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GAME OF RIGHTS: DECODING SPORTS BROADCASTING LICENSES IN INDIA

  • Writer: Neetika Gandhi
    Neetika Gandhi
  • Aug 5
  • 5 min read

Introduction


In India where cricket is revered as a religion, and cricketing legends such as Sachin Tendulkar, Virat Kohli, et al are prayed next to gods, sports is much more than a mere source of entertainment- it is a cultural phenomenon. The popularity of this cultural phenomenon results in millions of Indians tuning into their television and OTT platforms to catch these sporting events live. A chief example of this is the TATA IPL (Indian Premier League) 2025 Final which had 169 million viewers tuning in on their TVs and 892 million views on the OTT platform JioHotstar[1], numbers unprecedented in India for any sports viewership. While the final of the ICC Champions Trophy 2025, saw peak concurrent viewership reach 122 million on TV and 61 million on JioHotstar[2]. These huge numbers have turned sports broadcasting into a fierce competition with the biggest names in media spending exorbitant sums to secure exclusive licenses. The commercial and legal dynamics governing these broadcasting rights involve a complex interplay of intellectual property laws, government regulations, and licensing strategies—all of which shape how, when, and where Indian audiences consume their favourite sports.

 

Although the sporting event in itself cannot be protected under the Intellectual Property Laws, the broadcasting, recordings of the event, commentary, team logos, and branding elements are protectable under the Copyright Act, 1957 and the Trade Marks Act, 1999. The ownership and licensing of these rights form the legal foundation of sports broadcasting in India.

 

Types of Licensing Arrangements


There are different kinds of licensing arrangements in sports broadcasting and they are driven by the commercial and territorial needs of stakeholders. The major types include:

 

1. Exclusive License

Grants a single licensee the exclusive right to broadcast the event in a specified territory or platform.

 

2. Non-Exclusive License

Allows the licensor to grant rights to multiple licensees, which is rare in high-value sports properties due to revenue dilution, but may become beneficial for emerging sports to increase their reach by being broadcast on several different platforms.

 

3. Sub-Licensing

A licensee may be permitted (contractually) to further license the rights to a third-party which can help in expanding the regional reach of the content.

 

4. Platform-Specific Licensing

Rights may also be split between linear TV, digital streaming, radio, and mobile platforms to enhance the revenue generated from each platform.

 

5. Territory or Language-Specific Licensing

Enables localization of content and tapping into regional markets.

 

Case Study: The IPL Media Rights


The India Premier League (IPL) being one of the most lucrative sports leagues in the world, has consistently attracted record-breaking bids for its broadcasting rights. The licensing arrangements since the time IPL began broadcasting in 2008 have undergone a significant transformation, with the shortening of the licensing period and platform-specific licensing and sub-licensing arrangements adopted by the broadcasters.

 

a. 2008-2017: Sony Pictures Networks

The initial broadcast rights for IPL were held by a partnership between Sony Picture Networks and World Sport Group. It was a ten-year contract valued at US$1.03 billion with Sony Pictures holding the domestic rights in India and  World Sport Group taking charge of international distribution[3].

 

b. 2017–2022: Exclusive Rights to Star India

Star India secured global media rights for five seasons of the IPL, wherein it acquired both TV and digital rights across regions, from 2017 to 2022 for approximately US$2.55 billion[4].

 

This was an exclusive license under which Star India retained the discretion to sub-license regional language rights and bundle access with telecom operators like Jio[5] and Airtel.

 

c. 2023–2027: Splitting the Pie

In a significant shift, the IPL broadcasting rights for 2023–2027 were sold platform-wise:

●                 TV Rights: Acquired by Star India for approximately US$3.02 billion[6].

●                 Digital Rights: Acquired by Viacom18 for US$3.05 billion[7].

 

Viacom18 thereafter sublicensed the digital rights to JioCinema, offering IPL matches for free for the 2023 edition. However, since 2024 the IPL media rights have been unified with Disney merging its Indian operation under Star India with Viacom18[8].

 

The Role of Prasar Bharati: Public Access and National Importance


While the big sporting events continue to generate immense revenue for broadcasting companies, public access for broadcasting events of national importance is ensured through The Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007. Under this law:


●                 Private broadcasters are required to share live broadcasting signals (without advertisements) of events designated as “nationally important” with Prasar Bharati (Doordarshan), the public service broadcaster.

 

●                 The list includes the Olympics, Asian Games, and matches involving the Indian cricket team in ICC events.

 

As per Section 3[9] of the Act, this obligation ensures that Doordarshan can air such events on its terrestrial and DTH networks, allowing free access to the public.

 

In Union of India vs. Board of Control for Cricket in India[10], the Supreme Court held that mandatory sharing does not extend to private cable operators carrying Prasar Bharti’s channels and was limited to Prasar Bharati's own terrestrial and DTH networks. This illustrates the fine balance between public interest and broadcaster exclusivity.

 

Challenges and Emerging Trends


●                 Piracy: Unauthorised streaming undermines exclusive licensing agreements. Rights holders often seek injunctive relief under the Copyright Act and there have been several instances where injunctions have been granted to prevent such unauthorised dissemination of live sporting events.

 

In the case of Star India Private Limited v. Magicwin.games & ors, the Delhi High Court granted a dynamic injunction, whereby not only the infringing websites, that were party to the suit, where restrained from streaming any part of the ICC events, specifically the ICC Men’s T20 World Cup 2024, on any electronic or digital platform in any manner whatsoever. But Star India was also given the liberty, during the ICC events, to communicate the details of any rogue websites that were discovered to be illegally streaming or communicating content over Star India had rights to the relevant authorities for issuance of blocking orders, and simultaneously to the ISPs for blocking the said websites, so as to ensure that these websites could be blocked on a real time basis.[11]

 

●                 Short-Term Licensing: The growing trend is towards a shorter license periods (2–3 years) to respond to changing tech and media habits and the prime example of the same is the IPL, which initially awarded broadcasting rights for a 10 year period shortening it to 5 years and now to a 4 year period.

 

●                 Emerging IP Frontiers: With the increasing digitisation, apart from traditional broadcasting and merchandising rights, metaverse participation rights, NFTs, and virtual highlights are flourishing as well.

 

Conclusion

The sports broadcasting scenario in India is rapidly changing. A key component of the industry's financial model is the legal structure of licensing agreements, whether they are exclusive, sublicensed, or divided across platforms. The IPL provides a strong example of how IPRs can produce exponential value when leveraged commercially and contractually. The public interest is also upheld by regulatory mechanisms such as mandatory sharing with Prasar Bharati.

 

The law must constantly evolve to ensure strong protection for rights holders while maintaining accessibility and fair competition in the broadcasting industry as technology and consumption patterns change.



References:


[7] Ibid

[9] 3. Mandatory sharing of certain sports broadcasting signals.–(1) No content rights owner or holder and no television or radio broadcasting service provider shall carry a live television broadcast on any cable or Direct-to-Home network or radio commentary broadcast in India of sporting events of national importance, unless it simultaneously shares the live broadcasting signal, without its advertisements, with the Prasar Bharati to enable them to re-transmit the same on its terrestrial networks and Direct-to-Home networks in such manner and on such terms and conditions as may be specified.

[10] SLP(C) Nos. 4574-4575 of 2015, Para 31

[11] CS(COMM) 490/2024

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