BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES
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BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES

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BROADCASTING SERVICES REGULATION BILL,2006 SOME PERSPECTIVES

BROADCASTING SERVICES REGULATION BILL,2006 SOME PERSPECTIVES

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BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES Presentation Transcript

  • BROADCASTING SERVICES REGULATION BILL,2006- SOME PERSPECTIVES
  • A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA, CHAIRMAN,CYBERLAW COMMITTEE , ASSOCHAM HEAD , PAVAN DUGGAL ASSOCIATES 8-9-06
  • BROADCASTING BILL, 2006
    • A HISTORIC MOVE TO CREATE MORE CLARITY ON THE VARIOUS LEGAL ISSUES CONCERNING BROADCASTING
    • ASSOCHAM WELCOMES THE MOVE
    View slide
  • BROADCASTING BILL, 2006
    • AN ATTEMPT TO REGULATE CERTAIN ASPECTS OF CARRIAGE AND CONTENT OF BROADCASTING
    • AIMS TO PROVIDE STRONG CENTRALIZED REGULATION OF CABLE & BROADCASTING
    View slide
  • 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 VULGAR
    • OF A TERRORIST ORGANIZATION
    • COPYRIGHT PROTECTED
    • OF A FOREIGN CHANNEL
  • CENTRAL GOVERNMENT TAKE-OVER
    • IN THE EVENT OF A WAR OR NATURAL CALAMITY OF A NATONAL MAGNITUDE
    • POWER 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 BROADCASTERS
    • IN 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 2
    • BROADCAST BILL TO COVER THE CONTENT OF ADVERTISEMENTS.
  • ASSOCHAM AND ITS COMMITMENT TO BRAODCASTING
    • ASSOCHAM 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 OBJECTIVES
    • TO CREATE AN OPEN PLATFORM FOR THE BROADCASTING STAKEHOLDERS TO VENTILATE THEIR CONCERNS
    • TO DISCUSS VARIOUS CONTENTIOUS ISSUES IN THE BILL
    • PROVIDE RECOMMENDATIONS TO THE MINISTRY ON THE BASIS OF EVOLVED INDUSTRY CONSENSUS
  • ART AND PERFECTION
    • EVERY 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
  • APPLICABILITY
    • LIMITED APPLICABILITY
    • SEEKS TO ADDRESS CABLE & BROADCASTING ISSUES
    • AN 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, 2000
    • SECTION 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 PROVIDERS
    • OVERLAP WITH THE CONCEPT OF A NETWORK SERVICE PROVIDER- CONFLICTS INHERENT
  • BALANCING REQUIRED
    • SHARING OF SPORTS BROADCAST SIGNALS WITH PUBLIC SERVICE BROADCASTERS
    • NEED 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 POWERS
    • Wide ranging powers granted to the Central Government to takeover the running and management of any channel, in the times of any national emergency
    • No transparent basis or parameters spelt out , which need to be complied with, before the exercise of such a power
    • No 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 restrictions
    • Need to balance the needs of different categories of viewers, Adult and Non- Adult
  • NEED TO DEFINE DUE DILIGENCE
    • Section 29 – Offences by companies
    • Talks of due diligence to prevent liability
    • Need to define clear parameters for Due diligence
    • Tremendous 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
  • CONCLUSION
    • Today is the right time for flagging every area of concern to the Government
    • Government today is extremely proactive and willing to listen to the concerns of the industry
    • Onus 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 ASSOCIATES [email_address] pavanduggal@hotmail.com