LexSTAR SPORTS INDIA PVT. LTD. versus PRASAR BHARTI & ORS.
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A 8 c D E F G H [2016) 3 S.C.R. 118 STAR SPORTS INDIA PVT. LTD. v. PRASAR BHARTI & ORS. (Civil Appeal No. 5252 of2016) MAY27,2016 [A.K. SIKRI AND PRAFULLA C. PANT, JJ.] Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 - ss. 3, 2 (b), 2(h) - Sports Broadcast Signals (Mandatory Sharing with Prasar Bharti) Rules, 2007 - rr. 5, 2(b), 3 - Mandatory sharing of certain sports broadcasting signals - Obligations of a Television Broadcasting Organisation - Scope of - Appellant shared live broadcast signal of a sporting event-world feed with Prasar Bharati - Inclusion of certain enhancing "features" such Hawk-eye, ball delivery speed reference, umpire naming graphics, player statistics, score cards, match summary graphics, replay graphics etc - Such features contained logos of the event sponsors known as "On-Screen Credits" - Logos of advertisers contained in the 'world feed' shared by appellant with Prasar Bharti, if amounts to advertisement - Held: Logos are commercials of the ~ponsors which would be treated as not on~v advertisements but commercial advertisements - Word 'its' in s. 3 cannot be given limited meaning by confining it to advertisements only of broadcasting service provider - Signals to be shared with Prasar Bharati by content rights owner or holder are to be the best feed that is provided to broadcast service provider in India and has to be 'free from commercial advertisements - ICC which included those advertisements/logos, the feeds have to be without those logos/ advertisements - If advertisements are also to be included in the signals, there has to be sharing of the revenue - When live broadcasting signal is shared containing advertisements, those advertisements have much larger viewership because of its telecast/ broadcast on Prasar Bharati, rei·enue thereof is to be shared between the Broadcaster and Prasar Bharti. Dismissing the appeal, the Court HELD: 1.1 It is not denied by the appellant that the logos 118 STAR SPORTS INDIA PVT. LTD. v. PRASAR BHARTI are of the event sponsors, known as 'On-Screen Credits' in industry parlance. The appellant has it'ielf shown the photographs. No doubt, such logos or On-Screen Credits may appear at the time of featuring replays like ball delivery speed and when a player gets out either when he is bowled, run out or caught or they are shown while depicting player statistics, scoreboard, match summary, graphs, etc. Nonetheless, these are the advertisements of the sponsors like Pepsi, LG, Fly Emirates, Reli.ance, etc. These sponsors have entered into arrangement for showing their logo on the occasions referred. It is also not in dispute that these sponsors pay for such On-Screen Credits. Insofar as such sponsors are concerned, their motive in giving these logos to be shown on Television is crystal clear, viz. it is intended to advertise their company names for commercial motives in mind. These arc, thus, commercials of the sponsors which would clearly be treated as not only advertisements but commercial advertisements. Once it is held that what is shown are advertisements, the question as to whether these advertisements are shown because of some arrangement between the organisers of the tournament and the sponsors or as a result of arrangement between the broadcasters, i.e. the appellant, and the sponsors is immaterial. Section 3 of the Sports Act does not make any distinction between the aforesaid two kinds of advertisements. What is prescribed, in no nncertain terms, is that sharing of the live broadcasting signal has to be without advertisements. [Para 27] [140-H; 141-A-D] 1.2 On a plain reading of Section 3 of the Sports Act, it is accepted that the obligation to share such sports broadcasting signals is upon the following persons: (i) content rights owner; (ii) content holder; and (iii) television or radio broadcasting service provider. Any of these categories of persons arc not allowed to carry a live television broadcast on: (i)' any cable or direct-to-home network; (ii) radio commentary broadcast in India, if such television broadcast or radio commentary broadcast happens to be of sporting events which is of national importance unless such content rights owner or content holder or broadcasting service provider simultaneously shares the live broadcasting signals with Prasar Bharati to enable Prnsar Bharati to re-transmit the same on its terrestrial networks a
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