Section 1003 in The Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act, 2007
1003.
Statement of Objects and Reasons.-The distribution of broadcasting signals of sporting events of public interest in India is characterised by a few dominant exclusive rights holders or broadcasters and distribution platforms. They acquire exclusive rights for all the available platforms including satellite and cable, terrestrial, Direct-to-Home and radio. Terrestrial platform, is exclusively owned by Prasar Bharati as of now and sports commentary has not yet been opened up for private FM broadcasters. The end result is that large numbers of listeners and viewers in India specially those who do not have access to satellite and cable television and most of which are in rural areas are denied access to these events.2. Hence the Government in its Downlinking and Uplinking Policy guidelines issued with the approval of the Cabinet, provided for mandatory sharing of sports signals of national importance with Prasar Bharati in order to provide access to the largest number of listeners and viewers, on a free to air basis, of sporting events of national importance whether held in India or abroad.3. Despite the fact that these executive guidelines have been issued with the approval of the Cabinet, they have been challenged in the Courts of law as lacking statutory sanction.4. During the recent India-West Indies One Day series, people could not watch the first match of the series due to BCCI's right holders' refusal to provided live feed to Doordarshan, the public broadcaster having reach up to 98% of Indian population and only network having terrestrial rights of broadcasting.5. For the reasons given above, it became necessary to promulgate an Ordinance, namely, Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Ordinance, 2007 with a view to give immediate effect to the proposal. The provisions made under the guidelines have been subsumed under the Ordinance to provide a statutory basis and strong legislative force with retrospective validity and to protect all the actions taken under these guidelines. The Ordinance further provides for notification of sporting events of national importance, which are to be mandatorily shared with Prasar Bharati. The Ordinance also empowers the Central Government to specify a percentage of the revenue received by Prasar Bharati to be utilised by Prasar Bharati for broadcasting other sporting events.6. The Bill seeks too replace the said Ordinance.[19th March, 2007]An Act to provide access to the largest number of listeners and viewers, on a free to air basis, of sporting events of national importance through mandatory sharing of sports broadcasting signals with Prasar Bharati and for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:--
