Tag: vikki choudhry

Broadcasting is a natural monopoly and governed by the principles of public utility

The airwaves or frequencies are a public property. Their use has to be controlled and regulated by a public authority in the interests of the public and to prevent the invasion of their rights. Since the electronic media involves the use of the airwaves, this factor creates an in-built restriction on its use as in the case of any other public property.

The Hon’ble Supreme Court of India has also rightly held that the right to impart and receive information is a species of the right of freedom of speech and expression guaranteed by Article 19 (1)(a) of the Constitution. A citizen has a fundamental right to use the best means of imparting and receiving information and as such to have an access to telecasting for the purpose. However, this right to have an access to telecasting has limitations on account of the use of the public property

Whereas it’s a settled law that broadcasting is a natural monopoly and governed by the principles of public utility, which deal with the public at large under the license from Government to use the airwaves in fair manner

There are relevant laws enacted to protect interest of citizen’s  such as

The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act enacted in 2007. That aims to provide access to the largest number of listeners and viewers, on a free to air basis, of sporting events, which are of national importance through mandatory sharing of sports broadcasting signals with Prasar Bharati, the public broadcaster”

This is nothing but the adoption of well-established global regulation and practices adopted by all civilized nations, to protect the interest of its citizen’s with respect to, cultural rights, sporting events, etc. of national or international importance and use of airwaves in public good.

Citizens also have to collectively ensure compliances and periodically watch,  that these laws enacted in their interest are not being violated or ignored for some vested interest.

My representation dated 28.02.2018 in #PublicInterest   addressed  to the Secretary, Ministry of Information & Broadcasting and Ministry of Youth Affairs & Sports : –

Reference: News article published in various News publications in the first week of December 2017 “IPL 2018: STAR India may be asked to share live cricket feed with Doordarshan”…..The I&B ministry is working on a proposal to make IPL available on Doordarshan and has asked the sports ministry to weigh in on the matter….

VC Letter to Secretary MIB MYAS copy to Prasar Bharati 28.02.2018

COMMENTS AND SUGGESTIONS OF END-CONSUMERS OF TELEVISION SERVICES (THE PUBLIC AT LARGE) AND THEIR RESPECTIVE DISTRIBUTION PLATFORM OPERATORS (DPO)s i.e.  (distributor of television channels” or “distributor” means any DTH operator, multi-system operator, HITS operator or an IPTV operator;) on the proposed amendment of The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharti) Act, 2007.

Comments and Suggestions on Sports Act 2007 Proposed Ammendment by VC

Vertical Integration in Broadcasting sector in India

The media plays an important and multiple roles in society. The most obvious of these are collection and dissemination of information, communication and entertainment among the people. Further, through its reach to the people the media also transmits social and cultural values and serves as a medium of education Thus a major motivation behind the restrictions on cross media ownership is to preserve the diversity of media so that citizens have access to diverse viewpoints that enable them to have access to a wide variety of views and thereby participate fully in democratic process.

Various foreign countries including USA and Australia have very stringent regulation in media sectors including restriction in media sectors whether it is FDI and / or vertical /cross-media restrictions. In India the current sets of regulators for different forms of media are toothless in regard to handling an issue this complex. Hence, a comprehensive regulatory framework i.e. Broadcast Regulation Act is need of the day for media for oversight on potential anti competitive behavior and outcomes in a fast growing and technologically developing sector.

It is submitted that the issue of FDI to be permitted in India cannot be viewed in isolation as it is intrinsically linked with the investments permitted on a reciprocal basis to Indian companies overseas. Developing a strong multinational presence for an Indian company is dependent on what investment climate it faces in India as against what kind of investment opportunities are offered to Indian Companies for providing and undertaking similar services in other countries and acquiring similar assets overseas.

Hence, at the outset it is stated that the premises on which the liberalization of FDI regime and relaxing / removing cross media restriction is being planned to be considered in media sector (especially in News, DTH, HITS, etc.) is based on inadequate points and should be widened to include international trade issues, India’s commitments under GATT and WTO and the reciprocal offers, Indian companies receive in respect of FDI from various countries.

Detailed note on FDI in Broadcasting and Media in India by Mr.Vikki Choudhry