ISL_Module 7

MODULE 7

SPORTS BROADCASTING

INTRODUCTION

Television is the largest part of revenues for major sports for not only rich nations but other
nation too. Among these nations, the market structure for rights varies
due to different competition policies towards sports and television.1

The establishment of live streaming technology has quickly changed the way in which sporting
events are convey. The unapproved retransmission of live sports broadcast over the Internet has
become one of the main problem in sports media, where broadcasters have off track billions of
dollars’ worth of sports broadcasting contracts and sponsorship deals. The scale of this concern
has create serious harm, not only to sports rights-holders but to broadcasters also.

Broadcasting media is the allotment of audio and video content to scattered audience by audio
and video mass communications media. Some people are assigned to deliver the news to their
audience, they are called news presenter. There work is just delivering by reading the news
through different television channel and radio. Some are assigned to news writing and edit, they
are known as news writer and editor. People who work the backstage, they are the real member
because, without them, people don’t get the news and editor’s work is edit the news and final
touch up of the news that is broadcasting. They have also news head who is the head of whole
news department, sound system section, picture and voice record section, cameraman etc. also
they have reporters and they have to fearless because their work is a challenge. They work
fearlessly in the different situation and different weather. There work is collect the news and
lively present their news what is happening on time. In broad cast, there are four sections in news
room like national desk, international desk, sports desk and entertainment desk. In news room,
people who are working on news collector and news writer, they write and edit the news and also
they have to give the voice for the picture and video what they collect and for the appropriate

1 Chapters 10 and 11 of the Handbook of the Economics of Sport (2006), and Hoehn/Lancefield (2003)

news that will be live on television. In broadcast news, news has to be updated at any time and
important news will be live on time. There is a possibility of discussion as well and updating
frequently. . Broadcast media provide graphics, video and other content so easily they can
communicate with people. Broadcast journalism easily reaches targeted audience in quick time
and cheap. All The news is published immediately. On the other hand, print media is a mass
communication; it provides the news through printed form. We get the news everyday by the
daily newspaper. It is also updated news but we can get the news next day. Unlike broadcast
media, print media give the whole day’s news in next day and it only can read the literate people.
In Broadcast media, every class people and illiterate people can see the news and they can know
it from radio or television. In print media’s deadline depends on their collection of news. It’s not
updating frequently like broadcast media but it updates periodically and lives discussion
obviously not possible. Lokesh Duraiswami says, ‘Print Media journalism is the journalism
practiced in Daily , Weekly, Fortnightly, newspapers and Weekly , Fortnightly, Monthly
magazines. Print journalism involves reporting, Collecting, local News, Events, etc. to
newspaper to its readers. The main work of print journalism is to give news to the readers. Print
Media journalism also includes arts and entertainment, Education etc.2

Sound recordings shield recorded sounds, not only musical but also non-musical. It involve
recorded music, songs, audio books, sound effects, audio recordings of speeches &
interviews, audio podcasts, soundtracks etc. Radio broadcasts of sound recordings are secure
by a separate category. For example, when a song is played on the radio that song is defend as
a sound recording, but an additional & separate copyright is created in the broadcast. A
recording of a radio broadcast would be saved as both a sound recording and a broadcast.
Sound recordings and broadcasts may also involve underlying literary, dramatic or musical
works, alike a script, written speech or interview, book (e.g. to be read out loud as an audio
book), song lyrics, play, or sheet music. Written music, e.g. scores, has its own category with
its own essentials and limitations. Lyrics, transcripts and scripts of sound recordings are saved
under Literary Works. Each of the underlying works will have their own copyright and are saved

2 A Report on “Difference between Print media and Broadcast Media” Anika Tabassum, Accessed on August, 2018

separately. Sound Recordings are saved regardless of their format, e.g. mp3 or audio file, CD,
audio cassette or tape, vinyl record, reel to reel tapes, cartridges etc.3
In the TV broadcasting world, the worth of premium rights to sporting events shape them a
prized asset. The intrinsic nature of live sporting events means that they have the now
comparatively scarce appeal of immediacy, with exceptionally high value before and during the
event itself, rapidly diminishing thereafter. This reality has upraised the value of live sporting
event broadcasts above all others in the collection of TV advertising platforms – take, for
example, the English Premier League (EPL). The encouraging trade winds have, however,
pinched a threat to the horizon. As subscription rates high there is an increasing threat from
pirates adroitly brandishing advances in technology to illicit broadcast sports content to
consumers. Their motivation is the substantial rewards that can be reaped for bypassing legal
rights holders. Approximately one billion people watched the final match of the FIFA World
Cup last year, 900 million watched the opening ceremony of 2012 Olympics in London and, for
single match events, in excess of 110 million watched the Super bowl. These figures hint at the
platinum gains of advertising investment and subscription fees that can be made by those
prepared to operate illegally on a quest for revenues without getting the broadcasting rights. As
the sports rights market increases exponentially, evidence shows that the concern, which can take
several specific forms, is increasing at a significant rate globally, which recommend the
framework of laws and regulations – disabled by jurisdictional restriction in dealing with global
offenders – has in general struggle to keep up with detection and enforcement.4 Recently
concluded IPL season, it was discovered that more than 1, 700 unique URLs were telecasting
IPL illegally via 211 unique servers, 122 pirate streams, 51 hosting sites, and 23 infrastructure
providers. During 2010-2011, India had the highest rates of broadcast piracy in the Asia-Pacific
region, with total accumulated losses of $1.4 billion U.S. Dollars. The increasing online
consumption of sports in India, coupled with the availability of affordable pirate technologies

3 The university of Melbourne website, https://copyright.unimelb.edu.au/information/what-is-copyright/sound-
recordings-and-radio-broadcasts, Accessed on 29th April 2019.

4 A Guide to Piracy Protection for Sports Broadcasting Rights-Holders in the UAE, AL Tamimi & company,
Accessed on 2nd February 2016.

and online streaming devices such as Meerkat and Periscope, has led to an ever growing menace
of sports broadcast piracy. Despite these alarming statistics, India’s attitude towards broadcast
piracy has been lackadaisical. For instance, India has recurrently opposed the inclusion of online
signals in the proposed treaty for the protection of broadcasting organizations rights
(Broadcasters Treaty) despite the fact that a majority of the broadcast piracy – especially sports
broadcast piracy – takes place online.5

Among high-income nations, television broadcasting is an important source of revenues in all of
the most important professional sports. In the last few years the percentage of the revenue from
the major sports has grown to half or more for the largest nation in the world. If we see sports
like football in Europe – the percentage of the revenue growth has occurred only in the past ten
to fifteen years. Despite lucrative revenue flows, professional sports leagues view television with
some skepticism, worrying that broadcasts reduce attendance in the short run and overall fan
interest, through overexposure, in the long run.6 Government officials show concerns about
sports broadcasting, worrying about whether pay-tv should be given right to capture the events
that historically have been broadcast on free to air stations, whether rights to team sports
should be sold by leagues or by teams, and whether a single buyer should be given
permission to acquire all of the rights to a major sport broadcasting. Different leagues
around the different countries have adopted different policies, rule and practices
regarding the sale of broadcast rights and the distribution of the revenues from rights fees
among their members these views reflect conflicting views about these issues

The Interaction between media and sport is a defining characteristic of global sporting events as
well as national and international championships in popular sports. Following a well mapped out
schedule of fixtures participants compete against each in the sporting sense but they do not
necessarily compete against each in a business sense. They have a joint interest in a carefully
planned fixture list that matches teams and individual athletes and creates attractive sporting
contests with an uncertain outcome. Tapping into viewers‟ interests for competitive races,

5 Online piracy of live sports in India, Seemanthani sharma, Accessed on 12th May 2018,
https://www.creativefirst.film/articles/online-piracy-of-live-sports-telecasts-in-india
6 Broadcasting and team sports, Roger G. Noll, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=992047
Accessed on February 2007.

matches and games, broadcasters are keen to capture this essentially ephemeral media product
which has the advantage of not having to be commissioned in the same way as other TV
programs. The relationship of the broadcaster with the producer is different for televised sport
than other genres (apart from news or live music events) where broadcasters go out to
commission programme either from within their organization or from independent producer and
face an uncertain likelihood of success with viewers and audiences. As a bonus, there are
highlights and other delayed rights that can be exploited over time. The choice of broadcaster
and broadcasting format is a major commercial decision, particularly in today’s world of multi-
channel TV. Several policy issues have been raised in the past that impact the outcome of media
rights negotiations and the contractual freedom of governing bodies.

HISTORICAL BACKGROUND

Most upper class citizens viewed sports as a vulgar hobby, Before William Porter’s Spirit of the
Times coverage of horse racing (and lower class boxing). According to sports author Tracy
Everbach, “Flamboyant sports writing in the era of yellow journalism attracted newspaper
readers and contributed to building a worldwide image of the United States as an economic,
political, and athletic power.”
After the Civil War, baseball rose in popularity. In 1885 first time Baseball players of the newly
established Major League created a players’ union . As per the agreement in late 1800s labor
unions, the players went on strike in 1889, asking for higher salaries. The 1920s ushered in the
daily sports page. Sports author Lawrence Wenner said, “A 1930s survey revealed that fully 80%
of all male newspaper readers read some portion of the sports page on a frequent basis.” In
accordance with the growing trend the Associated Press added a sports department during this
era. Facilitators of advertisement and promotional caught on to the money-making potential that
the new found dual product media market for sports provided. Evidence of payoffs by boxing
promoters to sports writers and editors existed. According to Wenner, “The close interaction
between sports promoters and sportswriters was at times so corrupt that it led to more than one
sportswriter to quit7”

7 Tom Malone, https://sportsandpr1.wordpress.com/2012/04/25/history-of-sports-media/ Accessed on 12th February
2019

Shift from Print to Radio

During 1929, one-third of American population had a radio, which gives opportunity for sports
publicity/advertisement. In the 1920s Graham McNamee became the first official sports
broadcaster with his so many error-filled blow-by-blow boxing commentary. During radio
shows, NBC and CBS dominated the radio scene after finding profit in selling advertisement
space. According to Wenner, “Advertisers soon began to purchase the right to broadcast major
sports events”. In 1934, the Ford Motor Company paid $100,000 to sponsor the World Series on
radio8.

Transition from Radio to Television

Television allowed sports media to grow exponentially. The National Football League became
American’s leading spectator sport due to its almost made-for-television excitement. Wenner
said, “In 1958, Bell permitted ‘television time-outs’ to increase the amount of revenue each game
could generate,”.

In 1962 when the CBS corporation paid the NFL $4.5 million for broadcasting rights, which
increased its Nielson ratings by 50 percent from earlier rating9.

New Media and Beyond

Sports news coverage discovered new aspects of distribution with online media. From the
different casual blogger to legitimate corporate websites, anyone with an Internet connection can
involve in the discussion through spatialization.

8 Ibid 9
9 Ibid 9

Due to its use as a media marketing goldmine, the sports industry has grown exponentially.
According to Raymond Boyle, (Sports author) “The sports industry now regularly involves
major media and financial institutions as well as government intervention10.”

Indian Prospective

At independence, India's first Prime Minister, Jawaharlal Nehru, placed the development of
television as a crucial issue on the national agenda. Following this, the growth of television in
India can be traced along two lines. First, there were technological innovations that may be
experimental television possible, ultimately leading to the current form of broadcast that includes
a combination of satellite connections, microwave links and colour broadcasts. At the same time
there were refinements in the variety of programmes on television as it graduated from an
educational medium of limited time to one that now includes a large range of programmes.11
Television came to India on September 15, 1959 with experimental transmission from Delhi. It
was a modest beginning with a make shift studio, a low power transmitter and only 21
community television sets. All India Radio provided the engineering and programme
professionals. A daily one-hour service with a news bulletin was started in 1965. In 1972
television services were extended to a second city—Mumbai. By 1975 television stations came
up in Calcutta, Chennai, Srinagar, Amritsar and Lucknow. In 1975-76 the Satellite Instructional
Television Experiment brought television programmes for people in 2400 villages in the most
inaccessible of the least developed areas through a satellite lent to India for one year. And after
that it goes on through process and through legal procedure.

BROADCAST PROCESS
Sports broadcasters are on-air personalities who focus on sporting events, from football to
baseball. They may work in a studio - where they report on all the different games throughout the

10 Ibid 9
11 Emerging Television Landscape in India, Accessed on 15th March 2019.
http://shodhganga.inflibnet.ac.in/bitstream/10603/15231/8/08_chapter%203.pdf,

day - or work as an announcer and cover a particular game doing play-by-play announcing. They
may work for television, radio and online networks.

Broadcasting of live sports involves the following stages:
1. Production of the event:

This involves installation of camera and other equipment at the sport arena to capture the live
images of the game, inserting graphics like score and the audio commentary. These feeds are
then bundled together and supplied by the producer to the uplinking team. Which latter is
interspread with local language commentary and commercial by a particular broadcaster12.
So basically clean feed means No onscreen graphics except maybe transitions, no
commentary, only atmospheric sounds. And video means Visual multimedia source that
combines a sequence of images to form a moving picture.

2. Uplinking:

The feed is taken from the producer and usually uplinked by the team manning the DSNG
van to the specified satellite. The producer or the uplinking team secures a deal with the
satellite and ensures that the signals are sent in an encrypted mode13.

3. Downlinking:

The contracted broadcasters, located anywhere in the world will be given the decryption code
and will be able to downlink the live feed to their own studios. Post downlinking, the
broadcaster insert its commercial and local content and then uplink it back for broadcasting
through its channel14.

12 Mukul Mudgal & Vidushpat Singhania, Law and sports in India, 2nd edition, Lexis nexis 2016
13 Ibid 14
14 Ibid 14

4. Broadcast:

The subscribers to the broadcaster channel will receive the live broadcast through either
cable, DTH or analog signals, which are downlinked and supplied to them15.

5. Internet:

Streaming rights, which is a rapidly evolving phenomenon, is usually provided to either the
broadcaster itself or to different entity. The internet right holder will also take the feed from
the producer and the supply it to its subscribers through net protocols16.

Methods of sports broadcasting
Broadcasting is a term that refers to a types of communication that shares contents such as video
and audio to receiving audience. Apparently, governments and broadcasters hesitated to
introduce the new systems because it will eventually replace all the receiver sets at homes and
such innovation in public broadcast standards would need major investments. Sports
broadcasting in India is basically done through:

a. Digital terrestrial television service
Digital Terrestrial Television (DTT) broadcasting permit the transmission of about ten or
more digital services in a single transmitter. In the digital terrestrial television (DTT)
broadcasting procedure everybody watches the same content at the same time and it
assure everybody the same high level of service.17

b. Satellite television service
There are so many un-identical uses for satellite technology (STS), and television
broadcasting is only one of them. In fact, communications satellites are also in used for
so many places like- maritime applications, intercontinental telephony, business systems,
and broadcasting television programming. In television, satellite is the trouble free way to

15 Ibid 14
16 Ibid 14
17 Digital Terrestrial Television (DTT) Service of Doordarshan, http://prasarbharati.gov.in/DD/DDdoc/dttfaq.pdf,
Accessed on 30th April 2019.

transmit a large number of services and thus a large range of choices across a large
region, thereby overcoming the need for the composite infrastructure of terrestrial
transmitters that a terrestrial network requires to broadcast its signals throughout a
country.18
c. Cable television channel service
Cable TV, sometimes called CATV, is an arrangement of providing the TV signal to
home receivers by way of a coaxial cable rather than over the air by radio wave
propagation. A cable TV company gather all the available signals and programs and
frequency-multiplexes them on a single coaxial cable that is supply to the homes of
consumers. A special cable decoder box is used to receive the cable signals, choose the
desired channel, and supply a signal to the TV set. Today, most TV reception is using a
cable connection instead of an antenna.19
d. Direct to home-DTH broadcasting service
The DTH technology authorize a broadcasting company to directly brace the signal to
your TV set through a receiver that is placed in the house. There is no need to install a
separate cable connection. In India, direct-to-home (DTH) Broadcasting Service means a
the distribution of multi-channel TV programmes in Ku Band by using a satellite system
by providing TV signals direct to consumer' premises. For direct to home (DTH)
connection the broadcasting company provides a set that comprises the dish and a
receiving set. The company beams an encrypted signal that only the set placed in your
household can receive and enable viewing.20
With rapid development of technology, new broadcasting platform and services are
emerging. Some new forms of technology used in broadcasting delivery are:

18 Satellite Television, Stylianos Papathanassopoulos,
https://www.researchgate.net/publication/265825354_Satellite_Television, Accessed on 30th April 2019.

19 CABLE TELEVISION AND DIRECT-TO-HOME TELEVISION SERVICES – A COMPARATIVE
ANALYSIS, http://shodhganga.inflibnet.ac.in/bitstream/10603/125337/14/14_chapter%208.pdf, Accessed on 30th
April 2019.
20 The Economic times, https://economictimes.indiatimes.com/definition/direct-to-home, Accessed on 30th April
2019.

1. Internet protocol television:- It involves using internet protocol for delivering and
viewing TV programs using high speed broadband technology.

2. Headend-In-the-sky:- It is a satellite based delivery platform for delivering multi-channel
television signals to cable operator in a digital form. A HITS operator uplinks signals of
TV channels of different broadcaster to the HITS satellite, which is then downlinked by
operators.

3. Mobile television:- Due to increasing penetration of mobiles, new regulations are being
mooted for mobile television service.

With broadcast now being predominantly digital, various technologies are emerging to
increase the quality of the sports broadcast. Some existing, new and emerging ones are
mentioned under:

• Standard-definition television:- It is not considered to be high-definition television
because It is a television system that uses a resolution.

• High-definition TV:- It is video of higher resolution and quality than the standard-
definition

• 3D TV: - By employing technique such as stereoscopic display, multi-view display,
2D-plus-depth, or any other form of 3D display that conveys depth perception to the
viewer

• Ultra-high-definition television: - It is also known as super Hi-vision, ultra HD
television, UltraHD, UHDTV, or UHD. It promise even clearer picture quality.

• Pay-per-view:- A subscriber can purchase a channel to view an event on television
from television service provider via private telecast, that’s why it can be called as pay
television service. Events that has been broadcasting on channel can also be
purchased through an on-screen guide, or an automated telephone system, or through
a live customer service representative21.

MEDIA LAWS OF INDIA

21 Ibid 9

There are so many laws that regulate the activity of media in India. Since the very beginning,
Laws related to the mass media have been there. In the time of the British era, many laws related
to the Press were enacted and were used to practice. After Independence, various Governments
have enacted many more media related laws through time to time. In today’s world Media plays
an important role in influencing the society and so it has been regulated and controlled by
various legislations enacted from time to time.

The Sports Broadcasting Signals Bill was passed from the lok-Sabha and became act on 8th
March 2007. The main aim of this act specify in its preamble i.e.:
“to provide access to the largest number of listeners and viewer, on a free to air basis, of sporting
events of national importance through mandatory sharing of sports broadcasting signals with
Prasar Bharati and for matter connected therewith or incidental there to22.”

The Sports Broadcasting Signals act 2007 has defines so many a terms under various section
such as:

Section 2(1) (a) defines a ‘broadcaster’ as:
“Any person who provides a content broadcasting service and includes a broadcasting network
service provider when he manage and operates his own television or radio channel service23.”

Section 2(1) (b) defines a ‘broadcasting’ as:
“assembling and programming any form of communication content, like signs, signals, writing,
pictures, images and sounds, and either placing it in the electronic form on electro-magnetic
wave on specified frequencies and transmitting it through space or cables to make it continuously
available on the carrier wave, or continuously streaming it in a digital data form on the computer
network, so as to be accessible to single or multiple user through receiving device either directly
or indirectly; and all its grammatical variations and cognate expression24.”

22 The Sports Broadcasting Signals Bill, Preamble
23 The sports Broadcasting Signals act 2007, Section 2(1) (a)
24 The sports Broadcasting Signals act 2007, Section 2(1) (b)

Section 2(1) (c) defines a ‘broadcasting service’ as:
“assembling and programming and placing communication content in electronic form on the
electro-magnetic wave on specified frequencies and transmitting it continuously through
broadcasting network or network so as to enable all or any of the multiple user to access it by
connecting their receiver devices to their respective broadcasting network and includes the
content broadcasting service and the broadcasting network services25.”

There are some section in copyright act 1957 which also deals with media law and defines some
important term. After the WTO agreement, the copyright act, 1957 was amended in 1994 to
incorporate some definition term under section 2(dd) and 2(ff), and the relevant provisions
relating to broadcasting reproduction rights in section 37, section 39, and section 39(A). The
Indian copyright act was further amended in 2012.

The definition of broadcast defines under section 2(dd) is as follow:
“Broadcast” means communication to the public—

(i) by any means of wireless diffusion, whether in any one or more of the forms of signs,
sounds or visual images; or

(ii) (ii) by wire, and includes a re-broadcast;

Section 2(ff) defines ‘communication to the people’:
“Communication to the public” means making any work or performance available for being seen
or heard or otherwise enjoyed by the public directly or by any means of display or diffusion
other than by issuing physical copies of it, whether simultaneously or at places and times chosen
individually, regardless of whether any member of the public actually sees, hears or otherwise
enjoys the work or performance so made available26.”

Section 37 of the Indian Copyright Act is as follows:

25 The sports Broadcasting Signals act 2007, Section 2(1) (c)
26 The Indian copyright act 1957, section 2(dd)

“Broadcast reproduction right.—
(1) Every broadcasting organization shall have a special right to be known as “broadcast
reproduction right” in respect of its broadcasts.
(2) The broadcast reproduction right shall subsist until twenty-five years from the beginning of
the calendar year next following the year in which the broadcast is made.
(3)During the continuance of a broadcast reproduction right in relation to any broadcast, any
person who, without the license of the owner of the right does any of the following acts of the
broadcast or any substantial part thereof,—
(a) Re-broadcast the broadcast; or
(b) Causes the broadcast to be heard or seen by the public on payment of any charges; or
(c) Makes any sound recording or visual recording of the broadcast; or
(d) Makes any reproduction of such sound recording or visual recording where such initial
recording was done without license or, where it was licensed, for any purpose not envisaged by
such license; or
(e) sells or gives on commercial rental or offer for sale or for such rental, any such sound
recording or visual recording referred to in clause (c) or clause (d)].]
Shall, subject to the provision of section 39, be deemed to have infringed the broadcast
reproduction right27.”

Section 39 of the Indian copyright act is as follows:
“Acts not infringing broadcast reproduction right or performer’s right. — No broadcast
reproduction right or performer's right shall be deemed to be infringed by—
(a) The making of any sound recording or visual recording for the private use of the person
making such recording, or solely for purposes of bona fide teaching or research; or
(b) The use, consistent with fair dealing, of excerpts of a performance or of a broadcast in the
reporting of current events or for bona fide review, teaching or research; or
(c) Such other acts, with any necessary adaptations and modifications, which do not constitute
infringement of copyright under section 5228.”

27 The Indian copyright act 1957, section37

Section 39-A of the Indian Copyright Act is as follows:
“Certain provisions to apply in case of broadcast reproduction right and performer’s rights.
(1)Sections 18, 19, 30, 30A, 33, 33A, 34, 35, 36, 53, 55, 58, 63, 64, 65, 65A, 65B and 66 shall,
with necessary adaptations and modifications, apply in relation to the broadcast reproduction
right in any broadcast and the performer's right in any performance as they apply in relation to
copyright in a work: Provided that where copyright or performer’s right subsists in respect of any
work or performance that has been broadcast, no license to reproduce such broadcast, shall be
given without the consent of the owner of right or performer, as the case may be, or both of
them: Provided further that the broadcast reproduction right or performer’s right shall not subsist
in any broadcast or performance if that broadcast or performance is an infringement of the
copyright in any work.
(2) The broadcast reproduction right or the performer’s right shall not affect the separate
copyright in any work in respect of which, the broadcast or the performance, as the case may be,
is made29.”

OTT Regulation

Over-the-top service (or OTT) is an internet application that may substitute or supplement
traditional telecommunication services, from voice calls and text messaging to video and
broadcast services.30 Services such as Skype, WhatsApp, Telegram, Hotstar, among others fall
under this category. The OTT services have been a bone of contention for many stakeholders
who feel that it is hitting their business interests.

A consultation was conducted to ascertain if services provided by the OTT players are in some
way similar to services provided by telecom service providers (TSPs) and whether the

28 The Indian copyright act 1957, section39
29 The Indian copyright act 1957, section 39A.
30 https://www.firstpost.com/india/trai-consultation-on-ott-regulation-ott-shouldnt-be-regulated-say-some-while-
telcos-call-for-sharing-of-infrastructure-investment-6514981.html accessed on 21st May 2019.

regulations like The Indian Telegraph Act, Licensing Regulations which are applicable to
Telecommunication Service Providers should be equally applicable to OTT service providers.

Telecom Regulatory Authority of India (TRAI), in its consultation paper, notes that the problem
with the definition arises when OTT applications provide multiple services.

Recently, Internet and Mobile Association of India (IAMAI) and video OTT streaming platforms
including Hotstar, Voot, Zee5, Arre, SonyLIV, ALT Balaji, Netflix and Eros Now, voluntarily
signed a self-regulatory Code of Best Practices, to conduct themselves in a responsible and
transparent manner.

The Cellular Operators Association of India (COAI), thus, wrote a letter to TRAI highlighting
the lack of regulation for OTT services while they offer similar services like calling and
messaging.

So India’s telecom regulator TRAI is working on the draft regulatory framework for over-the-top
(OTT) services operating in India, which is expected to be released in a couple of months.31

Overspill in Broadcasting and Revenue Losses

The exclusive right to broadcast which leads to commercial benefits is the reason why the
broadcaster invests in broadcasting. A single multi-national conglomerate lacks the capability to
cater the global demand and thus, the right to broadcast is licensed on a territorial basis to
specialist distributors in a particular region in order to reach the potential audience. This is where
the problem of overspill arises.

Overspill is the phenomenon when there is a reception of a satellite signal in a territory where the
signal is not intended to be received. The issue of overspill can be attributed to technology
associated with satellite broadcasting.

31 TRAI’s OTT Regulations Policy Still a Way Off, Dipen Pradhan https://inc42.com/buzz/trai-to-soon-float-
regulatory-framework-for-ott-rs-sharma/, Accessed on 30th April 2019.

Places like Bangladesh, Nepal, Bhutan are able to receive signal from the terrestrial broadcasts of
the Prasar Bharati.

GEO Super, the sports channel in Pakistan has the right to broadcast the IPL matches in Pakistan.
However, due to overspill, it can lose revenue.

Therefore, there exist a need to encrypt signals so that they are not received in unlicensed
territories.

Constitutional Provisions

Article 19 of our Constitution talks about the right to freedom and it enumerates certain rights
regarding individual freedom of speech and expression etc. These provisions are important and
plays vital role, which lie at the very root of liberty.

The Indian Constitution does not provide freedom for media separately. It gets derived from
Article 19(1)(a). This Article guarantees freedom of speech and expression. The freedom of mass
media is derived indirectly from this Article.

Article 19 of the Indian constitution state that:-

"All citizens shall have the right to freedom of speech and expression, to assemble peaceably,
and without arms, to form associations or unions, to move freely throughout the territory of
India, to reside in any part of the territory of India, to acquire hold and dispose of property and to
practice any profession or to carry on any occupation, trade or business.

However the right to freedom of speech and expression shall not affect the operation of any
existing law or prevent the state from making any law insofar as such law imposes reasonable
restrictions on the exercise of that right in the interests of the sovereignty and integrity of India,

the security of the State, friendly relations with foreign states, public decency or morality or In
relation to contempt of court, defamation or incitement to offence32”.

The freedom of the press, while not considered as a separate freedom under Fundamental Rights,
is wrapped up into the freedom of speech and expression. The Supreme Court has mark out this
freedom as the “ark of an agreement of democracy”.33

In the case of Secretary, Ministry of Information & Broadcasting v. Cricket Association of
Bengal (CAB)34 the Supreme court has considerably widened the scope and extension of right to
freedom of speech and expression and held that the government has no monopoly on electronic
media and under Article 19 (1)(a), a citizen has the right to telecast and broadcast to the viewers
through electronic media.

The government can impose restrictions on such a right only on grounds specified in clause (2)
of Article 19 and not on any other ground. State monopoly on electronic media is not mentioned
in clause (2) of Article 19.

Further, the Supreme Court has held that monopoly over electronic media is inconsistent with the
right to freedom of speech and expression.35 But Article 19(6) of the Constitution allows
monopolies in business activities. The Court held that this clause limits Article 19(1)(g)-the right
to trade and conduct business - but broadcasting, being a means of expression and therefore
covered by Article 19(1)(a), could not be monopolized, whether by the government or private
companies. It clarified that ‘Merely because an organisation may earn profit from an activity
whose character is predominantly covered by Article 19(1)(a), it would not convert the activity
into one involving Article 19(1)(g) (business, in which monopolies are not unconstitutional).’

MEDIA REGULATION

32 The constitution of India, Article 19(1) (a)
33 Bennett Coleman & Co. v Union Of India, AIR 1973 SC 106.
34 (1995) 2 SCC 161.
35 Secretary, Ministry of Info. & Broad. v. Cricket Association of Bengal, (1995) 2 S.C.C. 161, 224.

India’s media have grown exponentially in the past two decades. Since 1991, the electronic
media environment in the country has changed, From a handful of state-owned channels run by
the national broadcaster Doordarshan, a few radio stations including the BBC World Service and
Voice of America,. Foreign-owned channels and joint ventures from Star and NDTV to Zee and
MTV abound, and there has been speculation of raising the already high cap of 26% FDI in the
Indian media currently in place. Alongside with international and foreign channels and websites,
national, regional and local broadcasters have also developed exponentially, often owned and run
by Indian capital linked to powerful elite interests36.

If we can see outside India, there is currently no single Indian media body which oversees either
the content and ethics or the ownership of all of these diverse media platforms. Unrestricted
cross-media ownership in fact has at times raised red flags with government bodies. For
example, the Telecoms Regulatory Authority of India (TRAI) consultation paper of 2013 points
out some of the issues, that identify as crucial to maintaining media plurality alongside economic
growth. In India till date nevertheless, calls for strict regulation have been strongly resisted by
the media industry on the grounds that such regulation might-

(a) Interfere with freedom of expression and

(b) That self-regulation of the press or newspaper is sufficient to protect the interest of public.

However, a range of unethical and even illegal practices point out towards the urgent and
unavoidable need for strict, well-thought-out and sustainable regulatory mechanisms, codes and
frameworks37.

One of the important issues with intention to media regulation has been the question of the nature
of regulatory authorities. This has led to proposals for a Broadcasting Regulatory Authority of
India. In 2007, a Consultation Paper by the Ministry of Information and Broadcasting (I&B)

36 CA Rajkumar S. Adukia, < http://www.caaa.in/image/media_laws.pdf> Accessed on 16th February 2019
37 Ibid 33

sought views from stakeholders on the suggested draft of the Broadcasting Services Regulation
Bill. The suggested draft of the Bill is available on the website of the Ministry of Information
and Broadcasting (I&B). The Press Council of India (PCI), in 2012 also suggest that electronic
and social media be guide within its regulatory framework and the institution renamed Media
Council. Another issue that has received a great deal of awareness from various sources is that of
paid news. In its report on paid news dated 30.07.2010, the PCI suggested self-regulation on this
issue, and that the PCI be empowered to arbitrate complaints on paid news. In May 2013, the
Parliamentary Standing Committee on Information Technology (2012-2013) in its forty-seventh
report inspect issues related to paid news and suggested that either there be a statutory body to
glance into content from both print and electronic media or that the Press Council of India be
renovate with powers to tackle paid news and a similar statutory body be set up for electronic
media. The Committee note that there was a need to evolve a comprehensive definition of paid
news so that 'news' and 'advertisement' could be demarcated. The Committee noted that the
occurrence of Private Treaties gave height to Paid News and suggest tight enforcement of
existing guidelines and codes to bring transparency in Private Treaties.

Broadcast of Sporting events of national importance

According to the Sports Broadcasting Signals (Mandatory Sharing With Prasar Bharati) Act,
2007, no private rights holder can telecast a “sporting event of national importance” live in India
unless it simultaneously shares the signal – without any advertisements – with Prasar Bharati, so
that the public broadcaster can re-transmit the same on its own terrestrial network and direct-to-
home platform DD FreeDish.

Under this Act, Prasar Bharati is also not required to show the logo of the rights holder’s channel
and can create its own pre- and post-match programmes. The right holder also share 25% of its
television advertisement revenue with Prasar Bharti and in case of radio its 50% like the act
said38.

38 ‘Doordarshan To Broadcast Sporting Events Of National Importance’ 22nd October 2018
https://cricshots.com/doordarshan-host-sporting-events-national-importance/

The ministry claimed, in its own proposal, that viewers “who do not have access of these
network like DD FreeDish or Doordarshan’s terrestrial network are either unable to watch
sporting events of national importance or are compelled to watch these sporting events by paying
high price for sports channels and, thus, the very basic objective on which the Parliament had
enacted the Sports Act, has been defeated”39.

After spending so much amount of money on media right for broadcasting sports event
especially cricket, India’s private sports broadcasters such as the Star Sports network and Sony
Pictures Sports Network are unlikely to be happy with this kind of proposal40.

Popular Indian Premier League media rights had been acquired by the star India last year for five
year deal worth a record Rs 16,347 crore. Star India also purchased the media rights for the
Indian cricket team’s home matches till 2023 for a record Rs 6138.1 crore earlier this year41.

On regulation of government owned media, on 28.01.2013, The Ministry of Information &
Broadcasting constituted an Expert Committee for the purpose of reviewing the institutional
framework of Prasar Bharati including its relationship with Government. The Expert Committee
submitted its report on 24.01.2014 suggesting recommendations to make Prasar Bharati
administratively and financially autonomous of Government.

Supreme Court has held that Prasar Bharati can air the feed from private broadcasters, such as
Star India only on terrestrial network, Free Dish but not on Doordarshan channels carried by
cable operators and private DTH platforms.42

However, the Ministry of Information and Broadcasting has proposed an amendment to the
sports broadcasting act that India’s private broadcasters would not be very happy with. If the
amendment is accepted, Indian television viewers could soon watch sporting events of national

39 Ibid 37
40 Ibid 38
41 Ibid 38
42 Star Sports India Pvt Ltd vs Prasar Bharti & Ors.

importance, as stipulated by the Indian government, on public broadcaster Prasar Bharati’s
Doordarshan television network across all terrestrial and direct-to-home platforms.

International Broadcasting Legislation

In India, there are so many legislation enacted by the central government and different state
government to regulate Media sector. But all these legislation will implemented under the
jurisdiction of India. But here question arises, what about the outside jurisdiction of India? So
for this international legislation came into picture. There are so many act have been enacted for
the regulation of media sector like Dutch Media act etc.43

Article 81 of the European council Directive deal with competition and the power of an
enterprises to restrict such competition. Like that only there are so many provision of that
legislation deals with regulation of media sector across different countries44.

Conditional Access system

A conditional access (CA) system consist of a combination of scrambling and encryption to
prevent unauthorized interruption. Scrambling is the process of making the sound, pictures and
data unintelligible. Encryption is the method of secure the secret keys that have to be transmitted
with the scrambled signal in order for the descrambler to work. After descrambling, any defects
on the sound and pictures should be subtle, i.e. the CA system should be transparent45.

The primary purpose of a CA system for broadcasting is to determine which individual receivers/
set-top decoders shall be able to deliver particular programme services, or individual
programmes, to the viewers. The reasons why access may need to be confined include:

43 Ibid 14
44 Article 81, European council directive
45 EBU, < https://tech.ebu.ch/docs/techreview/trev_266-ca.pdf>, Accessed on 20th February 2019

• To impose payments by viewers who want to see particular programmes or programme
services;

• To put a limit on access to a particular geographical area because of programme-rights
considerations

• To make easy parental control.46

Functional model of a CA reference system

The model is loosely based on the Euro crypt conditional access system but its principles of
operation are expected to apply to CA systems generally.

Conditional Access Sub-System

A Conditional Access Sub-System (CASS) is a detachable security module which is used as part
of the CA system in a receiver. It is also possible to implement the security module in the
receiver itself, in which case each receiver will typically have its own secret personnel address.
Replacement of the CASS is one means of recovering from a piracy attack. Replacement of the
CASS also gives new features to be added to the system as and when they are developed or get
discovered47.

Entitlement Control Messages

The generation, transmission and application of Entitlement Control Messages (ECMs) – which
are used to recover the descrambling control word in the decoder. The ECMs are combined with
a service key and the result is decrypted to produce a control word. At present, the control word
is typically 60 bits long and is updated every 2-10 seconds. If the access conditions are to be
changed at a programme boundary, it may be necessary to update the access conditions every

46 Ibid 45
47 Ibid 46

frame, which is much more frequently than is required for security reasons. Alternatively, a
change in access conditions could be made frame-specific by sending out a change in
entitlements in advance and then instigating the change with a flag48.

Entitlement Management Messages

The card supplier supply the CASS (usually a smart card) and then the SAS forward the EMMs
over-air or by another route, e.g. via a telephone line. To protect the confidentiality of customer
information, it is best that the card supplier delivers the smart cards straight to the Subscriber
Management System (or another business Centre which guarantees confidentiality) for mailing
to the viewer49.

It is possible to supply the cards through retail outlets as well, provided the retailer can guarantee
confidentiality. In this situation, considerable care has to be taken if the cards have been
preauthorized by the SAS, because such cards will be a worthwhile target for theft.

Subscriber Management System

The reference model is completed by the addition of a Subscriber Management System (SMS),
which deals with the billing of viewers and the collection of their payments. The control word
need not be a decrypted ECM; it can be produce locally (e.g. from a seed) which means that the
control word could be changed very quickly from time to time50.

Common Interface

The European DVB Project has designed a Common Interface for use between the Integrated
Receiver Decoder (IRD) and the CA system. As shown in Fig. 8, the IRD contains only those
elements that are needed to receive clear broadcasts.

48 Ibid 46
49 Ibid 46
50 Ibid 46

The CA system is hold in a low-priced, proprietary module which communicates with the IRD
via the Common Interface. No secret conditional access data travel across the interface. The
Common Interface gives broadcasters to use CA modules which contain solutions/answer from
different suppliers, thus increasing their choice and antipiracy options51.
The reason why the CAS system was welcomed by the broadcaster was because the multi-system
operators were getting squeezed between the broadcaster asking for more payout and the last
mile operators, who were under quoting the number of subscriber with them. ‘The complexity of
implementing the CAS would only surface in 2003, when the massive investment requirement
and seeding of the CAS boxes came to the forefront. In 2002, it was seen by the MSO’s and
independent cable operator as a victory for them52’.

51 Ibid 46
52 Ibid 46