The Secretary, Ministry Of ... vs Cricket Association Of Bengal & ... on 9 February, 1995
decision or obstruct the same except on reasonable grounds mentioned under Article 19 [2] of the
Constitution. In the event the entity chooses to televise its own events, the terms and conditions for
televising such events are to be negotiated by it with any party with whom it wishes to negotiate.
There is no law, bye-law, rule or regulation to regulate the conduct of the BCCI or CAB in this behalf.
In the event. BCCI chooses to enter into an agreement with an agency having necessary expertise
and infrastructure to produce signals, and transmit and televise the event of the quality that
BCCI/CAB desires, the terms and conditions to be negotiated with such an entity, are the exclusive
privilege of BCCI/CAB. No department of the Government and least of all, the MIB or DD is
concerned with the same and can deny the BCCI or CAB same, the benefit of such right or claim,
much less can the MIB or DD can insist that such negotiation and finalisation only be done with it or
not otherwise.
63. In the event the BCCI or CAB wishes to have the event televised outside India, What is required
is that the required cameras and equipments in the field send signals to the earth station which in
turn transmits the same to the appointed satellite. From the satellite, the picture is beamed back
which can be viewed live by any person who has a TV set and has appropriate access to receive
footprints within the beaming zone. In such case DD or the Ministry of Communications is not to
provide any assistance either in the form of equipments or personnel or for that matter, in granting
uplinking facility for televising the event.
64. It is further that the right to disseminate information is a part of the fundamental right to
freedom of expression. BCCI/CAB have the fundamental right to televise the game of cricket
organised and conducted by them for the benefit of public at large and in particular citizens of India
who are either interested in cricket or desire to be educated and/or entertained. The said right is
subject only to the regulations and restrictions as provided by Article 19(2) of the Constitution.
65. 65. At no other stage either the DD or MIB stated that reasonable restrictions as enumerated in
Article 19 [2] arc being sought to be imposed apart from the fact that such plea could not have been
taken by them in the case of telecasting sports events like cricket matches. It is urged that the sole
ground on which DD/MIB is seeking to obstruct and/or refuse the said fundamental right is that the
DD has the exclusive privilege and monopoly to broadcast such an event and that unless the event is
produced, transmitted and telecast either by DD itself or in collaboration with it on its own terms
and conditions and after taking signal from it on the terms and conditions it may impose, the event
cannot be permitted to be produced, transmitted and telecast at all by anybody else.
66. It is also urged that there is no exclusive privilege or monopoly in relation to production,
transmission or tele- casting and such an exclusivity or monopoly, if claimed , is violative of Article
19 [1] (a).
67 The BCCI and CAB have a right under Article 19 [1] (a) to produce, transmit, telecast and
broadcast their event directly or through its agent. The right to circulate information is a part of the
right guaranteed under Article 19 [1] (a). Even otherwise, the viewers and persons inter- ested in
sports by way of education, information, record and entertainment have a right to such information,
knowledge and entertainment. The content of the right under Article 19 [1] (a) reaches out to protect
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