Tag: Broadcasters

  • Hyderabad-based IT engineer arrested for copyright violation of Viacom18’s content

    Hyderabad-based IT engineer arrested for copyright violation of Viacom18’s content

    New Delhi: Maharashtra Cyber Police has arrested a 28-year-old Hyderabad-based IT engineer for alleged copyright violation of Viacom18’ content using a standalone pirated application called Thop TV.

    According to police, the accused named Satish Venkateshwarlu was allegedly relaying and transmitting the network’s content without authorization at a discounted price through a mobile app called ‘Thop TV’, and thus causing a substantial revenue loss to the network.

    The accused was arrested under Sections 43, 66 and 66B of the Information Technology Act, 2000, Section 63 of Copyright Act, and Section 420 and 34 of the Indian Penal Code (IPC). He was produced before the court which remanded him to six days of police custody for further investigations.

    The probe was initiated after Viacom18 filed an official complaint with Maharashtra Cyber against the “rogue, standalone” mobile application, which was relaying and transmitting their copyrighted content such as movies, TV shows and VOD content at a discounted rate, thus causing substantial revenue loss to the company.

    Superintendent of police, Sanjay Shintre said, “After the initial technical investigation, it was noticed that the accused, a highly educated IT engineer from Hyderabad developed a mobile application named ‘Thop TV’ and pirated Viacom18’s content through Telegram, a social media intermediary. The app has lakhs of viewers, including 5,000 paid subscribers, thereby generating massive revenue for the app.”

    Speaking on this development, a Viacom18 Spokesperson said, “Piracy is a matter of grave concern for the media industry and one that needs to be addressed constantly. It is important to acknowledge that digital piracy is a serious offence which causes huge losses to the digital economy. Viacom18 will continue to fight this menace and secure its content through all means available under law. We are grateful to the Office of the inspector general of police Maharashtra Cyber for their constant vigilance and timely support towards curbing piracy and copyright violation.”

  • Indian Broadcasting Foundation (IBF) moves SC against HC’s NTO 2.0 verdict

    Indian Broadcasting Foundation (IBF) moves SC against HC’s NTO 2.0 verdict

    New Delhi: The Indian Broadcasting Foundation (IBF) has filed a petition in the Supreme Court against the Bombay high court verdict, which had upheld the constitutionality of the amended New Tariff Order (NTO 2.0) passed by the Telecom Regulatory Authority of India (Trai).

    After a legal tussle that lasted over a year, Trai had managed to get a green signal from the court on 30 June on the implementation of amended NTO 2.0 passed in January, 2020. The division bench of the high court stated that the challenge to the constitutional validity of the 2020 rules and regulations of Trai does not hold any water. At the same time, it termed one of the twin conditions “arbitrary”, according to which the maximum retail price of an a-la-carte channel could not be more than one third of the maximum rate of a channel in the bouquet.

    The court had passed the judgement on petitions filed by several broadcasters under the umbrella of the Indian Broadcasting Foundation (IBF) including Zee Entertainment, Star India, TV18, and Sony Pictures Network India (SPN) who had opposed the order, challenged the tariff order and termed it “arbitrary and in violation of their fundamental right.”

    According to broadcasters, the new order could lead to a drop in the subscription revenue, especially now, when the industry is reeling under pandemic-induced low advertising revenue. NTO 2.0 has prescribed linkage between a-la-carte price and bouquet, and reduced the price cap on the subscription fees for pay channels. So, TV broadcasters can include a channel in a pack only if it is priced at Rs 12 or less than that. Earlier, this limit was Rs. 19.

    The broadcasters only got partial relief when the high court struck down one of the twin conditions relating to the average pricing of a channel in a bouquet terming it as ‘arbitrary’. This will allow broadcasters to increase the number of channels they want to provide in the bouquet and enhance the value delivered to consumers.

    According to the condition the a-la-carte rates of each pay channel (MRP), forming part of a bouquet, shall in no case exceed three times the average rate of a pay channel of that bouquet. So, if the maximum price of a channel in a pack was Rs.12, a broadcaster could not charge more than four rupees for an a-la-carte channel.

    The high court had also extended its previous interim order, asking Trai not to take any coercive action against the broadcasters, if they did not implement the new tariff order. The order was extended for the next six weeks.

  • I&B ministry registers BCCC as Level II self-regulatory body under amended Cable TV rules

    I&B ministry registers BCCC as Level II self-regulatory body under amended Cable TV rules

    New Delhi: The ministry of information and broadcasting (I&B) has registered the Broadcasting Content Complaints Council (BCCC) as a self-regulatory body for redressal of grievances against the non-news television channels under the Cable TV Networks (Amendment) Rules, 2021 notified recently.

    Founded in June 2011 by the Indian Broadcasting Federation (IBF), BCCC is an independent self-regulatory body for non-news general entertainment channels that examines content-related grievances against over 300 non-news channels in the country.

    “The BCCC shall perform all functions specified for a self-regulatory body in Rule 18 of the Cable Television Networks (Amendment) Rules, 2021,” the ministry said. While Justice (retd) AP Shah was the BCCC’s founding chairperson, Justice (retd) Gita Mittal is the present chairperson of the Council.

    “It is a pleasant recognition of ten years of very hard work done by the BCCC under its various learned chairpersons,” BCCC’s general secretary Ashish Sinha told PTI.

    Under the amended Cable TV network rules notified by the government in May, self-regulatory bodies of TV channels are required to be registered with the central government.

    The amended rules stipulate a three-layer grievance redressal mechanism — self-regulation by broadcasters, self-regulation by the self-regulating bodies of broadcasters, and an oversight mechanism by the central government. The rules require each broadcaster to establish a grievance or complaint redressal mechanism, appoint an officer to deal with the complaints, display the contact details of their grievance officer on their website or interface and be a member of a self-regulating body.

    As per the rules, any person aggrieved by the content of a programme of a channel may file his/her complaint in writing to the broadcaster first. “The broadcaster shall, within 24 hours of a complaint being filed, generate and issue an acknowledgment to the complainant for his information and record. The broadcaster shall dispose of the complaint and inform the complainant of its decision within 15 days of receipt of such complaint,” the rules state.

  • Bombay HC upholds TRAI’s NTO 2.0 except second provision of twin conditions

    KOLKATA: After a long legal battle between broadcasters and the telecom regulatory authority of India (TRAI), the Bombay High Court on Wednesday pronounced judgment on the amended new tariff order (NTO 2.0) case. 

    The court has upheld the constitutional validity of NTO 2.0 but has partly struck down the second provision of the twin conditions.

    As per the second provision, the a-la-carte rates of each pay channel (MRP), forming part of a bouquet, shall in no case exceed three times the average rate of a pay channel of the bouquet of which such pay channel is a part. The court has mentioned the clause as an arbitrary condition. 

    The Indian Broadcasting Foundation (IBF), along with other broadcasters had filed a writ petition in the Bombay High Court against TRAI in January 2020, soon after the regulations came into place.

    More to follow…

  • MIB amends Cable TV Rules for redressal of broadcast-related complaints

    New Delhi: The Centre has amended the Cable Television Network Rules to provide for a three-layer statutory mechanism for the redressal of consumer’s complaints relating to the content broadcast by TV channels.

    The Cable TV Networks (Amendment) Rules, 2021 was notified in an official gazette on Thursday.

    “The @MIB_India has by amending the Cable Television Network Rules, 1994, developed a statutory mechanism to redress citizens’ grievances & complaints against programmes of TV channels. The @MIB_India has also decided to recognize Statutory Bodies of TV channels under CTN Rules,” tweeted information and broadcasting minister Prakash Javadekar. 

     

     

    At present, there is an institutional mechanism by way of an inter-ministerial committee to address grievances of citizens relating to violation of the Programme/Advertising Codes under the Rules. Similarly, various broadcasters have also developed their internal self-regulatory mechanism for addressing grievances. “However, a need was felt to lay down a statutory mechanism for strengthening the grievance redressal structure. Some broadcasters had also requested for giving legal recognition to their associations/bodies,” said the ministry of information and broadcasting (I&B) on Thursday.

    The amended rules stipulate a three-layer grievance redressal mechanism — self-regulation by broadcasters, self-regulation by the self-regulating bodies of broadcasters and an oversight mechanism by the central government. The rules require each broadcaster to establish a grievance or complaint redressal mechanism, appoint an officer to deal with the complaints, display the contact details of their grievance officer on their website or interface and be a member of a self-regulating body.

    As per the rules, any person aggrieved by the content of a programme of a channel may file his/her complaint in writing to the broadcaster first. “The broadcaster shall, within 24 hours of a complaint being filed, generate and issue an acknowledgement to the complainant for his information and record. The broadcaster shall dispose of the complaint and inform the complainant of its decision within 15 days of receipt of such complaint,” the rules state.

    The complainants can file an appeal with the self-regulatory body of broadcasters if they are not satisfied with the decision of the broadcaster’s grievance redressal officer or the decision of the broadcaster is not communicated to them within 15 days. The complainant may prefer an appeal to the self-regulating body, of which the broadcaster is a member, within 15 days therefrom.

    The self-regulating body will be required to dispose of the appeal within 60 days of the receipt of the appeal, convey its decision in the form of guidance or advisory to the broadcaster, and inform the complainant of such a decision within 15 days. “Where the complainant is not satisfied with the decision of the self-regulating body, he may, within 15 days of such decision, prefer an appeal to the central government for its consideration under the oversight mechanism,” said the rules.

    The Advertising Standards Council of India (ASCI) will hear complaints regarding the violation of the advertising code, take a decision within 60 days of the receipt of a complaint and communicate the same to the broadcaster and the complainant.

    According to the amended rules, there may be one or more self-regulatory body of broadcasters, provided that every such body shall be constituted by a minimum of 40 broadcasters. The self-regulating body shall, after its constitution, register itself with the central government “within a period of 30 days from the date of publication of these rules, or within 30 days from the date of its constitution, whichever is earlier,” the rules stipulate.

    The government will set up an Inter-Departmental Committee (IDC) to take up the hearing of matters “arising out of the appeals against the decisions taken at Level I or Level II of the grievance redressal mechanism”. It will also hear complaints referred by the central government.

    According to the ministry, the notification is significant as it paves the way for a “strong institutional system for redressing grievances” while placing accountability and responsibility on the broadcasters and their self-regulating bodies.

    At present there are over 900 television channels that have been granted permission by MIB all of which are required to comply with the Programme and Advertising Code laid down under the Cable Television Network Rules.

  • Get a jab, industry urges staff, workers as it resumes operations

    New Delhi: With the second wave of the pandemic beginning to show signs of a slowdown, organisations across the country are gearing up to welcome their employees back to the office. But with the threat of a third wave looming large, they are taking no chances and making arrangements for their employees to get vaccinated on time. The media and entertainment industry was also hit hard by the pandemic. With TV, film shoots suspended, the losses only mounted. Now as states begin to unlock and restrictions ease, the industry is also taking steps to resume business.

    “Vaccination is the only wave to combat this dreaded disease. I’m sure it will eliminate the disease to a large extent and pave the way for a fearless and anxiety-free shooting in Maharashtra,” said Indian Film and TV Producers Council (IFTPC) president Sajid Nadiadwala.

    IFTPC has already begun vaccinating about 10,000 media and entertainment workers. The trade association has tied up with Kokilaben Ambani Hospital for the vaccination drive at the IFTPC office in Andheri West. It has decided to add two to three more vaccination centers once the return journey of crews shooting outside Maharashtra begins.

    “Vaccination will be given free of cost to all the workers, but a nominal fee will be charged from high-end professionals and technicians,” said IFTPC chairman (TV and web), J D Majethia, adding that the first vaccination drive is being funded by Motion Pictures and TV Producers’ Welfare Trust, the philanthropic wing of IFTPC.

    On 8 June, the Federation of Cine Technicians and Workers of Eastern India (FCTWEI) also conducted a mass vaccination drive and inoculated as many as 108 people, including artists, technicians, executive producers, and writers. 

    The Producers Guild of India (PGI), the association of Indian film, television, and digital content producers also conducted a mass vaccination campaign for its guild members and associated production crews on a multi-day drive on 1 June. “Mass vaccination drives will help to facilitate safer shooting as the production has been resumed in limited hours,” it stated.

    Broadcasters are not far behind either. Zee Entertainment has begun the vaccination drive for artists, technicians, crew members, other associates, and partners. Zee Kannada and Zee Bangla have already conducted the first drive, Zee Telugu will follow suit. Soumi Chakraborty, who plays Kamala in ‘Rani Rashmoni’ received the first dose of the Covid vaccine at the Zee Bangla office on 7 June.

    “As a responsible broadcaster and one of the important broadcasters in the TV ecosystem, we have taken the initiative to provide free vaccination for all our artists, technicians, the crew of production houses, and other associates and partners. This initiative has been driven by a core sense of health and safety first for all the partners and members who are associated with our various projects,” said Zee Entertainment cluster head (East) Samrat Ghosh.

    Yash Raj Films has also opened its studios for the first phase of the vaccination drive, in which it plans to inoculate as many as 4,000 workers. YRF had pledged to sponsor Covid-19 vaccines for 30,000 members of the Federation of Western India Cine Employees (FWICE).

    As the second wave recedes further, it may also become necessary for workers and staff to show proof of vaccination, when they resume work. The organizations are thus making efforts to dispel any concerns that their staff may have regarding vaccination and urging them to take the jabs.

  • IBF ropes in Siddharth Jain as secretary general

    IBF ropes in Siddharth Jain as secretary general

    New Delhi : The Indian Broadcasting Foundation (IBF), the apex body of broadcasters, on Thursday appointed Siddharth Jain as its secretary general.

    An industry veteran, Jain’s career spans over three decades. Until 30 April, he was working with Turner International India Pvt. Ltd. as SVP and managing director – South Asia.

    Commenting on the appointment, IBF president, K. Madhavan said, “Siddharth has demonstrated great competency in nurturing efficient, talented cross border teams of industry experts and is highly adept in driving innovation to turn adversities into opportunities. Given his remarkable expertise in leadership and advocacy, business strategy, corporate governance and compliance, we are confident in his ability to steer the IBF on a path that helps realize the sector’s value chain to the optimum. I, along with the rest of the IBF members, welcome Siddharth and wish him the very best for his new role.”

    Jain is an accomplished enterprise business leader known for expertise in business strategy, revenue/profitability/EBITA growth, financial management, sales & marketing, business development, international brand launches & development, account management, strategic alliances & partnership development, relationship management, and corporate governance and compliance stated IBF in a release.

    Meanwhile, IBF is being renamed as Indian Broadcasting & Digital Foundation (IBDF), as it expands its purview to cover digital platforms to bring all digital (OTT) players under one roof. IBF is also in the process of setting up a separate subsidiary to facilitate the entry of OTT players.

    The subsidiary will be carrying out various activities for its member OTT players including handling the day-to-day activities of the industry-led Level-II appellate Self-Regulatory Body (SRB) called Digital Media Content Regulatory Council (DMCRC) for non-news digital OTT platforms, similar to Broadcast Content Complaint Council (BCCC).

  • Former SC judge Justice Vikramjit Sen appointed chairman of IBF’s new self-regulatory body

    Former SC judge Justice Vikramjit Sen appointed chairman of IBF’s new self-regulatory body

    New Delhi: Former Supreme Court judge Justice Vikramjit Sen was on Monday appointed as the chairman of the newly formed self-regulatory body – Digital Media Content Regulatory Council (DMCRC) formed by the Indian Broadcasting Foundation (IBF), the apex body of broadcasters.

    The industry-led self-regulatory body (SRB) for digital OTT platforms will work as a second-tier mechanism at the appellate level, quite similar to the Broadcast Content Complaint Council (BCCC), which IBF had implemented for the linear broadcasting sector in 2011. DMCRC was formed as per the mandate of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that came into effect on 26 May, with active consultation amongst the creative industry fraternity.

    The newly formed Council constitutes prominent personalities from the media & entertainment industry and Online Curated Content Providers (OCCPs), with experience in IPR, programming, and content creation. Meanwhile, IBF will also be renamed as the Indian Broadcasting and Digital Foundation (IBDF) as it expands its purview to cover digital platforms to bring all digital (OTT) players under one roof. 

    A former supreme court judge, Justice (retd) Sen has practiced in all the courts in Delhi, although primarily in the high court of Delhi. He was elevated to the apex court on 24 December 2012. He was also appointed chairman of the Broadcast Content Complaints Council (BCCC)- a self-regulatory body for the non-news and current affairs television channels in India in 2017, said IBF in a statement on Monday.

    The other members of the council are national award-winning filmmaker Nikkhil Advani, Banijay Group CEO and founder Deepak Dhar,  prominent artist, filmmaker, and writer Ashwiny Iyer Tiwari and creative writer and innovative director, Tigmanshu Dhulia. The other two members from the OCCPs include Sony Pictures Pvt. Ltd, general counsel Ashok Nambisan, and Star and Disney India, chief regional counsel Mihir Rale and Disney India.

    Speaking on the appointment of the committee, IBF president, K. Madhavan said, “I am delighted that so many experts from the media and entertainment industry have come forward and accepted the invitation of IBDF to be part of the proposed self-regulatory body. I look forward to working with the Council whose mandate is to ensure freedom of expression of the Indian creative industry as well as help the discerning audience of the OTT platforms to have unhindered access to world-class and differentiated content. This is a historical and win-win moment for all the stakeholders i.e. the M&E industry, the policymakers, and the subscribers of the OTT platforms.”

  • French groups TF1 and M6 propose merger

    French groups TF1 and M6 propose merger

    MUMBAI: Fierce competition forces alliances upon nations, people, and companies. As it is doing in the media and entertainment globally today. Close on the heels of the announcement of the merger between AT&T’s Warner Media and Discovery, reports of another fusion between two media groups in France have emerged. The two in question are TF1 and M6 (pronounced Seez) groups.

    TF1 is owned by the Bouygues group, while M6’s ownership lies with European production and TV broadcaster RTL, which is part of media giant Bertlesmann. The two will be housed in a new French company in which Bouygues would hold 30 per cent and RTL 16 per cent. The former will acquire 11 per cent equity from the latter for Euros 641 million.

    The proposal has got the go-ahead from the RTL, Bouygues, TFI, and M6 boards, but has to get over the regulatory hurdles from French authorities and is proposed to close by the end-2022. The merged company would have a 2020 pro forma revenue of €3.4bn and a current operating profit of €461M. The synergies potential (EBITDA run-rate impact) is estimated at €250M to €350M per year within three years from the closing of the transaction.

    M6 CEO Nicolas de Tavernost has been proposed as chairman & CEO of the merged entity while chairman and CEO of TF1 Gilles Pélisson will be nominated as deputy CEO of Groupe Bouygues in charge of media and development.

    A new ad-supported service, combining catch-up and live streaming and based on existing services MyTF1 and 6play, would be developed, alongside an SVoD service and a production hub for local and international content.

    What’s forcing the two to merge? Well a press release issued by RTL gives some insights.

    It says the two groups are active in a growing total video market where increasingly rich, original, and exclusive content is driving long-term audience growth. Even as linear TV remains powerful, it is undergoing a structural transformation with a strong shift towards on-demand consumption which is being led by global platforms making deep pushes in the French advertising market.

    “The combination of these two players, of the know-how of their employees and their strong brands, would allow the new group to invest more and to step up innovation. The proposed merger is critical to ensure the long-term independence of French content creation and to continue to offer diversified and premium local content to the benefit of all viewers,” said the statement.

    “The merger between Groupe TF1 and Groupe M6 is a great opportunity to create a French total video champion that will guarantee independence, quality of content, and pluralism – values that have long been shared by our two groups,” said Pélisson. “It will be an asset in promoting French culture. Groupe TF1 now approaches a new stage in its development, consistent with the strategic vision developed in the past five years.”

    “The consolidation of the French television and audio-visual markets is an absolute necessity if the French audience and the industry as a whole are to continue to play a predominant role in the face of exacerbated international competition, which is accelerating rapidly,” added de Tavernost. “The combination of the two groups’ know-how will allow for an ambitious French response. Furthermore, this proposed merger of Groupe M6 and Groupe TF1 is the only transaction offering value creation for all Groupe M6 shareholders.”

    “The audio-visual market benefits from long-term growth. In this context, Groupe Bouygues is pleased to contribute to the creation of a major French media group able to compete with the GAFANs,” highlighted Groupe Bouygues CEO Olivier Roussat. “We are pleased with this major development and partnership which confirms Groupe Bouygues’ commitment to the media since 1987. As shareholders with exclusive control over the new group, we will continue to provide it with our full support.”

    RTL CEO Thomas Rabe said the proposed merger of Groupe TF1 and Groupe M6 would be a major step in implementing the strategy to create national media champions across the European footprint. “It demonstrates how in-country consolidation creates significant value. As a strategic investor, we will be long-term industrial partners of Groupe Bouygues,” he added.

  • Does the Discovery-AT&T Warner Media merger make sense?

    Does the Discovery-AT&T Warner Media merger make sense?

    MUMBAI: In one word. Yes. At least it gives them a chance in hell to play catch up with the well-muscled and well-entrenched rivals like Netflix, Disney, Amazon Prime Video, and Apple TV in the streaming race. While Netflix announced 208 million subscribers worldwide in its latest financial meet with investors, Disney declared that it had roped in 108 million subs in just a year and a half of its existence.

    As compared to that, Discovery recently disclosed that it had managed to lasso 15 million subscribers to its streaming business, and Warner Media’s HBO Max revealed its sign-ups at 9.7 million. Combining the two – if all subs stay put – gives a total of around 24.7 million. That’s still an ant-like figure compared to the jumbo numbers of Netflix, Disney, and hey even Amazon Prime. Both continued to concentrate on linear TV, and on cable, even as others were laying it out thick on OTT services. Their coming late to the streaming party means they have to work harder to ramp up subs. By teaming up it might be a little easier, but the hard work will need to be put in.

    Netflix – when it launched – did to HBO, what HBO did to other cable TV programmers two to three decades ago. The Reed Hastings-led OTT introduced cutting-edge, well-produced and edited, hard storytelling in its series and gave subscribers something to get glued onto almost every month. At an affordable price too as compared to cable TV’s high rates in the US.

    Can HBO do a Netflix to Netflix in terms of content in the current streaming world? 

    Many think that can be done, but it requires deep pockets as well as a global vision such as that is available aplenty with the Netflix top management. As well as a strong heart to tolerate negative cash flows, take on what some may consider strangulating debt while spending tens of billions of dollars on content, churning out fresh shows o

    Fusing Warner with Discovery will definitely give the two a lot more financial ammo as well content. Both are at the top of their game when it comes to their respective genres. Warner Media has dramas, series, movies in the case of HBO, TNT, TBS, and Warner Bros and kids programming in Cartoon Network; news in CNN, and sports in Turner Sports. Discovery has gold standard factual programming, along with its live sports lineup in Eurosport, real estate shows in HGTV and lifestyle programming in TLC, and food competitions in the Food Network.

    If the merger does see the light of day, the question about who will lead the operation will need to be answered. Warner Media’s Jason Kilar has shown he has the hunger; Discovery boss David Zaslav is no chicken; he’s a mean rooster and is extremely ambitious.  Observers believe that AT&T is likely to call the shots; so Kilar will get a shoo-in as head, while Zaslav will get a very rich golden handshake. Others however point out that the latter has the confidence of media baron John Malone who  controls about 30 per cent of Discovery’s equity and it’s quite likely that his word will carry weight.  This means Zaslav and Kilar might both be accommodated in the new organization.

    Of course, the merger will mean the joint entity  will boast of a neat bundle of offerings for viewers – covering everything from sports to drama to factual to kids to movies to reality. Scale is crucial in streaming service offerings, and that can be achieved by offering the Discovery Warner service at an extremely appealing price, in keeping with what rivals are charging. Discovery Plus has a price tag of $6.99 while HBO Max is available at $15. This is why the latter has remained as a niche offering attracting a thin sliver of viewers as compared to Netflix and Disney.

    In the Indian context, both Discovery and Warner Media, have kind of been left behind in the broadcast sweepstakes as compared to the mainline TV broadcasters and streamers. Both have kids channels, while HBO and WB channels have been wound up in the country. Discovery has its international slate of channels while it also has localised its factual programming. Hence, a merger within India would definitely bring in economies.

    Clearly, all that is in the future. Right now the two companies’ boards and management have to decide whether they are going ahead or not. You can’t forget that there was strong talk that Comcast and AT&T were conversing  for a deal between NBC Universal and Warner Media. But that kind of stalled and did not move ahead. Now, Discovery looks to have beaten NBC Universal to the punch. The days ahead will tell us if it results in a knockout or not.