Summary
Mandatory sharing of nationally important sports broadcasts with Prasar Bharati authorised retransmission on its own terrestrial and DTH networks, not redistribution to cable subscribers through compulsory Doordarshan carriage. The Court strictly construed Section 3 of the 2007 Sports Act as curtailing content rights and held that Section 8 of the Cable Act did not enlarge that obligation. Independently negotiated acquisition of rights remained available.
Issues
- Whether compulsory carriage of Doordarshan channels enlarged the permitted use of sports signals mandatorily shared with Prasar Bharati.
Provisions considered
- Section 3, Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007The reproduced mandatory-sharing provision was strictly limited to retransmission on Prasar Bharati’s own terrestrial and DTH networks. (¶¶ 17, 28–31)
- Section 8, Cable Television Networks (Regulation) Act, 1995The reproduced compulsory-carriage provision did not enlarge the rights acquired through mandatory sports-signal sharing. (¶¶ 16, 27–29)
Held
- Section 3 curtailed content rights and was expropriatory in character notwithstanding revenue sharing. Its express limitation to Prasar Bharati’s networks could not be expanded by compulsory carriage notifications under another enactment. (¶ 28–29)
- The shared live feed could not be retransmitted to cable operators for their subscribers. Prasar Bharati’s independent power to negotiate purchase or acquisition of programme rights remained unaffected. (¶ 30–31)
- The precise copyright classification of a live match was unnecessary to decide; the Court acknowledged the content holder’s right without resolving whether the telecast constituted a cinematograph film. (¶ 26)
Result
All appeals dismissed; Delhi High Court judgment restricting use of the mandatorily shared feed affirmed.