The Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Act, 2007

Summary of the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007
Key Provisions
1. Mandatory Signal Sharing: - Applicability: Live TV (cable/DTH) and radio broadcasts of national importance sporting events.
• Requirement: Content owners/providers must share signals (TV without ads) with Prasar Bharati.
2. Revenue Sharing: - TV: 75% to Content Rights Owner, 25% to Prasar Bharati.
• Radio: 50% split.
3. Prasar Bharati’s Revenue Utilization:
• A specified percentage used for broadcasting other sports events.
4. Penalties for Non-Compliance:
• Specified by the Central Government, including potential licence actions and fines up to ₹1 crore.
• Exemption: Pre-Ordinance (2005-2007) actions are exempt.
5. Regulatory and Legislative Provisions: - Central Government Guidelines: Authority to issue.
• Rule Making Power: For implementation, to be tabled in Parliament.
• Validation and Repeal: Previous guidelines validated; Ordinance repealed with savings.

Legislative History:

The Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Act, 2007

● Act Title - The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007

● Act Number / Year - 11 of 2007

● Act ID (India Code) - 200711

● Assent Date - March 19, 2007

● Enforcement Date - November 11, 2005

● Nodal Ministry - Ministry of Information and Broadcasting

Precedent & Historical Rationale

● Privatization of Sports Rights and Inaccessibility on Free-to-Air Networks - With the rapid expansion of satellite and cable television in India, private commercial broadcasters acquired exclusive telecast and commentary rights for major sporting events, particularly international cricket matches. Because the vast majority of the Indian population—especially in rural, remote, and socio-economically weaker regions—relied exclusively on the free-to-air terrestrial network and Direct-to-Home (DD Free Dish) platforms of the public broadcaster (Prasar Bharati / Doordarshan), millions of citizens were effectively excluded from viewing sporting events of national importance without expensive private pay-TV subscriptions.

● Statutory Signal-Sharing Architecture and Revenue Distribution - While the Union Government issued Downlinking and Uplinking Guidelines in November/December 2005 to mandate signal sharing, the guidelines faced legal challenges from private broadcasters questioning executive competence. The Act was formulated to provide dedicated statutory backing mandating that all content rights owners and broadcast service providers must simultaneously share live broadcasting signals (free of their own advertisements) of notified sporting events of national importance with Prasar Bharati, while establishing a statutory advertisement revenue-sharing ratio (not less than 75:25 for television and 50:50 for radio).

Parliamentary Trajectory & Enactment

● Formulation & Promulgation of Ordinance - Drafted by the Ministry of Information and Broadcasting; to ensure uninterrupted public telecast of the ICC Cricket World Cup 2007, the President promulgated The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Ordinance, 2007 (Ordinance No. 4 of 2007) on February 7, 2007.

● Parliamentary Passage - Introduced as a statutory replacement bill, The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Bill, 2007, by Information and Broadcasting Minister Priyaranjan Dasmunsi; debated and passed by the Lok Sabha on March 8, 2007, and considered and passed by the Rajya Sabha on March 9, 2007, during the Budget Session.

● President's Assent - Received the assent of the President of India (Dr. A.P.J. Abdul Kalam) on March 19, 2007, and was published in the Gazette of India on March 20, 2007.

● Enforcement - Enforced on November 11, 2005.

Sources - Parliamentary Debates (Lok Sabha & Rajya Sabha), The Gazette of India, India Code, and Ministry of Information and Broadcasting.