The Secretary, Ministry of Information v. Cricket Association of Bengal & Anr.

 


THE SECRETARY, MINISTRY OF INFORMATION V. CRICKET ASSOCIATION OF BENGAL

 

CASE NAME – The Secretary, Ministry of Information v. Cricket Association of Bengal & Anr.

CITATIONS: 1995 AIR 1236, 1995 SCC (2) 161

BENCH

1.     B SAWANT

2.     MOHAN

3.     P JEEVAN REDDY

 

INTRODUCTION ABOUT THE CASE

The Cricket Association of Bengal (CAB) hosted the sixth international cricket tournament in November 1993. This historic 1995 decision by India's Supreme Court on air concerns a dispute between the Department of Information and Broadcasting and the Bengal Cricket Association over whether or not the Cricket Association had the authority to award a special television broadcast in the private sector instead of Doordarshan. In response, the court is examining whether Doordardhan would enjoy his control over the development of global signals and should regulate their assets by telecommunications or broadcasting.

This disagreement occurred during the early days of economic liberation. This has led to the influx of independent media into economic freedom that had previously entered the AIR and Doordarshan state-owned media administration. The issue was also the origin of what area of ​​society and what body could be a large part of Indian society. Claims made against Doordarshan, Doordarshan argue that they have too many audiences reached and therefore a valid claim to do it alone in terms of broadcasting.

 

PROCEDURAL HISTORY

The Bengal Cricket Association, on March 15, 1993, wrote a letter to the Director-General of Doordarshan stating that the sixth international cricket tournament was scheduled for November 1993 as part of the diamond jubilee celebrations. Bengal Cricket Association and Doordarshan to distribute the nearest gift in two ways:

1. Doordarshan aims to produce 'Host Host' Signal 'and live broadcast of all tournament matches, or

2. Any other organization will create a ‘Host Broadcast Signal’ and Doordarshan will simply purchase the right to broadcast television in India.

The CAB has particularly emphasized that, in any case, foreign television rights will remain with the cricket association. CAB has agreed to the World Production Establishment (WPE), which represents the interests of Trans World International (TWI), on the rights to television broadcasts in all sports. The CAB raised the issue and said donations received abroad, including TWI, exceeded Rs 20 million. The CAB then came up with a set of suggestions.

§  The CAB has asked Doordarshan to submit a final decision on the matter before 21 October.

§  On October Doordarshan informs the phrases and a renewable response of 18 Modwhesho is not acceptable and DD has responded to the cab

§  On November 8, the CAB recorded an application for a summons to the Calcutta High Court, urging the respondents to be co-ordinated in order to facilitate television broadcasting and broadcasting of all sports and to provide all telecommunications and broadcasting offices.

§  On 15 November the DD filed an application for contempt of the high court against the CAB and another.

 

 

FACTS OF THE CASE

1.     The right to liberty is guaranteed by Art 19 (1) (a) of the Constitution Access to information is part of you and includes the receipt by telephone, Subject to the limits of the airwaves involved in this regulation of public authority, this limit falls below 19 (2).

2.     Cricket is a source of entertainment, the right to freedom of speech and expression also comes within the limits of 19 (1). The CAB and BCCI have the right to organize cricket matches in India with or without foreign teams. Applicants have the right to broadcast the games online by international organizations, claiming that it is a right under 19 (1) (a) and that the authorities must issue such a license.

3.     The defendant asserted that the airwaves were the property of the public and could not be used for personal choice and pleasure. 19 (1) (a) does not include the right of airwaves and is a public place. Not allowed as requested by the applicant.

 

 

Airwaves Public Property

Radio waves are a public asset and should be used to advance the public interest. Their use must be regulated and regulated by the public sector in order to benefit the public and prevent the violation of their rights. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. As the media is public, the State needs to ensure that it is used in a way that will enhance the freedom of expression of its citizens by ensuring diversity of views and opinions.

 

PROBLEMS

1.     Did the facilitator have the right to play in the air using an outdoor institution?

2.     Do public institutions regulate the production and distribution of landmarks or their rejection?

3.     Do wind waves or waves fall under a public domain or public property?

4.     Can a government agency like DD claim to be the broadcaster in charge of all events, whether the event is produced or organized by him or anyone else in the country?

 

ARGUMENTS

Argument of Ministry of Information and Broadcasting

·       Differences in the effect of the rights granted under section 19 (1) (a) to persons who wish the media to consider their views, including (i) broadcasters and (ii) editors. In connection with the event (iii) the viewer (IV) demands a television signal and a frequency connection produced elsewhere in India.

·       The broadcasters themselves cannot access it without a broadcasting license. There are no standard claims regarding broadcasting licenses. It should be used as a limited resource to provide maximum profit.

·       The right to watch television / radio is subject to certain environmental restrictions, but Section 19 (2) applies to governmental regulations. The purpose of the license is not to limit the presentation of ideas, but to control and order the rare resources by placing people who are not rich enough to control the media to ensure complete enjoyment.

·       Television dominance alone does not restrict the dominance of ideologies alone, otherwise, the fact that access to the media is through government officials violates Section 19 (1).

 

Argument of Cricket Association of Bengal 

·       The right to host a sporting event rests with the legal entity to which it belongs, in which case the legal entity is its member, including the Board of Control for Cricket in India and the Cricket Association of Bengal. The right to create an event includes the right to edit the event the way your company chooses. This includes the right to broadcast and not broadcast the event.

·       BCCI and CAB had the right to produce, broadcast, transmit the event, either directly or through an agent, under Section 19 (1) (a). The content of the rights under Article 19 (1) (a) is also sufficient to protect the viewer’s information. In this case, the viewer and producer had the right to broadcast the event. Given these two rights; the telecommunications bureau was obliged to allow the event to be broadcast.

·       Licensing under Section 4 of the Act is a regulatory measure and does not authorize the MIB to deny the Board of Control for Cricket in India/Cricket Association of Bengal a license to broadcast and broadcast sporting events or impose conditions unrelated to Section 19(2).

·       The Constitution does not provide for monopoly in section 19(1) (a). Therefore, Doordarshan cannot make the same claim, and Doordarshan’s claims of commercial interests or exclusive rights in the generation of signals cannot be grounds for refusal of approval under section 4 of the Act.

 

JUDGEMENT

1.     Radio waves and waves were to be considered public property. Their use must be monitored and regulated by government agencies for the benefit of the public and the prevention of their rights. Because social media involves the use of radio waves, this feature imposes restrictions on the use of radio waves as it does on other social media.

2.     The Supreme Court has found that the right to communicate and to receive information is a form of the right to freedom of speech and expression guaranteed by Article 19 (1) (a) of the Constitution. Citizens have a basic right to access information and to access television broadcasts for this purpose. Radio waves have contributed to law enforcement and can be monitored and controlled by government agencies. This restriction was imposed on the state of state ownership with respect to the use of social media in relation to the limits of freedom of speech and expression in accordance with Section 19 (2) of the Constitution.

3.     The Supreme Court has ruled that the federal government will immediately take steps to establish a private and public entity that represents all structures and interests of the public in order to regulate and regulate the use of radio waves.

4.     The Supreme Court stated that differences in opinion, opinion, and opinion cannot be guaranteed by a single individual, whether governmental or individual, party, or organization. “Private broadcasters are more likely to violate citizens' freedom of speech than the state-owned media, as stipulated in the law. The media should be controlled by the public, not the government. This mark is mentioned in Article 19 (1) (a)”of the constitution.

 

CONCLUSION

Knowledge is power. Knowledge is the basis of knowledge. It is not wrong to say that the information is directly related to authorization. Empowering the people in a democracy is essential for good governance.

There is an inseparable relationship between media freedom and social stability, that is, the stability of the national government.

The right to freedom of speech and expression includes the right to receive and communicate information. In order to ensure the citizen's right to freedom of expression, citizens must exercise different views and opinions in all public affairs. An effective democracy takes "informed" citizens. Private broadcasters are at greater risk for citizen free speech than for the state-controlled media. The media should be controlled by the public, not the government. This mark is mentioned in article 19 (1) (a). The law should present issues, ideas, and opinions in a balanced way, and should ensure the multiplicity and diversity of ideas and opinions.

 

 

 

 

 

 

 

 

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