BROADCASTING SERVICES REGULATION BILL,2006- SOME PERSPECTIVES
A PRESENTATION  BY  PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA,  CHAIRMAN,CYBERLAW COMMITTEE , ASSOCHAM  HEAD , PAVAN ...
BROADCASTING BILL, 2006 <ul><li>A HISTORIC MOVE TO CREATE MORE CLARITY ON THE VARIOUS LEGAL ISSUES CONCERNING BROADCASTING...
BROADCASTING BILL, 2006 <ul><li>AN ATTEMPT TO REGULATE CERTAIN ASPECTS OF CARRIAGE AND CONTENT OF BROADCASTING </li></ul><...
NEW LICENSING <ul><li>NO BROADACSTING SERVICE WOULD BE POSSIBLE WITHOUT OBTAINING A LICENCE IN THIS REGARD. </li></ul><ul>...
BRAI <ul><li>SECTION 4- EVERY SERVICE PROVIDER TO REGISTER HIS TV OR RADIO CHANNEL WITH THE BROADCASTING REGULATORY AUTHOR...
CONTENT CODE <ul><li>CONTENT THAT IS OBSCENE OR VULGAR </li></ul><ul><li>OF A TERRORIST ORGANIZATION </li></ul><ul><li>COP...
CENTRAL GOVERNMENT TAKE-OVER <ul><li>IN THE EVENT OF A WAR OR NATURAL CALAMITY OF A NATONAL MAGNITUDE </li></ul><ul><li>PO...
MANDATORY SHARING <ul><li>OF CERTAIN BROADCAST SIGNALS WITH THE PUBLIC SERVCE BROADCASTERS </li></ul><ul><li>IN PURSUANCE ...
RESTRICTIONS <ul><li>RESTRICTIONS IMPOSED ON ACCUMULATION OF INTEREST </li></ul><ul><li>“ TO PREVENT MONOPOLIES ACROSS DIF...
ADVERTISING COVERED <ul><li>ALL ELECTRONIC AND DIGITAL ADVERTISING COVERED WITHIN THE AMBIT OF THE DEFINITION OF “CONTENT”...
ASSOCHAM AND ITS COMMITMENT TO BRAODCASTING <ul><li>ASSOCHAM HAS BEEN THE FIRST CHAMBER WHICH HAS BEEN IN THE FOREFRONT OF...
CONFERENCE OBJECTIVES <ul><li>TO CREATE AN OPEN PLATFORM FOR THE BROADCASTING STAKEHOLDERS TO VENTILATE THEIR CONCERNS </l...
ART AND PERFECTION <ul><li>EVERY PROPOSED LEGISLATION IS A WORK OF ART. </li></ul><ul><li>THE CONNOISSEURS OF ART, THROUGH...
SOME MAJOR AREAS OF CONCERN <ul><li>FLAGGING SOME AREAS, WHICH REQUIRE FURTHER DEBATE, DISCUSSION AND INTROSPECTION, BOTH ...
APPLICABILITY <ul><li>LIMITED APPLICABILITY </li></ul><ul><li>SEEKS TO ADDRESS CABLE & BROADCASTING ISSUES </li></ul><ul><...
RATIONALIZATION REQUIRED <ul><li>NEED TO RATIONALIZE THE PROPOSED BILL WITH THE INFORMATION TECHNOLOGY ACT, 2000 </li></ul>
WHICH LAW IS OVERRIDING? <ul><li>SECTION 81 OF THE IT ACT, 2000 </li></ul><ul><li>SECTION 44 OF THE B’CAST BILL, 2006 </li...
IT ACT, 2000 & B’CAST BILL <ul><li>DUTIES, RIGHTS AND RESPONSIBILITIES OF THE BROADCAST SERVICE PROVIDERS AND BROADCAST SE...
BALANCING REQUIRED <ul><li>SHARING OF SPORTS BROADCAST SIGNALS WITH PUBLIC SERVICE BROADCASTERS </li></ul><ul><li>NEED TO ...
WIDE RANGING POWERS <ul><li>Wide ranging powers granted to the Central Government to takeover the running and management o...
WIDE POWERS IN REGULATION <ul><li>Power of entry , search and seizure into the channel offices, including newsrooms  </li>...
NEED TO DEFINE DUE DILIGENCE <ul><li>Section 29 – Offences by companies </li></ul><ul><li>Talks of due diligence to preven...
NEED FOR PARAMTERS OF IMPLEMENTATION <ul><li>Proposed bill needs to incorporate parameters to ensure effective implementat...
MORE ISSUES <ul><li>FAR MORE ISSUES ARE LIKELY TO EMERGE AND WILL BE DISCUSSED TODAY </li></ul>
CONCLUSION <ul><li>Today is the right time for flagging every area of concern to the Government </li></ul><ul><li>Governme...
THAT WAS A PRESENTATION   -BY    PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA, CHAIRMAN,CYBERLAW COMMITTEE , ASSOCHAM, H...
Upcoming SlideShare
Loading in...5
×

BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES

1,104
-1

Published on

BROADCASTING SERVICES REGULATION BILL,2006 SOME PERSPECTIVES

0 Comments
0 Likes
Statistics
Notes
  • Be the first to comment

  • Be the first to like this

No Downloads
Views
Total Views
1,104
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
33
Comments
0
Likes
0
Embeds 0
No embeds

No notes for slide

BROADCASTING SERVICES REGULATION BILL 2006 SOME PERSPECTIVES

  1. 1. BROADCASTING SERVICES REGULATION BILL,2006- SOME PERSPECTIVES
  2. 2. A PRESENTATION BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA, CHAIRMAN,CYBERLAW COMMITTEE , ASSOCHAM HEAD , PAVAN DUGGAL ASSOCIATES 8-9-06
  3. 3. BROADCASTING BILL, 2006 <ul><li>A HISTORIC MOVE TO CREATE MORE CLARITY ON THE VARIOUS LEGAL ISSUES CONCERNING BROADCASTING </li></ul><ul><li>ASSOCHAM WELCOMES THE MOVE </li></ul>
  4. 4. BROADCASTING BILL, 2006 <ul><li>AN ATTEMPT TO REGULATE CERTAIN ASPECTS OF CARRIAGE AND CONTENT OF BROADCASTING </li></ul><ul><li>AIMS TO PROVIDE STRONG CENTRALIZED REGULATION OF CABLE & BROADCASTING </li></ul>
  5. 5. NEW LICENSING <ul><li>NO BROADACSTING SERVICE WOULD BE POSSIBLE WITHOUT OBTAINING A LICENCE IN THIS REGARD. </li></ul><ul><li>LICENCE TO BE OBTAINED FROM A STATUTORY BODY </li></ul>
  6. 6. BRAI <ul><li>SECTION 4- EVERY SERVICE PROVIDER TO REGISTER HIS TV OR RADIO CHANNEL WITH THE BROADCASTING REGULATORY AUTHORITY OF INDIA( BRAI) </li></ul><ul><li>BRAI- PROPOSED INDEPENDENT REGULATOR FOR THE BROADCASTING SECTOR </li></ul>
  7. 7. CONTENT CODE <ul><li>CONTENT THAT IS OBSCENE OR VULGAR </li></ul><ul><li>OF A TERRORIST ORGANIZATION </li></ul><ul><li>COPYRIGHT PROTECTED </li></ul><ul><li>OF A FOREIGN CHANNEL </li></ul>
  8. 8. CENTRAL GOVERNMENT TAKE-OVER <ul><li>IN THE EVENT OF A WAR OR NATURAL CALAMITY OF A NATONAL MAGNITUDE </li></ul><ul><li>POWER OF THE CENTRAL GOVERNMENT TO TAKE OVER MANAGEMENT AND CONTROL OF ANY BROADCASTING SERVICE OR ANY FACILITY CONNECTED WITH IT </li></ul>
  9. 9. MANDATORY SHARING <ul><li>OF CERTAIN BROADCAST SIGNALS WITH THE PUBLIC SERVCE BROADCASTERS </li></ul><ul><li>IN PURSUANCE OF THEFULFILMENT OF PUBLIC SERVICE BROADCASTING OBLIGATIONS </li></ul>
  10. 10. RESTRICTIONS <ul><li>RESTRICTIONS IMPOSED ON ACCUMULATION OF INTEREST </li></ul><ul><li>“ TO PREVENT MONOPOLIES ACROSS DIFFERENT SEGMENTS OF THE MEDIA” </li></ul><ul><li>AN ATTEMPT TO PREVENT MEDIA CONSOLIDATION </li></ul>
  11. 11. ADVERTISING COVERED <ul><li>ALL ELECTRONIC AND DIGITAL ADVERTISING COVERED WITHIN THE AMBIT OF THE DEFINITION OF “CONTENT” UNDER SECTION 2 </li></ul><ul><li>BROADCAST BILL TO COVER THE CONTENT OF ADVERTISEMENTS. </li></ul>
  12. 12. ASSOCHAM AND ITS COMMITMENT TO BRAODCASTING <ul><li>ASSOCHAM HAS BEEN THE FIRST CHAMBER WHICH HAS BEEN IN THE FOREFRONT OF HAVING GAINED THOUGHT LEADERSHIP ON THE BROADCAST BILL ISSUES </li></ul><ul><li>ORGANIZED VARIOUS MEETINGS AND INTERACTIONS CULMINATING IN THE PRESENT CONFERENCE </li></ul>
  13. 13. CONFERENCE OBJECTIVES <ul><li>TO CREATE AN OPEN PLATFORM FOR THE BROADCASTING STAKEHOLDERS TO VENTILATE THEIR CONCERNS </li></ul><ul><li>TO DISCUSS VARIOUS CONTENTIOUS ISSUES IN THE BILL </li></ul><ul><li>PROVIDE RECOMMENDATIONS TO THE MINISTRY ON THE BASIS OF EVOLVED INDUSTRY CONSENSUS </li></ul>
  14. 14. ART AND PERFECTION <ul><li>EVERY PROPOSED LEGISLATION IS A WORK OF ART. </li></ul><ul><li>THE CONNOISSEURS OF ART, THROUGH THEIR INPUTS, SEEK TO FURTHER ASSIST IN THE PERFECTION OF THIS WORK OF ART. </li></ul><ul><li>ASSOCHAM HOPES TO CONTRIBUTE SUBSTANTIALLY IN THIS PROCESS </li></ul>
  15. 15. SOME MAJOR AREAS OF CONCERN <ul><li>FLAGGING SOME AREAS, WHICH REQUIRE FURTHER DEBATE, DISCUSSION AND INTROSPECTION, BOTH AT THE LEVEL OF INDUSTRY AND THE GOVERNMENT </li></ul>
  16. 16. APPLICABILITY <ul><li>LIMITED APPLICABILITY </li></ul><ul><li>SEEKS TO ADDRESS CABLE & BROADCASTING ISSUES </li></ul><ul><li>AN INCOMPLETE LEGISLATION- DOES NOT DEAL WITH DIGITAL BROADCASTING </li></ul>
  17. 17. RATIONALIZATION REQUIRED <ul><li>NEED TO RATIONALIZE THE PROPOSED BILL WITH THE INFORMATION TECHNOLOGY ACT, 2000 </li></ul>
  18. 18. WHICH LAW IS OVERRIDING? <ul><li>SECTION 81 OF THE IT ACT, 2000 </li></ul><ul><li>SECTION 44 OF THE B’CAST BILL, 2006 </li></ul>
  19. 19. IT ACT, 2000 & B’CAST BILL <ul><li>DUTIES, RIGHTS AND RESPONSIBILITIES OF THE BROADCAST SERVICE PROVIDERS AND BROADCAST SERVICE CONTENT PROVIDERS </li></ul><ul><li>OVERLAP WITH THE CONCEPT OF A NETWORK SERVICE PROVIDER- CONFLICTS INHERENT </li></ul>
  20. 20. BALANCING REQUIRED <ul><li>SHARING OF SPORTS BROADCAST SIGNALS WITH PUBLIC SERVICE BROADCASTERS </li></ul><ul><li>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 </li></ul>
  21. 21. WIDE RANGING POWERS <ul><li>Wide ranging powers granted to the Central Government to takeover the running and management of any channel, in the times of any national emergency </li></ul><ul><li>No transparent basis or parameters spelt out , which need to be complied with, before the exercise of such a power </li></ul><ul><li>No restrictions imposed on such power to prevent abuse </li></ul>
  22. 22. WIDE POWERS IN REGULATION <ul><li>Power of entry , search and seizure into the channel offices, including newsrooms </li></ul><ul><li>Need for imposing restrictions </li></ul><ul><li>Need to balance the needs of different categories of viewers, Adult and Non- Adult </li></ul>
  23. 23. NEED TO DEFINE DUE DILIGENCE <ul><li>Section 29 – Offences by companies </li></ul><ul><li>Talks of due diligence to prevent liability </li></ul><ul><li>Need to define clear parameters for Due diligence </li></ul><ul><li>Tremendous confusion in IT- Baazee.com case </li></ul>
  24. 24. NEED FOR PARAMTERS OF IMPLEMENTATION <ul><li>Proposed bill needs to incorporate parameters to ensure effective implementation of the provisions of the law </li></ul>
  25. 25. MORE ISSUES <ul><li>FAR MORE ISSUES ARE LIKELY TO EMERGE AND WILL BE DISCUSSED TODAY </li></ul>
  26. 26. CONCLUSION <ul><li>Today is the right time for flagging every area of concern to the Government </li></ul><ul><li>Government today is extremely proactive and willing to listen to the concerns of the industry </li></ul><ul><li>Onus today lies on the industry to provide all inputs to the Government to enable it to bring a robust legislation on broadcasting </li></ul>
  27. 27. 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
  1. A particular slide catching your eye?

    Clipping is a handy way to collect important slides you want to go back to later.

×