STAR SPORTS INDIA PRIVATE LIMITED Vs. PRASAR BHARATI
SUPREME COURT OF INDIA (FROM: DELHI)
Star Sports India Private Limited
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(1.) Leave granted.
(2.) The instant appeal is filed against the impugned judgment dated October 3, 2013 passed by the Division Bench of the High Court of Delhi in W.P. (C) No. 3611 of 2013 which was filed by the appellant herein. The appeal raises the issue regarding the scope of obligations of a Television Broadcasting Organisation under the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007 (hereinafter referred to as "Sports Act"). We may mention at the outset that under Section 3 of the Sports Act, a Television Broadcasting Organisation is prohibited from carrying the live television broadcast of a sporting event of national importance on cable or Direct-to-Home (DTH) networks in India, unless it simultaneously shares the live broadcasting signals, without its advertisements, with the Prasar Bharati (respondent No.1) to enable it to retransmit the same on its terrestrial and DTH network.
(3.) In view of the above statutory obligation, the appellant herein sharing the live broadcast signals with respodnent No.1 Prasar Bharati and there is no dispute about the same. The appellant, as a television broadcaster, is allowed to insert advertisements on its avenue and recoup its advertisements during a break in live play at various points during broadcast, such as, during breaks between overs in a cricket match, at the fall of a wicket, during drink breaks etc. These advertisements are not included while sharing the live broadcasting signals with Prasar Bharati. No dispute about this as well.;
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