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POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVESOME PERSPECTIVES

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POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVESOME PERSPECTIVES

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POLICY SUPPORT IN MEDIA AND ENTERTAINMENT FOR MAKING IT GLOBALLY COMPETITIVESOME PERSPECTIVES

  1. 1. POLICY SUPPORT IN POLICY SUPPORT IN MEDIA AND MEDIA AND ENTERTAINMENT ENTERTAINMENT FOR MAKING IT FOR MAKING IT GLOBALLY GLOBALLY COMPETITIVE- COMPETITIVE- SOME PERSPECTIVES SOME PERSPECTIVES A PRESENTATION BY PAVAN DUGGAL, CHAIRMAN, ASSOCHAM CYBERLAW COMMITTEE, ADVOCATE, SUPREME COURT OF INDIA, HEAD , PAVAN DUGGAL ASSOCIATES 19-12-07 1
  2. 2. MEDIA & ENTERTAINMENT TODAY, MEDIA AND ENTERTAINMENT ARE LARGELY DIGITAL USE OF THE ELECTRONIC FORMAT, COMPUTERS, COMPUTER SYSTEMS AND COMPUTER NETWORKS POLICY SUPPORT INDIA HAS ALREADY PROVIDED LEGAL BASIS FOR THE ELECTRONIC FORMAT THE INFORMATION TECHNOLOGY ACT, 2000 2
  3. 3. THE IT ACT, 2000 – OBJECTIVES (contd) AIMS TO PROVIDE FOR THE LEGAL FRAMEWORK SO THAT LEGAL SANCTITY IS ACCORDED TO ALL ELECTRONIC RECORDS AND OTHER ACTIVITIES CARRIED OUT BY ELECTRONIC MEANS. ELECTRONIC GOVERNANCE Legal requirements of any information or any other matter being in writing or in the typewritten or printed form, shall be deemed to have been satisfied if such information or matter is— 3
  4. 4. ELECTRONIC GOVERNANCE (contd.) (a) rendered or made available in an electronic form; and (b) accessible so as to be usable for a subsequent reference. AUTHENTICATION OF ELECTRONIC RECORDS Any subscriber may authenticate an electronic record Authentication by affixing his digital signature. Any person by the use of a public key of the subscriber can verify the electronic record. 4
  5. 5. LIABILITY OF NSPs LAW HAS PROVIDED THE CONCEPT OF NETWORK SERVICE PRODUCER ALMOST ALL MEDIA AND ENTERTAINMENT PLAYERS ARE NETWORK SERVICE PROVIDERS, IF THEY PROVIDE THEIR SERVICES ON THE ELECTRONIC NETWORKS Section 79, IT ACT, 2000 For the removal of doubts, it is hereby declared that no person providing any service as a network service provider shall be liable under this Act, rules or regulations made thereunder for any third party information or data made available by him if he proves that the offence or contravention was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence or contravention. 5
  6. 6. Network Service Providers: When Not Liable Explanation.—For the purposes of this section, — (a) quot;network service providerquot; means an intermediary; (b) quot;third party informationquot; means any information dealt with by a network service provider in his capacity as an intermediary. BROADCASTING BILL AN ATTEMPT TO REGULATE CERTAIN ASPECTS OF CARRIAGE AND CONTENT OF BROADCASTING AIMS TO PROVIDE STRONG CENTRALIZED REGULATION OF CABLE & BROADCASTING 6
  7. 7. 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- CONTENT CENSOR 7
  8. 8. CONTENT CODE CONTENT THAT IS OBSCENE OR VULGAR OF A TERRORIST ORGANIZATION COPYRIGHT PROTECTED OF A FOREIGN CHANNEL MANDATORY SHARING OF CERTAIN BROADCAST SIGNALS WITH THE PUBLIC SERVCE BROADCASTERS 8
  9. 9. 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. GRAY AREAS LIMITED APPLICABILITY SEEKS TO ADDRESS CABLE & BROADCASTING ISSUES PIECEMEAL LEGISLATION- HARDLY ABLE TO WITHSTAND THE TEST OF TIME, GIVEN ITS INABILITY TO DEAL WITH DIGITAL BROADCASTING 9
  10. 10. GRAY AREAS NEED FOR A FUTURISTIC APPROACH NEED TO RATIONALIZE THE PROPOSED BILL WIH THE INFORMATION TECHNOLOGY ACT, 2000 IT ACT, 2000 & B’CAST BILL DUTIES, RIGHTS AND RESPONSIBILITIES OF THE BROADCASTING SERVICE PROVIDERS AND CONTENT BROADCASTING SERVICE PROVIDERS 10
  11. 11. IT ACT, 2000 & B’CAST BILL(contd) OVERLAP WITH THE CONCEPT OF A NETWORK SERVICE PROVIDER UNDER INFORMATION TECHNOLOGY ACT, 2000- CONFLICTS INHERENT WHICH LAW IS OVERRIDING? SECTION 81 OF THE IT ACT, 2000 SECTION 44 OF THE B’CAST BILL, 2006 11
  12. 12. ISSUES OF CONVERGED B’CASTING ISSUES OF BROADCASTING IN THE CONVERGED ENVIRONMENT NOT AT ALL COVERED MOBILE TV + IP TV NOT COVERED BY THE PROPOSED BILL DRACONIAN POWERS Draconian 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 12
  13. 13. DRACONIAN POWERS Potentiality of abuse immense A exploitative tool for the settling of political scores against not – so- comfortable news and other channels Against the root of Indian democracy and the principles enshrined in the Constitution of India STAKEHOLDERS INPUTS NEED TO INCORPORATE ALL THE INPUTS OF ALL RELEVANT STAKEHOLDERS WE NEED TO SHAPE THE FUTUE TOMORROW 13
  14. 14. THAT WAS A PRESENTATION -BY PAVAN DUGGAL, ADVOCATE, SUPREME COURT OF INDIA PRESIDENT, CYBERLAWS.NET MEMBER, MAC, ICANN pduggal@nde.vsnl.net.in pavanduggal@hotmail.com 14

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