Broadcasting Authority (Amendment) Act, 1993
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“Independent television programme”. |
5.—(1) In this Act “independent television programme” means a television programme made by a person who complies with the following conditions, namely— | |
(a) each of the following matters as respects the said programme is determined by him or by one or more persons on his behalf and over whose activities in respect of the determination of such matters he exercises control, namely— | ||
(i) the persons who are to participate in the said programme, | ||
(ii) the persons who are to be involved in the making of the said programme, and | ||
(iii) the equipment and facilities to be used in the making of the said programme, | ||
(b) he is not a subsidiary of a broadcaster, and | ||
(c) he is not a holding company of a broadcaster. | ||
(2) For the purposes of the definition in subsection (1) of this section, where— | ||
(a) two or more broadcasters hold shares in a body corporate or a holding company of a body corporate, or | ||
(b) each of two or more broadcasters (being shareholders in a body corporate or a holding company of a body corporate) by the exercise of some power exercisable by it without the consent or concurrence of any other person can appoint or remove a holder of a directorship of the body corporate or, as the case may be, the holding company, | ||
then, notwithstanding that the body corporate is not a subsidiary of any of the said broadcasters, the body corporate shall be deemed not to comply with the condition specified in paragraph (b) of the aforesaid definition if— | ||
(i) the total number of shares held by the said broadcasters in the body corporate or, as the case may be, the holding company, or | ||
(ii) the total number of directorships of the body corporate or, as the case may be, the holding company that the aforesaid powers of the said broadcasters may be exercised in respect of, | ||
is such that, were the said broadcasters to be regarded as one company, the body corporate would be a subsidiary of it, and | ||
(I) the Authority is one of the said broadcasters, or | ||
(II) there exists a business relationship between the said broadcasters that, in the opinion of the Authority, is of such a kind as is likely to result in the said broadcasters acting in concert with one another in exercising their rights under the said shares or in exercising the said powers. | ||
(3) For the purposes of subsection (2) (b) of this section a broadcaster shall be deemed to have power to appoint to a directorship in relation to which the condition specified in paragraph (a) or (b) of section 155 (2) of the Companies Act, 1963 , is satisfied and for this purpose references in the said paragraphs to the other company shall be construed as references to the broadcaster. |