Recently a program broadcasted by a foreign television channel in India whose content was highly critical and certain segment of the society is criticizing this program. Can Indian government take action against this for

CS Professional · Intellectual Property Rights - Laws and Practices · PYQS · December 2020
Recently a program broadcasted by a foreign television channel in India whose content was highly critical and certain segment of the society is criticizing this program. Can Indian government take action against this foreign television company based in India under Chapter VIII?

Answer & Explanation:

Section 40A of the Copyright Act, 1957 provides that subject to the satisfaction of Central Government that a foreign country (other than a country with which India has entered into a treaty or which is a party to a Convention relating to rights of broadcasting organisations and performers to which India is a party) has made or has undertaken to make such provisions, if any, as it appears to the Central Government expedient to require, for the protection in that foreign country, of the rights of broadcasting organizations and performers as is available under this Act, it may, by order, published in the Official Gazette, direct that the provisions of Chapter VII shall apply: to broadcasting organizations whose headquarters is situated in a country to which the order relates or, the broadcast was transmitted from a transmitter situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India; to performances that took place outside India to which the order relates in like manner as if they took place in India; to performances that are incorporated in a sound recording published in a country to which the order relates as if it were published in India; to performances not fixed on a sound recording broadcast by a broadcasting organisation the headquarters of which is located in a country to which the order relates or where the broadcast is transmitted from a transmitter which is situated in a country to which the order relates as if the headquarters of such organisation were situated in India or such broadcast were made from India. Section 40A (2) of the Copyright Act also provides that the order so made by the Central Government may provide that: the provisions of Chapter VII shall apply either generally or in relation to such class or classes of broadcasts or performance or such other class or classes of cases as may be specified in the order; the term of the rights of broadcasting organisations and performers in India shall not exceed such tern as is conferred by the law of the country to which the order relates; the enjoyment of the rights conferred by Chapter VIII shall be subject to the accomplishment of such conditions and formalities, if any, as may be specified in that order; chapter VIII or any part thereof shall not apply to broadcast and performances made before the commencement of the order or that Chapter VIII or any part thereof shall not apply to broadcasts and performances broadcast or performed before the commencement of the order; In case of ownership of rights of broadcasting organisations and performers, the provisions of Chapter VIII shall apply with such exceptions and modifications as the Central Government, may having regard to the law of the foreign country, consider necessary. Similarly, under Section 42A of the Copyright Act has strictly ascertained that the Central Government has the power to restrict rights of foreign broadcasting organizations if it thinks that a foreign country hasn't provided adequate protection of rights to a broadcasting organization or the citizens of such country are not incorporated or domiciled in India under such provision. In view of the above, Indian Government shall have the right to suspend the permission of one or more permission holders in the public interest or for the sake of national security in order to prevent the misuse of their respective channels. The permission holders shall be obliged to immediately comply with the directives of the Government.

Topics: Copyright Law

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