AMENDMENT OF THE CABLE TELEVISION NETWORK CAN'T CONTROL PIRACY
The government of India is coming with an amendment in the cable Television Network which was introduced in the Lok Sabha.
According to the bill there is a mechanism for registration of all cable operators and central government empowers to appoint a registering authority for reviewing or granting registration. In my opinion there is no need to amend or to insert any provision for registration of all cable operators because it is already there. The government should provide a provision for registration of every channel which is not being registered/authorised/sanctioned i.e Video Channels, because at present the channels which got approval by the government for downlinking or uplinking are only registered. If we go to back in the history of the cable system we find that the only source for exhibiting or transmitting movies was the VCR for the cable operator in the form of a channel. Therefore a channel which is called a video channel through which the cable operator transmitting movies according to his choice or the choice of the subscriber is not registered with the government. This unregistered channel is the only accused for spreading piracy and creating a big hurdle for stopping piracy in the film industry. Not only this, this particular channel has become a source of unlimited earning of a cable operator because of the advertisements are exhibiting/ transmitting either along with the transmitting movies or on the transmitting movies. There is no stoppage or no control over the income coming through this unregistered channel.
Section 7 of the Cable Television Networks (Regulation) Act, 1995, directs the cable operator to maintain a register in the prescribed form indicating therein in brief the programmes transmitted or re-transmitted through the cable service during a month and such register shall be maintained by the cable operator for a period of one year after the actual transmission or re-transmission of the said programmes and Rule 6(3) of the Cable Television Networks Rules, 1994, giving direction to the cable operator that no cable operator shall carry or include in his cable service any programme in respect of which copyright subsists under the copyright Act, 1957, (14 of 1957) unless he has been granted a licence by owners of copyright under that Act in respect of such programme.
The above-mentioned provisions are mandatory but not being followed by the cable operator if the government strictly amends the penal provisions for not following the aforementioned section and rule that would be in the interest of the visual entertainment industry.
The bill would empower the central government to revoke or suspend a cable operator's registration if he violates the terms of registration. Our system for granting censor certificate to the films is almost collapsed. Due to failure of censor board almost films on video CD /DVD or in any other format contains nudity. For controlling this nudity section also the registration of video channel is necessary so that there would be a hammer on the head of the cable operator for suspend or cancellation of his registration.
There is a notification for exempting Doordarshan for getting any censor certificate for telecasting the movies, but there is no provision for the cable operators for transmitting any movie without having any censor certificate. Penal provisions for transmitting any movie without censor certificate or placing false censor certificate should mandatory.
Lack of penal provision or any provision for unregistered channel or unregistered video channel spreading the virus of pirated movies and huge loss to the government by not getting proper charges and loss of the government revenue by not getting the censor certificates on video CDs including the loss for the copyright owners whose films are being transmitted without having any licenses. There should be a check on the advertisements providers and the transmitters so that the exact revenue loss can be cross checked by the government.
Therefore the license or the registration for the unregistered video channel should mandatory for keeping control on piracy, violation of copyrights of the copyright owner and the loss of the government revenue.
Rajeev Sharma
LL.M.
Advocate Supreme Court LEGAL ADVISOR OF CABLE STAR COPY RIGHT INVESTIGATION
LL.M.
Advocate Supreme Court LEGAL ADVISOR OF CABLE STAR COPY RIGHT INVESTIGATION