Media & Entertainment

Media and broadcasting is one of the fastest growing sectors in India. Hello Counsel is rendering legal services in various aspects of media and broadcasting sectors. We have in-depth knowledge in all areas of broadcasting and media regulation. We advise our clients on issues ranging from pay-per-view contracts to digital copyright matters to the convergence of media and network technologies. We advise our clients on foreign investment in media sector and offer advice on media laws in India with regard to government regulations and policies relating to broadcasting. Our legal Team has an extensive experience in dealing issues related to the media and broadcasting sectors. We have assisted our clients in structuring of domestic and international strategic alliances, mergers, acquisitions, joint ventures and handling negotiations. We also represent our clients on regulatory matters. We handle claims for copyright infringement, intellectual property disputes, contract disputes and unfair competition claims. Our lawyers have extensive experience in a variety of matters crucial to the industry, including trademarks, patents, copyrights, transfer and acquisition of intellectual property, including high technology, trade secrets, licencing, employment matters, false advertising and rights of publicity. We provide general corporate advice including structuring and formation of new companies in the media sector and advice on tax matters.

Film Certification: Central Board of Film Certification (CBFC)- Under Cinematograph Act 1952; Concerned Ministry: Ministry of Information and Broadcasting; Headquarter- Mumbai; Regional offices- Mumbai, Kolkata, Chennai, Bangalore, Thiruvananthapuram, Hyderabad, New Delhi, Cuttack and Guwahati; The Regional Offices are assisted in the examination of films by Advisory Panels; Board consists of non-official members and a Chairman; Advisory Panels consists of non-official members; Examining Committee; Revising Committee; Film Certification Appellate Tribunal [FCAT]- Appeal under section 5C of the 1952 Act & headed by a retired judge as Chairperson and not more than four other members.

                                                                                                                                                           Judgments & Citations: Media & Entertainment

• Inter Media Publishing Ltd. Versus State Of Kerala, WP(C).No. 10727 of 2013, Judgment Dated: 23.06. 2015, Bench: A.Muhamed Mustaque, J, Kerala High court [Full PDF Judgment]- In This Case, Malayalam newspaper by name “Thejass” was denied Governmental advertisements on the ground of it propagating extremist ideology and thereby creating communal divisions in the Society at large- The Court held that the Indian Press has to maintain secular credential while discharging public function, their actions must be in conformity with secular values of the State as envisaged in the Constitution. – The Court further held that any attempt on the part of the Press to divide the people and country on the line of religious or communal hostility will have to be curbed by any responsible Government.

• Pankaj Butalia Versus Central Board Of Film Certification & Ors., WP(C) 675/2015, Judgment Dated: 25.05.2015, Bench: Rajiv Shakdher, J, Delhi High Court [Full PDF Judgment]- The judgments opens with what ‘Voltaire’ had once said and goes goes on to record in the same breath the issues raised before it in the following words, “1. The issues which this writ petition throws up, reminds me of what Voltaire said ages ago “I do not agree with what you have to say, but I‟ll defend to the death your right to say it”. 1.1 The writ petition has been filed to assert the constitutional right of freedom of speech and expression of a documentarian and his ilk, conferred under Article 19(1)(a) of the Constitution. The petitioner is the producer of the film, who is aggrieved by the order passed by the Film Certificate Appellate Tribunal (in short the FCAT), in appeal, as also by the order-in original passed by the Central Board of Film Certification (in short the CBFC).”.- The Court set aside the CBFC & FCAT orders after oberving as follows: “31. Having regard to the standards evolved by the court in judging the tenability of decisions taken by censoring authorities, I have no doubt in my mind, that the impugned decisions fall foul of the test referred to above. Therefore, the impugned decision of CBFC, as confirmed by FCAT, is set aside.”.- The Single Judge Order was impugned before the Division Bench [DB] of the Delhi High Court, the DB however declined to interfere holding interalia, “18. We, therefore, entirely agree with the conclusion of the learned Single Judge that the film in question shall be issued ‘U’ Certificate without deletions/excisions ordered by the Appellate Tribunal and the order under appeal to the said extent warrants no interference. So far as the insertion of the disclaimer is concerned, as already mentioned above, the respondent No.1/writ petitioner has agreed to insert the same.” [Full PDF DB-Judgment].

Kindly CLICK HERE, call our helpline at (+91) 98-712-712-05, or e-mail us at info@hellocounsel.com if you wish to talk to a lawyer or are facing any other Legal Issue and want to have Legal Consultations with the empaneled Lawyers at Hello Counsel.