Regulators

TV ad-cap case in Delhi HC deferred till Jan '18, Home Cable matter to come up too

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2017/10/11/delhi-high-court-800x800_0.jpg?itok=UatJHWI_

NEW DELHI: The Delhi High Court has again adjourned the hearing of the case of ad cap on television channels, this time to early next year, as the concerned bench was hearing part-heard matter.

On 21 April 2017, the matter, which will now be heard on 16 January, 2018, had been put off by the concerned bench for the same reason. Earlier, on 12 January 2017, it had been put of as the then Chief Justice G Rohini did not sit that day. The matter had come up today before the acting chief justice Gita Mittal and justice Jayant Nath.

In the hearing on 29 March 2016, a plea was made on behalf of the information and broadcasting ministry that a proposal was being contemplated to amend the relevant provision relating to limiting ads to 12 minutes an hour.

(Thus, the hearing has been pending for almost three years since then information and broadcasting minister Arun Jaitley in January 2015 had said at a public function that he did not see the need for any kind caps on the media.)

When the case comes up next, the court is also expected to take up an application by the intervenor -- Home Cable Network Pvt Ltd -- seeking vacation of the order that had stayed action against (ad cap rule) 'violating' television channels.

On 13 May 2016, the court had agreed to take up vacation of stay at the next hearing. The court had, on 11 February 2016, agreed to take up the application by Discovery Communications to intervene in the matter.

Earlier, on 27 November 2015, the court presided over by the chief justice had said the matter had been pending for sometime and, therefore, it would hear and conclude the case in the next hearing.

On that day, the MIB had informed the court that it was in talks with the News Broadcasters Association (NBA) and other stakeholders on the issue of the advertising cap. This was the first time that the ministry had put in an appearance in the petition filed by the NBA against the Telecom Regulatory Authority of India (TRAI) and others.

The case, filed by NBA and others against TRAI and the Union Government, had been adjourned from time to time on the plea that the government and the broadcasters are in talks on this issue.

The court has already directed that the order that TRAI would not take any action against any channel pending the disposal of the petition would continue to be in force. At an earlier hearing, the court had, at the regulator's instance, directed that all channels keep a record of the advertisements run by them.

The NBA had challenged the ad-cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels. Apart from the NBA, petitions had been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamorous, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.

Meanwhile, a separate petition filed in the high court by Vikki Choudhry and Home Cable Network, which too will be heard on the next date, seeks to charge MIB with dereliction of duties in taking action against the 'offending' pay TV broadcasters for violating the terms and conditions of the licenses/permission for uplinking and downlinking.

The court had in June last year asked the ministry to file its reply in four weeks in this matter. A notice was issued only to the ministry, although the petition also listed several other broadcasting companies as respondents.

Also read:   

TV adcaps case in Delhi HC deferred to 20 April

Cap on TV ads, challenge to stay 'action against channels' hearing put off

137 GEC and news pay channels violated ad cap rule in second quarter

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/19/MIB_2.jpg?itok=tMcbbWzx
MIB gives licences to 5 new channels

The Ministry of Information and Broadcasting (MIB) gave licenses to five new channels up until 31 December 2018. The channels are P Plus, PTunes, Living Travelz, Star Movies Kids and Star Movies Kids HD.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/17/trai_0.jpg?itok=XY9Xv2aC
TRAI asks Tata Sky to submit status report on tariff order implementation

Telecom Regulatory Authority of India (TRAI) has asked direct-to-home operator Tata Sky to file a comprehensive status report on the implementation of its new tariff regime.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/17/trai.jpg?itok=5F_RPi2d
Broadcasters to TRAI: No further regulation of OTT communication services

Major broadcasters including Star India, Sony Pictures Networks India (SPN), Times Network are clear they do not favour any further regulatory intervention on over-the-top (OTT) communication services. All three players have clearly depicted their view that OTTs should not be seen as a substitute...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/16/mib.jpg?itok=mtjpTiXE
MIB may nod in favour of self-regulation code for online video streamers

An upswing in online streaming platforms in India has drawn attention of authority as well as stakeholders on regulation.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/trai.jpg?itok=vFuNrC4V
Tata Sky vs. TRAI: Case, argued partly by DTH operator, adjourned to 23 January

DTH operator Tata Sky’s ongoing court battle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, has been adjourned by the Delhi High Court to January 23 with arguments being inconclusive.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/tele.jpg?itok=Ip-d1akD
MIB restricts eligibility for temporary uplinking for non-news events

In a fresh notice, the Ministry of Information and Broadcasting (MIB) has laid out a new norm for temporary uplinking applications for live coverage of non-news and current affairs TV channels. Now, only those channels and teleport operators that are already permitted by the MIB will be eligible to...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/prasar.jpg?itok=ImQO_1QL
Prasar Bharati to TRAI: OTTs streaming live TV should mandatorily carry all Doordarshan channels

Public broadcaster Prasar Bharati has suggested to the Telecom Regulatory Authority of India (TRAI) that certain norms be made mandatory for OTT providers, in order to bring them on a level playing field with TV broadcasters and not just limit their comparison to telecom service providers (TSPs).

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/12/traih.jpg?itok=c_pcaj_E
SC upholds licence cancellation of Digi Cable Network, SCOD 18 Networking

Cancellation of licences granted to two MSOs Digi Cable Network and SCOD 18 Networking has been upheld by the Supreme Court on security ground. Before moving to apex court the petitioners had approached the Bombay High Court where their pleas challenging the cancellation order by Ministry of...

Regulators Supreme Court
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/12/ZEEH_1.jpg?itok=XVHMEazi
Delhi HC orders Zee Hindustan to stop using Rajat Sharma's name in ads

Delhi HC has restrained Zee Hindustan from using the name of India TV editor-in-chief Rajat Sharma in any of its advertisements, stating that its latest ad campaign is prima facie illegal. It has directed the channel to remove any hoardings or ads that use Rajat’s name.

Regulators High Court

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories