Downlinking policy to check foreign channels

If the cabinet note on the downlinking guidelines framed by the ministry of information & broadcasting is accepted as it is, the private satellite channels in India may be in for a surprise.

For starters, the cabinet note on the downlinking guidelines has included a clause on coverage of live events of national importance. No private channel will be allowed exclusive coverage of such events, including sports events.

The proposed policy says that the telecast rights to any event declared to be of national importance by the central government will have to be shared with Prasar Bharati's terrestrial channel Doordarshan.

For instance, in case the government thinks that cricket matches are of national importance, by law the foreign channels will have to negotiate and share the rights with DD.

The cabinet note on the downlinking guidelines states that the two broadcasters "" DD and the private satellite channel which may be the rights owner of the event """" will have to negotiate mutually agreeable terms and conditions for sharing the event's telecast. In case they fail to do so, the government will appoint an arbitrator.

The policy is being drafted keeping in view the larger interest of the viewers who cannot pay for satellite channels or have access only to terrestrial TV. A similar law exists in the UK and Ireland where events of national importance are made available to the maximum number of viewers.

Besides, channels not uplinked from India will now have to be registered with the information and broadcasting ministry for a fee of Rs 10 lakh. The registration mandates that the advertising and subscription revenue is collected through the registered entity. Failure to comply will mean withdrawal of the registration certificate.

For registration, the I&B ministry will ask for channel details: the list of directors in the company, names of the shareholders, the nature and language of programming, the hours of transmission.

In fact, the channel will have to define its target audience and submit details of the manner of collection of subcription and advertising revenue and the manner in which the money will be repatriated.

The note states that the downlinking policy is necessary as there is no control over content on foreign satellite channels. Also, the guidelines will help the government verify the antecedents of the company in the interest of national security.

Proposed guidelines

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• Private channels must share rights to live events of national value with DD
• Foreign channels not uplinked from India to get registration certificate from the I&B ministry
• Must furnish details on their advertising and subscription revenue collection and repatriation