MISCELLANEOUSCentral

Section 6 of The Sports Broadcasting Signals (Mandatory Sharing with PrasarBharati) Act, 2007

(1)The provisions of the Guidelines issued by the Central Government for Downlinking of Television Channels on the 11th November, 2005 and for Uplinking from India on the 2nd December, 2005 for mandatory sharing of the sports broadcasting signals shall be deemed to be valid as if they have been issued under this Act.
(2)Notwithstanding anything contained in any judgement, decree or order of any court, tribunal or other authority, any action taken by the Central Government or the Prasar Bharati in pursuance of the Guidelines referred to in sub-section (1) shall be deemed to be and to have always been for all purposes in accordance with the law, as if the Guidelines had been validly in force at all material times and notwithstanding anything as aforesaid and without prejudice to the generality of the foregoing provisions, no legal proceeding shall be maintained or continued in any court for the enforcement of any direction given by any court or any decree or order which would not have been so given had the Guidelines been validly in force at all material times.

Summary

The provisions of the Guidelines for Downlinking of Television Channels issued on the 11th November, 2005, are deemed valid as if they were issued under this Act.
The provisions of the Guidelines for Uplinking from India issued on the 2nd December, 2005, are also deemed valid as if they were issued under this Act.
Any action taken by the Central Government or Prasar Bharati under these 2005 Guidelines is legally treated as always being in accordance with the law.
These actions remain valid even if there is a contrary judgement, decree, or order from a court, tribunal, or other authority.
No court can host or continue any legal case to enforce any court direction, decree, or order that contradicts the validity of these Guidelines.

Practical examples

1In January 2006, the Central Government directed a television station to share its signals under the November 11, 2005 Downlinking Guidelines. In 2008, a court case trying to challenge that direction was dismissed because Section 6 validates all such past actions.

2Prasar Bharati utilized shared sports signals in December 2005 under the Uplinking Guidelines. Even if a local court had previously ruled this action invalid, Section 6 overrides that court order and makes Prasar Bharati's actions legally perfect.

FAQ

1. What specific downlinking guidelines are validated by Section 6?

The Guidelines for Downlinking of Television Channels issued on the 11th November, 2005 are validated.

2. What specific uplinking guidelines are validated by Section 6?

The Guidelines for Uplinking from India issued on the 2nd December, 2005 are validated.

3. Can a person start or continue a lawsuit to challenge actions taken under the 2005 Guidelines?

No, the law states that no legal proceeding shall be maintained or continued in any court to enforce directions or orders that would conflict with the valid force of these Guidelines.

Test yourself

Q1.On what date were the validated Guidelines for Downlinking of Television Channels issued?

Q2.On what date were the validated Guidelines for Uplinking from India issued?

Q3.Whose actions are validated under Section 6(2) of the Act?

Q4.What is the effect of Section 6 on court judgements that conflict with the 2005 Guidelines?

Q5.Can a legal proceeding be continued in court to enforce a direction that contradicts the validated Guidelines?

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