TRAI ad cap: Broadcasters move Delhi High Court

MUMBAI: The 12 minute ad cap case has had a change in venue - from the Telecom Disputes Settlement Appellate Tribunal (TDSAT) to the Delhi High Court (HC). With the Supreme Court’s recent ruling that TDSAT does not have authority to hear cases challenging the Telecom Regulatory Authority of India (TRAI) regulations, broadcasters had filed a writ petition in the HC last Friday.

The case is set to be heard on 17 December in the Delhi HC by Justice Manmohan. The appellants include the News Broadcasters Association (NBA), 9X Media, B4U, TV Vision, Sun TV, E24 and Pioneer Channel. The hearing for the case is set to begin afresh but the priority of the lawyers representing the broadcasters will be to get a stay order from the HC to disallow the TRAI from taking any coercive action against channels which are reportedly not following the 12 minute ad cap. Under the TRAI mandate, it can persecute channels who do not toe the line that it has set.

“We will ask for a stay order on TRAI taking any punitive actions against broadcasters. Since the TDSAT had given a stay order earlier and the bench was headed by a SC judge Justice Aftab Alam, we hope we get it from the HC too,” says a senior executive.

The case will by and large remain the same with the focus on the fact that the ad cap is not a regulation at all. However, since it is now the HC, the crux of the arguments will be on constitutional grounds such as Article 14 and Article 19 that talks about the right to equality and freedom of speech respectively.

The channels will now have to go through the long drawn process of the hearing proceeding in the HC and getting the stay order against the regulator taking them to the cleaners for violation of the ad cao reglation. They have been fortunate not to have got the stick so far from the TRAI which could have prosecuted them as it was within its rights to do so.

Latest Reads
M&E industry appreciate film, Digital India-focussed interim budget 2019

The government today announced the interim budget for 2019 in the parliament and has been gaining a lot of praise from the people for its pro-poor and pro-middle class approach.

Resources Legal and Policies
GST council brings down TV set price to 18% slab

At the 31st Goods and Service Tax (GST) council meeting, GST rates on several items have been decided to be brought down from the top 28 per cent slab. Among the items that have been brought down from the 28 per cent slab to 18 per cent include monitors and television up to screen size of 32 inches...

Resources Technology suppliers
Amazon qualifies Mybox's AVS provider with set-top-box solution

MyBox Technologies, a Hero Electronix venture, specializing in the research and development and manufacturing of set-top boxes, has announced that it is now an Alexa Voice Service (AVS) solution provider and has collaborated with Amazon.

Resources Technology suppliers
After consistent rise, DTH subscribers fall in Jan-Mar quarter

After a consistent upward trend, total active DTH pay-TV subscribers in India dropped slightly during the January-March quarter this year. The overall active subscriber numbers dropped to 67.53 million from 67.56 million.

Resources DTH
Blackmagic Design makes presence felt at Broadcast Asia

MUMBAI: It's that time of the year again - where the leaders of the industry present the newest and most innovative technologies for film, television and digital advertising under one roof. It's Broadcast Asia time. All the world's leading broadcasters have descended on Singapore to keep pace with...

Resources Technology suppliers
PVR & IMAX forge 5 year theatre deal in India

At a business briefing to Canadian Prime Minister Justin Trudeau during his first official trip to India, IMAX Corporation and PVR Cinemas announced an agreement for five new IMAX theatres.

Resources Studios
Chilaka's roller coaster ride from engineering to animation

MUMBAI: Who would have thought that the person holding a master’s degree in computer science from a prestigious US University would commit to the lesser known field of animation and return to his homeland. And yet today, Rajiv Chilaka stands redeemed for a choice he made nearly 17 years ago.

Resources Studios
Film Writers’ Association gets new name, logo; new direction

Keeping pace with the changes in media and its consumption, the Indian Film Writers Association has donned a new avatar.

Resources forums
CASBAA Announces Thirteen-Strong Board of Directors

MUMBAI: Since its inception in 1991, CASBAA has welcomed an ever-growing group of members, showcasing the diverse industries and areas that make up Asia Pacific Broadcasting. Now, following its AGM on 29 October, CASBAA has announced its most extensive group of Directors to date, with many of the...

Resources forums

Sign up for our Newsletter

subscribe for latest stories