ITV

Tag: Mandatory

  • SC rejects Star appeal on sharing sports signals with DD

    SC rejects Star appeal on sharing sports signals with DD

    NEW DELHI: The Supreme Court today upheld the contention by Prasar Bharati that enhancements embedded in the sports feed shared by sports channels with Doordarshan were commercial advertisements.

    Rejecting a special leave petition by Star India against a Delhi High Court order which had gone in favour of Prasar Bharati, The apex Court also held that the prohibition in Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007 (Sports Act) is not only against advertisements of the broadcast service provider but also those of the content rights owner and holder.

    The Court said the word ‘its’ in Section 3 of the Act refers to the the content rights owners, holder and broadcast service provider. Therefore it was immaterial as to who inserted the enhancements. Under the Act the signal to be provided had to be free of advertisements.

    The Sports Act is clear that live signals of sporting events of national importance have to be shared by the content rights owners or holders and broadcast service providers with Prasar Bharati without advertisements. Furthermore, a clean feed is to be provided.

    Prasar Bharati in its petition in the High Court had claimed that the feed being provided contained commercial enhancements. But Star took the plea that the commercial enhancements were not advertisements and the enhancements were in any case being inserted by International Cricket Council.

    Star also said the prohibition in Section 3 of the Sports Act was only against advertisements of the broadcast service provider (Star) and not those of the content rights owner (ICC). It claimed that the word ‘its’ in Section 3 of the Act only referred to the broadcast service provider and not the content rights owner.

    While senior counsel Abhishek Manu Singhvi had appeared for Star Sports, Prasar Bharati was represented by Attorney General Mukul Rohatagi.

    Taking up the case in Febuary last year, Justice Ranjan Gogoi and Justice Prafulla C Pant had said ‘we are of the view that the interim order passed earlier to the effect that the impugned order dated 4 February of the High Court shall remain suspended should continue until further orders.’

    The Court had at that time said it was ‘not inclined’ to consider the suggestion made by Star Sports that Doordarshan should set up an extra/special channel which has been contended by Prasar Bharati to be unviable and technically unfeasible within any reasonable period of time.

    On the second suggestion about ‘putting up a scroll to the effect that ‘the channel displaying the sports event (concerned ICC World Cup 2015 matches) is meant only for Doordarshan’, the Court said ‘acceptance of the said suggestion would be understanding the provisions of Section 3 of the Sports Act 2007 and Section 8 of the Cable Television Networks (Regulation) Act 1995 in a particular manner which is not warranted at this stage of the proceedings. We, therefore, decline to accept the said second suggestion advanced on behalf of the respondents.’

    Star India had in an additional affidavit at the time said that it was losing around Rs 290 crore every year by sharing its sports signals with Doordarshan and was expecting to lose around Rs 120 crore by sharing the telecast of the World Cup this year. (Under the Sports Act, the rights holder gets 75 per cent of the revenue from the telecast on DD which keeps the balance 25 per cent.)

    The Delhi High Court had declined to set aside the must carry clause as well as the Sports Act in its judgment.

  • SC rejects Star appeal on sharing sports signals with DD

    SC rejects Star appeal on sharing sports signals with DD

    NEW DELHI: The Supreme Court today upheld the contention by Prasar Bharati that enhancements embedded in the sports feed shared by sports channels with Doordarshan were commercial advertisements.

    Rejecting a special leave petition by Star India against a Delhi High Court order which had gone in favour of Prasar Bharati, The apex Court also held that the prohibition in Section 3 of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act 2007 (Sports Act) is not only against advertisements of the broadcast service provider but also those of the content rights owner and holder.

    The Court said the word ‘its’ in Section 3 of the Act refers to the the content rights owners, holder and broadcast service provider. Therefore it was immaterial as to who inserted the enhancements. Under the Act the signal to be provided had to be free of advertisements.

    The Sports Act is clear that live signals of sporting events of national importance have to be shared by the content rights owners or holders and broadcast service providers with Prasar Bharati without advertisements. Furthermore, a clean feed is to be provided.

    Prasar Bharati in its petition in the High Court had claimed that the feed being provided contained commercial enhancements. But Star took the plea that the commercial enhancements were not advertisements and the enhancements were in any case being inserted by International Cricket Council.

    Star also said the prohibition in Section 3 of the Sports Act was only against advertisements of the broadcast service provider (Star) and not those of the content rights owner (ICC). It claimed that the word ‘its’ in Section 3 of the Act only referred to the broadcast service provider and not the content rights owner.

    While senior counsel Abhishek Manu Singhvi had appeared for Star Sports, Prasar Bharati was represented by Attorney General Mukul Rohatagi.

    Taking up the case in Febuary last year, Justice Ranjan Gogoi and Justice Prafulla C Pant had said ‘we are of the view that the interim order passed earlier to the effect that the impugned order dated 4 February of the High Court shall remain suspended should continue until further orders.’

    The Court had at that time said it was ‘not inclined’ to consider the suggestion made by Star Sports that Doordarshan should set up an extra/special channel which has been contended by Prasar Bharati to be unviable and technically unfeasible within any reasonable period of time.

    On the second suggestion about ‘putting up a scroll to the effect that ‘the channel displaying the sports event (concerned ICC World Cup 2015 matches) is meant only for Doordarshan’, the Court said ‘acceptance of the said suggestion would be understanding the provisions of Section 3 of the Sports Act 2007 and Section 8 of the Cable Television Networks (Regulation) Act 1995 in a particular manner which is not warranted at this stage of the proceedings. We, therefore, decline to accept the said second suggestion advanced on behalf of the respondents.’

    Star India had in an additional affidavit at the time said that it was losing around Rs 290 crore every year by sharing its sports signals with Doordarshan and was expecting to lose around Rs 120 crore by sharing the telecast of the World Cup this year. (Under the Sports Act, the rights holder gets 75 per cent of the revenue from the telecast on DD which keeps the balance 25 per cent.)

    The Delhi High Court had declined to set aside the must carry clause as well as the Sports Act in its judgment.

  • Two new anti-Tobacco health spots for ‘Tobacco-Free Film Rules’ released under COTPA

    Two new anti-Tobacco health spots for ‘Tobacco-Free Film Rules’ released under COTPA

    NEW DELHI: Two new anti-tobacco spots titled ‘Child’ and ‘Dhuan’ have been released by the Health Ministry to be screened on movies and television whenever smoking scenes are depicted, even as studies have shown very little effect of government’s attempts to prevent smoking scenes.

    The spots have been released under the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (COTPA) rules and will be effective from today. These spots have been dubbed in 16 Indian languages for a pan India coverage. It is mandatory for cinema halls to prominently display these spots whenever smoking scenes are shown as part of the movie. These spots were released to media by Health Ministry Additional Secretary C K Mishra.

    Interestingly, studies undertaken by the Ministry in collaboration with the World Health Organisation after the promulgation of  “The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act” (COTPA) shows that while 76 per cent films were depicting tobacco use in 2003, this had increased to 89 per cent in 2006.

    Similarly, the percentage of the lead character shown smoking had gone up from 40.9 per cent to 75.5 per cent in these years, of the films which showed tobacco scenes. Tobacco brands/product placement and visibility also rose from 15.7 per cent to 41 per cent between 2003 and 2006.

    In 2003 before COTPA was enforced, the Ministry with the support of World Health Organization commissioned the study titled “Bollywood: Victim or Ally” to help develop a strategy to reduce smoking in films.  The aim of the study was to understand the extent to which movies impact youth’s lifestyles and the impact of portrayal of tobacco in Indian films

    In 2006, after COTPA 2003 banned tobacco advertisements of any kind, another study was commissioned to document changes in tobacco imagery in films.

     The anti-tobacco health spots and disclaimers are being provided by the Ministry under the COTPA Rules. Two spots ‘Mukesh’ and ‘Sponge’ depicting harmful effect of usage of smokeless and smoking forms of tobacco were used with effect from 2 October 2012.

    Speaking at the media launch of the two new spots, Mishra said since 2 October 2013 marks the completion of five years of implementation of smoke-free laws in India, the launch of these two spots, ‘Child’ and ‘Dhuan’,  reinforces the government’s emphasis on the issue of secondhand smoke and implementation of smoke-free policies in India. While the narrative at present is more on control on smoking, the Ministry will soon move towards the smokeless form of tobacco. He said that the ban on ‘gutka’ was a major achievement in the direction of banning the use of tobacco in the country.

    ‘Child’ and ‘Dhuan’  have been developed to warn about the health costs of smoking and second hand smoke and of the penalties to be faced by violating the smoke free law.  ‘Child’ focuses on the health risks of smoking and secondhand smoke, while ‘Dhuan’ especially models the behavior expected of business managers, advocates, enforcement officials, smokers and non-smokers. The spots have been developed by World Lung Foundation (WLF).

    COTPA was aimed at regulating consumption, production, supply and distribution of tobacco products, by imposing restrictions on advertisement, promotion and sponsorship of tobacco products; prohibiting smoking in public places; prohibiting sale to and by minors, prohibiting sale within a radius of 100 yards of educational institutions and through mandatory depiction of specified pictorial health warnings on all tobacco product packs.  

    Section 5 of COTPA prohibits all forms of advertisements, promotion and sponsorship of tobacco products.

    The 2006 study clearly established that tobacco imagery, including brand display had markedly increased in the wake of tobacco advertising bans in other media. Consequently, COTPA’s rules were refined in 2005 to meet the challenge of tobacco imagery in films. However, these rules could only be implemented from 2 October, 2012 after addressing all the implementation concerns of the Information and Broadcasting Ministry.

    As per the Rules all films and TV programmes certified/produced on or after 2 October, 2012 that depict tobacco product or its use must have a strong editorial justification explaining the necessity of display of tobacco products or its use (to the Central Board of Film Certification); anti-Tobacco Health Spot of 30 seconds duration each (beginning and middle); anti-Tobacco Audio Visual Disclaimer of 20 seconds duration each (beginning and middle); anti-Tobacco Health Warning as a prominent static message during the period of display of tobacco products or their use.

  • Nimbus seeks court protection on showcause notice

    Nimbus seeks court protection on showcause notice

    NEW DELHI: Following the issuance of a showcause notice by the information and broadcasting ministry to Nimbus Communications for failing to give live feed of cricket matches to Prasar Bharati, the broadcaster today urged the Delhi High Court to provide it protection from a possible cancellation of licence.

    However, Justice BD Ahmed, before whom the matter was mentioned this morning, said the broadcaster should raise the issue before the Division Bench that is already hearing two cases on the issue – one by Nimbus who own Neo Sports, challenging the Sports Broadcasting (Mandatory Sharing with Prasar Bharati) Ordinance 2007 and an appeal by Prasar Bharati against a single bench order permitting a seven-minute deferred telecast of the cricket matches.
    Justice Ahmed said: “It is improper for the single bench to pass any order when the matter is being heard by a Division Bench (headed by Justice Vikramajit Sen).”

    The ministry, in its notice issued on 13 February, had asked Nimbus to file its reply by this evening. Under the Ordinance, which was promulgated with retrospective effect, the Neo Sports channel can face cancellation of licence for violation of the Uplink and Downlink Guidelines issued in November 2005 and / or a fine up to Rs 10 million.