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Broadcasting right
1. CHENNAI
3rd 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
CHENNAI
3rd Floor, ‘Creative Enclave’, • Broadcasting is the distribution of audio and video content to a
148-150, 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
CHENNAI
3rd 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
CHENNAI
3rd Floor, ‘Creative Enclave’, • A broadcast may be distributed to stations or networks through
148-150, 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 World's 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
CHENNAI
3rd 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. CHENNAI
3rd Floor, ‘Creative Enclave’,
• Telecommunication State Laws: Right to establish broadcasting
148-150, 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.
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WEBSITE
www.altacit.com
7. CHENNAI
3rd Floor, ‘Creative Enclave’,
• During the continuance of a broadcast reproduction right in relation to
148-150, 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 performer's right], be deemed to have
EMAIL infringed the broadcast reproduction right.
info@altacit.com
WEBSITE
www.altacit.com
8. CHENNAI
3rd 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 it's grammatical variations and cognate
EMAIL expressions shall be construed accordingly.
info@altacit.com
WEBSITE
www.altacit.com
9. THE BROADCASTING BILL, 1997
CHENNAI
3rd Floor, ‘Creative Enclave’,
• The Bill is to provide for an independent authority to be
148-150, 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
CHENNAI
3rd Floor, ‘Creative Enclave’, • To carry out frequency planning of such frequencies or
148-150, 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. CHENNAI
3rd 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. CHENNAI
3rd 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
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13. CHENNAI
3rd 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. CHENNAI
3rd 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
CHENNAI
3rd Floor, ‘Creative Enclave’, • All leading democratic countries have enacted laws specifically
148-150, 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. CHENNAI
3rd 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