 - 422 – 6552921 • "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 its grammatical variations and cognate EMAIL expressions shall be construed accordingly. info@altacit.com WEBSITE www.altacit.com
  • 9. THE BROADCASTING BILL, 1997 CHENNAI3rd Floor, ‘Creative Enclave’, • The Bill is to provide for an independent authority to be148-150, Luz Church Road, Mylapore, Chennai - 600 004. known as the Broadcasting Authority of India which is for Tel: +91 - 44 - 2498 4821 the purpose of facilitating and regulating broadcasting BANGALORE Suite 920, Level 9, services in India. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. • Reasons: Tel: +91 - 80 - 6546 2400 COIMBATORE • A large number of satellite television channels have been BB1, Park Avenue, # 48, Race Course Road, beaming their programmes through the Indian skies to our Coimbatore - 641018. Tel: +91 - 422 – 6552921 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 EMAIL info@altacit.com television programmes and the denial of level playing field WEBSITE to Indian entities. www.altacit.com
  • 10. FUNCTIONS OF AUTHORITY CHENNAI3rd Floor, ‘Creative Enclave’, • To carry out frequency planning of such frequencies or148-150, Luz Church Road, Mylapore, band of frequencies assigned to it by the wireless adviser Chennai - 600 004. Tel: +91 - 44 - 2498 4821 to the government for the purpose of broadcasting services. BANGALORE Suite 920, Level 9, • To grant licences for broadcasting services. Raheja Towers, 26-27, M G Road, Bangalore - 560 001. • To ensure that wide range of broadcasting services are Tel: +91 - 80 - 6546 2400 available throughout India. COIMBATORE BB1, Park Avenue, # 48, Race Course Road, • To ensure services of high quality and offer a wide range Coimbatore - 641018. Tel: +91 - 422 – 6552921 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 EMAIL reasonable quality of reception. info@altacit.com WEBSITE www.altacit.com
  • 11. CHENNAI3rd Floor, ‘Creative Enclave’, • Licences:148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • No person is entitled to provide broadcasting services BANGALORE without obtaining a licence, after commencement of this act. The authority can grant licences for the Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 following broadcasting services, namely:- COIMBATORE BB1, Park Avenue, 1. Terrestrial radio broadcasting # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 2. Terrestrial television broadcasting 3. Satellite radio broadcasting 4. Satellite television broadcasting 5. Direct to home broadcasting EMAIL info@altacit.com 6. Local delivery services WEBSITE www.altacit.com
  • 12. CHENNAI3rd Floor, ‘Creative Enclave’, • The license shall be provided subject to following conditions:148-150, Luz Church Road, Mylapore, 1. Ensuring that nothing is included in the programmes which is likely Chennai - 600 004. Tel: +91 - 44 - 2498 4821 to encourage crime or lead to disorder or will be offensive to public BANGALORE feeling. Suite 920, Level 9, Raheja Towers, 2. Ensuring that news given in the programme will be presented with 26-27, M G Road, Bangalore - 560 001. due accuracy and impartiality. Tel: +91 - 80 - 6546 2400 COIMBATORE 3. Ensuring that due impartiality is maintained in respect of social or BB1, Park Avenue, # 48, Race Course Road, political issues or matter relating to public policy. Coimbatore - 641018. Tel: +91 - 422 – 6552921 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. EMAIL 6. The period of license for each category will be for a period not info@altacit.com exceeding ten years. WEBSITE 7. The licence is not transferable and it will lapse prior to its normal www.altacit.com
  • 13. CHENNAI3rd Floor, ‘Creative Enclave’, • Enforcement of Licences:148-150, Luz Church Road, Mylapore, Chennai - 600 004. • Suspend the licence for a specified period; Tel: +91 - 44 - 2498 4821 BANGALORE • Revoke the licence. Suite 920, Level 9, Raheja Towers, 26-27, M G Road, • Any aggrieved person may prefer an appeal an action of Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 the Authority in High Court having Jurisdiction within COIMBATORE BB1, Park Avenue, thirty days of such action. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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 EMAIL info@altacit.com ten lakhs and in subsequent offence such fine may WEBSITE extend to rupees fifty lakhs, or with both. www.altacit.com
  • 14. CHENNAI3rd Floor, ‘Creative Enclave’, • Provisions- Foreign satellite broadcasting services:148-150, Luz Church Road, Mylapore, Chennai - 600 004. • The authority after receiving a request, may grant permission for reception of an unlicensed foriegn Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, satellite brosdcasting service in India. 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 • Prohibition of exclusive rights for live COIMBATORE BB1, Park Avenue, broadcasting of certain events: # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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 EMAIL info@altacit.com same. WEBSITE www.altacit.com
  • 15. CONCLUSION CHENNAI3rd Floor, ‘Creative Enclave’, • All leading democratic countries have enacted laws specifically148-150, Luz Church Road, Mylapore, regarding broadcasting media. The introduction of the Chennai - 600 004. Tel: +91 - 44 - 2498 4821 Broadcasting Bill is a step in this direction. BANGALORE Suite 920, Level 9, • It is felt that the public service broadcaster alone will not be able Raheja Towers, 26-27, M G Road, to meet the needs and urges of the people in terms of variety and Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 plurality of programmes required in different regions by COIMBATORE different sections of society in our vast country. It can be BB1, Park Avenue, # 48, Race Course Road, provided by facilitating private broadcasting in the country. Coimbatore - 641018. Tel: +91 - 422 – 6552921 • 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 EMAIL also curb monopolistic trends in this sensitive field, so that info@altacit.com people are provided with a wide range of news and views. WEBSITE www.altacit.com
  • 16. 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, THANK YOU Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com