MUMBAI: The Board of Control for Cricket in India (BCCI) and its official broadcast partner Multi Screen Media (MSM) will set up a monitoring agency for the 2013 edition of the Indian Premier League (IPL) to keep a watch on erring news broadcasters who flout news access guidelines.

The BCCI said that the usage of match footage by the news broadcasters shall be monitored by "such monitoring agency which may be appointed by BCCI-IPL and/or the Official Broadcaster from time to time".

The cricket board said that the news guidelines have been framed on the basis of and reflect settled law on the fair use principles laid down by the Delhi High Court in 2012.

Other channels which are not News Broadcasters and in particular sports channels are not permitted to use any match footage from the tournament, the guidelines clarified.

The guidelines say that news broadcasters will be allowed to broadcast a maximum of 5.5 minutes of fresh footage in a day on news programmes and/or special programmes strictly in accordance with the limitations contained in these guidelines.

An aggregate of no more than two minutes of fresh footage may be broadcast per hour of broadcast. A maximum of two repeats of fresh footage may be broadcast in any given hour of news broadcast in the news programmes or special programmes.

"For purposes of clarity, the fresh footage of two minutes per hour of news broadcast, as permitted may only be broadcast two times in that hour, and no further repeats of such fresh footage will be permitted," the news access guidelines read.

The guidelines also require news broadcasters to maintain a minimum 30-minute delay between the live telecast by the official broadcaster and the telecast of any fresh footage on news channels.

Additionally, all fresh footage must be broadcast "as is" without alterations or modifications and within 24 hours of the commencement of the match to which it relates.
Fresh Footage may be used for news reporting (which is result orientated) only and not for the purpose of analysis (by way of review or comments by experts, ex-cricketers, anchors, analysts or presenters).

Commercialisation of sports segments incorporating fresh footage by way of sponsorships and insertions of advertisements shall be considered a violation of the guidelines.

The guidelines allow news broadcasters to commercially exploit a news programme within which fresh footage is broadcast as a whole through normal advertising breaks usual in programming of news channels, provided always that no advertising, sting, logo, graphic and/or any other commercial (morphing) activity occurs immediately before, immediately after or during the Fresh Footage and no association is created, suggested or implied between the use of Fresh Footage and any third party brand or product.

News broadcasters may not include any advertising, sting, logo, graphic or any other commercial (morphing) activity carried immediately before, immediately after or during any ?player-of-the-day?, ?event-of-the-day?, ?image-of-the-day? or like feature relating to the Tournament, the guidelines specify.

The guidelines also disallow news broadcasters to use any fresh footage as part of news programmes, sports segments or special programmes which promote a third party brand or product by way of side screens, interview backdrops, by the anchors or analysts appearing in the programmes, or any other form of logo or product placement activity.

Carrying the name of the league and the logo, for example Pepsi IPL, is mandatory for news broadcasters in all their broadcast mentions.

The guidelines warn that "failure to abide by these conditions will amount to a violation of the copyright in the content (including the Fresh Footage) which may be actionable under applicable law by the BCCI-IPL and/or the Official Broadcaster".

News broadcasters can undertake live video streaming simulcasts of its news channels on the channel?s official website provided that the content being streamed on the channel website is the exact replica of the programme run on the news broadcaster?s news channel.

Notwithstanding the aforementioned, news broadcasters shall not display deferred or archived fresh footage, whether as part of news bulletin or otherwise, on their own official website or via their account or otherwise on a third-party video-upload site such as YouTube or Daily Motion.

MUMBAI: For the seven Indian promoters who had joined hands with Sony Pictures to set up Sony Entertainment Television India (now Multi Screen Media) in 1995, it is party time. The government has approved Multi Screen Media?s (MSM) Rs 5.45 billion foreign direct investment (FDI) proposal to buy out the stake of its Indian promoters.

The payment was to be made in stages, with $145 million coming at the closing of the acquisition by December-end 2012. The balance $126 million would be paid in three equal annual installments starting from the fiscal year ending 31 March 2014.

Sony Pictures Television (SPT), an indirect wholly-owned subsidiary of Sony Pictures Entertainment and also the parent company of MSM, had last year bought out the stake of the Indian shareholders in MSM for an agreed amount of $271 million.

Sudesh Mani Iyer, Sushil Shergil, Rakesh Agarwal, Jayesh Parikh, Raman Maroo, BR Sule and film actor Jackie Shroff are the seven Indian promoters who held almost 32 per cent stake in MSM through Grandway Global Holdings and Atlas Equifin.

The Foreign Investment Promotion Board (FIPB) gave its approval to MSM?s proposal.

Sony?s stake in MSM is a little over 94 per cent with the balance being with private equity firm Capital International.

MUMBAI: Multi Screen Media (MSM), Sony Pictures Television?s India subsidiary, has identified film production and distribution business as the company?s new growth area.

The plan is to first co-produce films before getting into projects independently. As part of this strategy, MSM has entered into a strategic tie-up with Eros International Media, India?s biggest movie production company.

MSM will co-produce and co-invest Shashant Shah?s Bhajathe Raho with Eros. The film currently under production is looking at a mid-year release. It will feature Tusshar Kapoor, Ranveer Shorey, Vinay Pathak, Ravi Kissen, Dolly Alhuwalia and others.

MSM CEO Man Jit Singh said that the film production business will be a separate line of business but housed under MSM. The film production business will be overseen by him and NP Singh initially, he added.

"We have been looking to enter the film production business in India for some time. We will produce a combination of big as well as medium budget films which are commercially successful at the box office," Singh told Indiantelevision.com.

Without divulging details about the investment plan for the film production business, Singh said that the satellite rights of movies produced by MSM will be open for sale to any broadcaster and will not necessarily be aired on the company?s Hindi movie channel, Max.

MSM COO NP Singh added, "As a major Indian television network, we are very happy to enter into this agreement with a leading Indian studio like Eros to develop and release high quality original Indian content to fans of Indian cinema across the world."

It needs to be noted here that Sony Pictures Entertainment had in 2007 entered into a film production and distribution deal with Eros.

Globally, MSM?s parent company Sony Pictures is a big player in movie production and distribution. Columbia TriStar Motion Picture Group (CTMPG), the motion picture arm of Sony, boasts of a library of with more than 3,500 titles.

Eros International Media MD Sunil Lulla said, "We are looking forward to the potential benefits that both entities will bring to the film with their combined strengths. By extending together our established networks to distribute Bhajathe Raho in India and international markets, we hope to give the film the best release platform."

Eros has off late been entering into various strategic tie-ups. It had recently entered into an agreement with HBO Asia to launch two ad free bi-lingual movie channels, HBO Defined and HBO Hits, in India.

On Tuesday, Eros announced that it had entered into an alliance with Endemol to co-produce three feature films as well as get into original programming for television.

MUMBAI: The Competition Commission of India (CCI) has slapped a fine of Rs 522.4 million on the Board of Control for Cricket in India (BCCI) for abusing its dominant position as the cricket?s defacto governing body in India while allocating franchise rights and international media and sponsorship rights for the Indian Premier League (IPL) in 2008.

The penalty amount has to be deposited within 90 days and directions contained in the CCI order also complied with within the same period.

The CCI had initiated the case on the basis of information filed by a Delhi resident Surinder Singh Barmi alleging irregularities in the grant of franchise rights, grant of media rights, award of sponsorship rights and other local contracts for the IPL.

The CCI had asked its Director General to investigate the allegations made by the complainant. Following a detailed investigation, the DG submitted the investigation report on 21 February last year.

The investigation report, the CCI said, was sent to both the parties seeking their responses on the same and full opportunity was given to both BCCI and the informant for perusal of all relevant records and making their submissions, both in writing and orally before the Commission.

The DG in his finding said that former IPL chairman Lalit Modi had used strong arm tactics to rig the bids for franchisee rights based on the show-cause notice issued by the BCCI to Modi after he was suspended from the cricket board on allegations of corruption.

The DG in his report also rejected BCCI?s submissions that Modi acted arbitrarily while taking these decisions by saying that the decisions were taken with the consent and approval of IPL governing council.

The report also found the base price of $50 million for the sale of franchises was prohibitory for other players. The BCCI, however, had contended that the decision was based on commercial expedience. It further submitted that bids were allowed by various companies as a consortium.

On the issue of grant of media rights to World Sport Group India (WSGI) and Multi Screen Media (MSM) aka Sony Entertainment Television (Set), the DG report noted that the first meeting of tender committee was postponed from 11 am to 1 pm in order to facilitate and allow WSG and Sony to form a consortium.

The DG report also said though Sony and WSGI had submitted the bids separately, they were facilitated to form a consortium and bid was entertained in the capacity of consortium. The CCI also felt that the 10-year period for media rights is very long and creates foreclosure of market.

The DG also questioned the BCCI?s decision to enter into a new agreement Sony within 11 days without any tender process and despite the fact that the agreement was terminated on very serious irremediable breaches. It also noted that a similar procedure was followed for granting new media rights and international broadcast rights for certain territories.

According to the DG, while the global title sponsorship rights were awarded to DLF for Rs 4.44 billion for five years through tender process the associate sponsorship rights were awarded to various companies for different period and amount without any tender process, based on discussions, negotiations and proposals.

The DG said that almost all the franchisees also admitted that BCCI has ?facilitated? the award of contracts to various vendors which was contravention of law.

"Thus, owing to regulatory role, monopoly status, control over infrastructure, control over players, ability to control entry of other leagues, historical evidences, BCCI is concluded to be in a dominant position in the market for organizing private professional league cricket events in India," the CCI concluded.

The Commission also held that competition is essentially for benefits to be widespread and the game of cricket and the monetary benefits of playing professional league matches must be spread out and not concentrated in a few hands or in a few franchisees.

"In a country of large young population more private professional leagues opens up more avenues for youngsters to play cricket, to earn a livelihood and to find champions where least expected. BCCI in its dual role of custodian of cricket and organizer of events has on account of role overlap restricted competition and the benefits of competition. The objective of BCCI to promote and develop the game of cricket has been compromised," the Order read.

The CCI also issued the following directions to BCCI:

i)to cease and desist from any practice in future denying market access to potential competitors, including inclusion of similar clauses in any agreement in future;

ii)to cease and desist from using its regulatory powers in any way in the process of considering and deciding on any matters relating to its commercial activities. To ensure this, BCCI will set up an effective internal control system to its own satisfaction, in good faith and after due diligence;

iii)to delete the violative clause 9.1(c)(i) in the Media Rights Agreement;

iii)The Commission considers that the abuse by BCCI was of a grave nature and the quantum of penalty that needs to be levied should be commensurate with the gravity of the violation. The Commission has to keep in mind the nature of barriers created and whether such barriers can be surmounted by the competitors and the type of hindrances by the dominant enterprise against entry of competitors into the market. The Commission has also to keep in mind the economic power of enterprise, which is normally leveraged to create such barriers and the impact of these barriers on the consumers and on the other persons affected by such barriers.

The BCCI had contended that it is a ?not-for profit? society for the promotion of the sport of cricket and its activities are outside the purview of the Competition Act. The Director General concluded in its report that though BCCI is a society and supposed to be a non-profit organization, its activities related to IPL where huge revenue is involved fall in the commercial sphere.