Broadcasting Act, 2001
|
Non-liability of transmission company and multiplex company for dealing with programme material. |
15.—For the avoidance of doubt, neither the transmission company nor the multiplex company shall— | |
(a) be under any duty to ensure that the programme material supplied to it, pursuant to arrangements under section 13 (1) or 14(1), complies with the enactments applied to the supply of such material by section 18 or with the codes and rules under section 19 , | ||
(b) be liable in damages for any infringement of copyright, other intellectual property rights or other legal rights of any person by virtue of having accepted a supply of programme material, pursuant to arrangements under section 13 (1) or 14(1), and dealt with the material in the performance of its functions, | ||
(c) be liable in damages for any infringement of copyright, other intellectual property rights or other legal rights of any person by virtue of having accepted a supply of data (other than programme material), pursuant to arrangements under section 13 (1) or 14(1), and dealt with the data in the performance of its functions, unless in so dealing with the data it has effective control over its content, | ||
(d) be regarded, for the purposes of the law of defamation, malicious falsehood or any other form of civil liability, as having, by virtue of accepting a supply of programme material, pursuant to arrangements under section 13 (1) or 14(1), and dealing with the material in the performance of its functions, published the material, or | ||
(e) be liable in damages to the holder of a contract referred to in section 13 (2) or 14(2) for the discontinuance by it in good faith under section 13 (2) or 14(2), as the case may be, of any arrangements under section 13 (1) or 14(1) in respect of that contract in circumstances where the contract was not lawfully terminated or had not, in fact, expired or had expired but had, in fact, been renewed at the date of the notification by the Commission under section 13 (2) or 14(2). |