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Sports Broadcast Regulation and India

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Chapter Summary

As a concomitant to growth of professional sport, the Indian private sports broadcasting industry has witnessed significant legal activity in the recent past. A central issue considered has been the permissibility of exclusivity of carriage in contractual arrangements between sports organizers and private broadcasting corporations (PBC), to the exclusion of the rights of the national free-to-air broadcaster (FTAB). This chapter examines a number of legal issues connected with exclusivity of carriage arrangements of sports broadcasts. It outlines the justifications and attributes of "anti-siphoning" legislation, developed to counter exclusivity of carriage arrangements and certain (Indian) constitutional arguments, which can be made in its favour. It also provides a brief discussion on the dichotomy of treatment of such legislation in the United States and the European Union (EU), and its treatment under Indian municipal law. Finally, the chapter culminates with some suggestions for improving the quality of "anti-siphoning" regulation in India.

Keywords:anti-siphoning; European Union (EU); free-to-air broadcaster (FTAB); Indian municipal law; legal issues; private broadcasting corporations (PBC); sports broadcasting; United States



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