Entertainment Law: An Overview
Entertainment industry is having major role in economic growth of the country. In India, Entertainment industry is at its boom. Indian film industry is marking it’s presence allover in the world. Before independence the British government has passed various laws to regulate the media and entertainment industry and since independence these laws were amended, substituted and replaced by the parliament of India.
The parliament of India has also enacted various new laws to regulate the Entertainment industry.
The rights of media and entertainment industry emerge from Article 19 (1) (a) of Constitution of India. Article 19 (1) (a) guaranteed the freedom of speech and expression. However, the right is subject to the reasonable restriction under Article 19 (2) of Constitution of India.
Article 19 (2) read as:
Nothing in sub clause (a) of clause ( 1 ) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.
Entertainment Law has legal field which comprises of:
1. Advertising
2. Broadcasting
3. Censorship
4. Confidentiality
5. Defamation
6. Copyright
7. Freedom of Information
8. Internet
The Cable Television Networks Regulation Act, 1995
The principal purpose of The Cable Television Networks Regulation Act, 1995 was to introduce regulatory certainty to the cable industry. The statement of objects declared that cable TV constituted a ‘cultural invasion’ as cable programs were predominantly western and alien to Indian culture and way of life. It declared that the lack of regulation had resulted in undesirable programs and advertisements being shown to Indian viewers without any censorship that cause bad impact on the viewers. Uncensored programs and advertisement spoil the mind set of the children.
The purpose and objective behind the enactment of The Cable Television Networks (Regulation) Act, 1995 was to regulate the operations of cable television networks so as to bring uniformity in their operations, avoid undesirable programs from being made available to the viewers as well as to enable the optimal exploitation of the technology which had the potential of making available to the subscribers a vast pool of information and entertainment.
The Cable Television Networks (Regulation) Amendment Act, 2011
The Act mandating all cable operators to provide programs of all channels, including free-to-air (FTA) channels, in an encrypted form through Digital Addressable Cable Systems in a phased manner at specified areas from specified dates to be notified by the Central Government. It also made mandatory that any such notification should give at least 6 month time to the cable operators for being able to install the necessary digital equipment for migration and educate the subscribers with the same.
Prasar Bharati (Broadcasting Corporation of India) Act, 1990
The Act received presidential assent on September 12, 1990. The Act provided the formation of an autonomous Broadcasting Corporation that would manage Doordarshan and AIR, discharging all powers previously held by the Information and Broadcasting Ministry.
The Broadcasting Corporation inherit the capital assets of Doordarshan and AIR and managed by a 15-member Prasar Bharati Board, including the Directors-General of the two organization and two representatives from amongst the employees. The Act provided that Chair and other members of the Board would be appointed on the recommendations of the selection committee headed by the Vice President and 15 members Broadcasting Council would address public complaints.
The primary duty of the Broadcasting Corporation was to ‘organize and conduct public broadcasting services to inform, educate, and entertain the public’ and to ensure ‘a balanced development’ of broadcasting of radio and television.
The Cinematograph Act, 1952
The Act has been enacted to make provisions for certification of cinematographed films for exhibition. Under this Act, the Board of Film Censor i.e. Central Board of Film Certification with advisory panels at regional centers is empowered to examine every film and provide certificate it whether for unrestricted exhibition or for exhibition restricted to adults.
The Board is also empowered to refuse to grant a certificate to film for public exhibition. The certification will grant in accordance with The Cinematograph Act, 1952, The Cinematograph (certification) Rules, 1983, and the guidelines issued by the Central government u/s 5 (B).
The films are certified under 4 categories which are as follows:
1. U – Unrestricted Public Exhibition
2. UA – Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years
3. A – Restricted to adults
4. S – Restricted to any special class of persons
Section 5B of the Act provides Principles for guidance in certifying films which read as:
1. A film shall not be certified for public exhibition if, in the opinion of the authority competent to grant the certificate, the film or any part of it is against the interests of the sovereignty and integrity of India the security of the State, friendly relations with foreign States, public order, decency or morality, or involves defamation or contempt of court or is likely to incite the commission of any offence.
2. Subject to the provisions contained in sub-section (1), the Central Government may issue such directions as it may think fit setting out the principles which shall guide the authority competent to grant certificates under this Act in sanctioning films for public exhibition.
The Copyright Act, 1957
Section 14 of the Act define Copy right as:
Meaning of copyright.—For the purposes of this Act, “copyright” means the exclusive right subject to the provisions of this Act, to do or authorise the doing of any of the following acts in respect of a work or any substantial part thereof, namely:—
(a) in the case of a literary, dramatic or musical work, not being a computer programme,—
(i) to reproduce the work in any material form including the storing of it in any medium by electronic means;
(ii) to issue copies of the work to the public not being copies already in circulation;
(iii) to perform the work in public, or communicate it to the public;
(iv) to make any cinematograph film or sound recording in respect of the work;
(v) to make any translation of the work;
(vi) to make any adaptation of the work;
(vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi);
(b) in the case of a computer programme,—
(i) to do any of the acts specified in clause (a); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme:
(ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme
Provided that such commercial rental does not apply in respect of computer programmes where the programme itself is not the essential object of the rental.
(c) in the case of an artistic work,—
(i) to reproduce the work in any material form including depiction in three dimensions of a two dimensional work or in two dimensions of a three dimensional work;
(ii) to communicate the work to the public;
(iii) to issue copies of the work to the public not being copies already in circulation;
(iv) to include the work in any cinematograph film;
(v) to make any adaptation of the work;
(vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clauses (i) to (iv);
(d) in the case of a cinematograph film,—
(i) to make a copy of the film including a photograph of any image forming part thereof;
(ii) to sell or give on hire or offer for sale or hire, any copy of the film, regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the film to the public;
(e) in the case of a sound recording,—
(i) to make any other sound recording embodying it;
(ii) to sell or give on hire, or offer for sale or hire, any copy of the sound recording, regardless of whether such copy has been sold or given on hire on earlier occasions;
(iii) to communicate the sound recording to the public.
Explanation.— For the purposes of this section, a copy which has been sold once shall be deemed to be a copy already in circulation.
The Copyright Act provides specific copyright protection to the Dramatic Work, Musical Work, Artistic Work, Cinematograph Films and Sound recording.
AUTHORITIES REGULATING THE ENTERTAINMENT INDUSTRY
i) Ministry of Information and Broadcasting –
Ministry of Information and Broadcasting is the highest body for formulation and administration of the rules and regulations and laws with respect to information, broadcasting, press and films. This Ministry is responsible for international co-operation in the field of mass media, films and broadcasting and interacts with its foreign counterparts on behalf of Government of India.
ii) Central Board of Film certification
Central Board of Film certification (CBFC) having headquarter at Mumbai. The board primary duty is to certify the films produced in India as well as outside the country suitable for public exhibition.
The Board gives four categories of certificates:
1. U – Unrestricted Public Exhibition
2. UA – Unrestricted Public Exhibition – but with a word of caution that Parental discretion required for children below 12 years
3. A – Restricted to adults
4. S – Restricted to any special class of persons
iii) Film Certification Appellate Tribunal
The Film Certification Appellate Tribunal (FCAT) is a statutory body, constituted under Section 5D of the Cinematograph Act, 1952 under the Ministry of Information and Broadcasting, Government of India.
The Tribunal adjudicates upon the appeals filed under Section 5C of the Act under which any applicant for a Certificate in respect of a film who is aggrieved by an order of the Central Board of Film Certification (CBFC), can file an Appeal before the Tribunal.
iv) Copyright Board
The Copyright Board has primary duty to adjudicate disputes pertaining to copyright registration, assignment of copyright, grant of Licenses in respect of works withheld from public, unpublished Indian works, production and publication of translations and works for certain specified purposes.