Introduction
Sports have been an integral and important part of Indian Society since ancient times. Historically, sports were considered to be a source to maintain fitness and health. It also extended beyond physical activity, with games like chess enhancing mental sharpness. Today, however apart from the motive of maintaining health, Sports is a huge source of entertainment around the globe. The emotions of, joy, enthusiasm, sadness and many other emotions can be witnessed among the passionate spectators during a sporting event. This widespread passion among the masses combined with ideas capitalism has led to commercialization of Sports. In this process of commercialization, Broadcasters are the major players as they are one of the largest sources of Revenue for any sporting event. Moreover, Broadcasting is an important factor in popularizing the sporting event and helps it to reach wider audience. India, with a huge Sports Passionate population, is one of the largest markets for Sports Broadcasting.
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In India, Radio was the prominent medium of sports broadcasting till 1990's. Television sets were a rarity in Indian houses. However, with the advancements in technology, India opening up its economy in 1991 and rising living standard of Indian middle class led to Doordarshan, Public channel for live telecasting of sports events. At that time, it was the sole broadcaster for sporting events in India. But today, the landscape has changes significantly. The entry of numerous private Broadcasters has transformed the industry. Broadcasting rights for an event are now sold through auctions. The entry of Private Broadcasters for sporting events has led to high competition for acquiring the rights, leading to huge payments.
The Sports Broadcasting Signals (Mandatory sharing with Prasar Bharti) Act, 2007
The legislation is one of the most important in respect to regulation of sports broadcasting in India. The act made it mandatory for the Private Broadcasters, who have acquired rights, to share the live broadcasting signals with Prasar Bharti, the public broadcasting agency in India. It applies to sports broadcasting events of national importance and aims to ensure accessibility to a wider audience through public channels. The act strikes a balance between Commercial Interests and Public access to significant sporting event. The regulation also helps in promoting and ensuring that the event is within the reach of every section of diverse audience across the country and could be enjoyed by them.
Section 3(2) of the act specifies the revenue sharing mechanism between the private broadcasters and Prasar Bharti. For Television coverage, the revenue split is set at the minimum ratio of 75:25, favoring Private Broadcasters. For Radio Broadcasting, All India Radio, which is India's Public terrestrial radio broadcaster, has the monopoly over it. For Radio coverage, the ratio stands for 50:50. This framework ensures transparency and fairness in distributing advertising revenue generated during broadcasting events
Section 4 of the act prescribes the penalties and by the central government upto 1 Crore Rupees. Additionally, the punishment can also extend upto suspension or revocation of license, permission or registration, for violation of terms and conditions under Section 3 of the act.
While the act primarily addresses Broadcasting of sporting events of national importance but commercialization of Sports has further diversified the industry. There are many Private Sports league introduced which has expanded the scope of broadcasting. Indian Premier League (IPL) is its biggest example. In the last decade, there have been many private competitive sports league in India. Pro Kabaddi League for Kabaddi, Indian Super League (ISL) for football, Premier Badminton League for badminton is some of the examples. In addition to Indian Leagues, Indian Broadcasters have also acquired the broadcasting rights of international leagues or foreign sporting events like WWE, UEFA Champions league, National Basketball Association (NBA), FIFA World Cup etc. The introduction of new private sporting leagues and passion of India's population towards international sports events has opened new doors of opportunities for Broadcasters around the world which has led India being the one of the largest sports broadcasting market.
With continuous technological advancement, the scope of broadcasting has gone beyond traditional mediums like Radio and Television. In the recent times, OTT Platforms have also come into the picture of sports broadcasting domain. The increase use of smartphones and affordable data charges in India has fueled the popularity of OTT Platforms. Covid-19 pandemic and the lockdown period was a turning point, when a large part of population started to turn towards OTT Platforms. Now, the broadcasting rights for OTT platforms are sold separately in form of digital rights by organizers. Disney+Hotstar, SonyLiv and Jio Cinema are the major players in India. The shift signifies a new era of convenience and accessibility for sports fans.
Sports Broadcasting in India have come a long way, evolving from radio- centric coverage to a dynamic Industry to encompassing television, private leagues, international events and OTT Platforms. The passion for sports among Indian Audiences, coupled with technological advancements, has transformed the broadcasting landscape into a thriving market. As the industry continues to grow, balancing commercialization with inclusivity remains crucial to ensure that sports unite and inspire audiences across the country.
References:
https://www.ibanet.org/A-synopsis-of-sports-law-in-India
https://www.yourlegalcareercoach.com/sports-broadcasting-in-india-all-you-need-to-know/
https://blog.ipleaders.in/sports-broadcasting-law/
https://www.indialawjournal.org/archives/volume3/issue_2/article_by_Gaurang.html
The Sports Broadcasting Signals (Mandatory sharing with Prasar Bharti) Act, 2007.
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