MAM

TDSAT-TRAI ad cap: NBA finishes rejoinder

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/mam-images/2015/10/23/TRAI%20%282%29.jpg?itok=pFWerWJM

MUMBAI: It was day two of the News Broadcasters Association (NBA) submission of its rejoinders in the hearings on the proposed Telecom Regulatory Authority of India (TRAI) ad cap regulation. NBA counsel Anup Bhambhani clarified that it was untrue that channels had tried to suppress documents, as everything related to teleport licence is in the public domain and hence easily accessible to the regulator. Channels had individual teleport licences while others were uplinking through Bharti Airtel or Essel Shyam which made them the licensees and not the channels.

The counsel also pointed out that the TRAI had not informed the TDSAT that ads are of three types- commercial, social and programme promos. Not every ad is a paid ad and DAVP ad rates are also low.And the number of minutes of advertising does not take into consideration any of these facts; and hence is not reflected in these categories. He stated that the TRAI had gone overboard in describing the type, length and look of the adverts, in a consultation paper issued in 2012. And even though it was later dropped, it never had any mention of section 7 (11 )of the Cable TV Networks Regulation (CTN) act. Also, the proposed 10+2 regulation finally did not mention that TRAI was using section 11 of the TRAI act in order to enforce section 7 (11) of the CTN act.

According to the NBA counsel, the 7 (11) argument was very ingenious in order to defend the TRAI regulation which was previously never mentioned. Assuming TRAI can regulate, the intention while framing was not keeping in mind this regulation. He pointed out that the ministry of information and broadcasting (MIB) is the authority for the news channels and not the TRAI.

The NBA lawyer also clarified that the Bengal Cricket Association vs MIB and Doordarshan judgement does not apply to private broadcasters as is stated in para 79 of the case. Although the case was read against the channels, it claims that the argument that ?airways are public property? only applies when you are seeking a teleport licence for setting up a TV station. While thinking of granting a licence, Article 19 (1) of the Constitution that speaks about freedom of speech and expression, can be thought of but not after it has been granted.

Mentioning the Sakaal papers case, the NBA counsel said that that case was contended because page numbers were restricted and similarly in the case of TV channels also ad duration is being controlled. It also stated that there is no need to prove a loss because even if there is a prospect that there may be a shutdown due to the restriction then it is a violation of Article 19.

Another point argued was that when TRAI says it is laying down standards of quality under section 11 of the TRAI act, as per precedents it had itself set, it can only include technical aspects such as tariff regulation and never content. According to the NBA, duration is content.

Addressing the point that the amicus curiae had made, the NBA counsel presented data supporting the fact that channels' ad rates would need nearly 50 to 100 per cent increases, if losses due to lower air time are to be covered. To support the contention that TRAI only has recommendatory authority, the NBA lawyers pulled up SO 44 and 45 from the TRAI notifications which said "Broadcasting and cable services to be telecommunication services and showed that it is mentioned in it by the central government that TRAI only has a recommendatory function regarding duration of commercials."

SO 45E 1 b states ?Without prejudice to the provisions contained in clause (a) of sub-section (1) of section 11 of the Act, to make recommendation regarding (b) the parameters for regulating maximum time for advertisements in pay channels as well as other channels?.

Even though broadcasting has no correct definition, the NBA read from the TRAI explanatory memorandum 2012 where it mentioned broadcasting services to be ?dissemination of signals.'

Another argument was that TRAI couldn?t change a statutory law by changing 'per hour' to ?clock hour? and reporting authority as TRAI. Before coming up with the regulation TRAI didn?t even bother to serve a notice to broadcasters.

TRAI?s argument that it was for the benefit of consumers that the regulation is being framed was countered by the NBA saying that viewers need choice. If they wanted channels free of ads they should be ready to pay more for the service or else they have an option to switch channels. The channels said they are happy to consider it post DAS is implemented which according to a KMPG report will make subscription and advertisements a 50:50 affair.

A major point raised was the discrimination towards pay channels and bias towards the pubcaster Doordarshan which according to the NBA was also violating the regulation.

Tomorrow the music channels are expected to give their rejoinders.

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/12/goolge.jpg?itok=eZoR4aTU
Madison’s Hiveminds wins Google Premier Partner Awards 2018

Hiveminds, the newly acquired search specialist, digital agency of Madison World, has announced that it has won the Search Innovation Award for its work on Curefit, at the second edition of the Google Premier Partner Awards 2018, India.

MAM Media and Advertising Digital Agencies
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/12/coco.jpg?itok=eecXk1oP
COCO by DHFL GI bags DOD Award

DHFL General Insurance has announced that its insuretech brand – COCO has bagged the award for “Best Use of Digital Media in the Insurance Category”

MAM Marketing Brands
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/ulka.jpg?itok=8K5pFHOE
FCB Ulka wins creative mandate for Kurl-on

FCB Ulka has announced that it has won the creative mandate for mattress manufacturer Kurl-on. The agency will be looking after all the creative aspects of the brand including advertisements, serving from the Bangalore office.

MAM Media and Advertising Account
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/Sodexo-Zone-Startups.jpg?itok=szA3JzaM
Sodexo, Zone Startups launch enterprise foodtech program

Hospitality company Sodexo, in partnership with Zone Startups, has announced an Enterprise Foodtech Program—an initiative to work with Indian start-ups and closely connect with the local digital and innovation ecosystem to strengthen food offers for its clients and consumers.

MAM Marketing Brands
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/vistara.jpg?itok=gUZfgrV0
Presenting the Vistara Festive Sale with fares starting INR 999 all-in

Vistara, India’s finest full-service carrier, today launched a 24-hours only ‘Festive Sale’ with fares starting at INR 999 all-in. Sale fares are available for all three classes of travel (Economy, Premium Economy, and Business Class) at discounts of up to 80% relative to standard last-minute fares...

MAM Marketing MAM
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/amin.jpg?itok=7UTxKJlQ
Lux Golden Rose Awards’ 3rd edition supports #HeForShe campaign

The third edition of the Lux Golden Rose Awards (LGRA) was recently concluded in Mumbai, congregating Bollywood stars to extend their support for UN’s #HeForShe campaign.

MAM Media and Advertising Ad Campaigns
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/prity.jpg?itok=E5Mjvjz1
Priority Pass introduces 800+ offers for its Members

Priority Pass, the original and market-leading airport experiences program, has introduced offers, which give Members access to discounts at airports across the world through its app and website.

MAM Marketing MAM
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/valay.jpg?itok=3yGhkklk
Kalpataru Mandates NeoNiche to Design and Deliver Their Event Marketing Initiatives

NeoNiche Integrated Solutions Pvt. Ltd, a 360-degree experiential marketing agency, recently won the events mandate for Kalpataru Limited. The account was won following a multi-agency pitch.

MAM Marketing MAM
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2018/12/11/Irdeto.jpg?itok=eeQdSVXq
Irdeto and African Wildlife Foundation Join Forces to Hunt Down Wildlife Crime Online

AMSTERDAM: The African Wildlife Foundation (AWF) and Irdeto have partnered to combat poaching and wildlife crimes online. The illegal selling of animal parts is the fourth biggest illicit industry worldwide behind drugs, counterfeit goods and human trafficking. These wildlife crimes not only...

MAM Marketing MAM

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories