ITV

Category: Regulators

  • Delhi HC notice to Arnab Goswami on ‘theft’ suit by Times group

    NEW DELHI: Delhi High Court, which had earlier issued summons, has now issued a notice to Republic TV’s Arnab Goswami in a case filed against him by former employer Bennett, Coleman and Company Ltd (BCCL), owners of Times Now news channel. The complainant had alleged breach of employment contract and misusing intellectual property belonging to BCCL.

    Goswami and his colleague Prema Sridevi, who was also in Times Now, are accused of having played audio tapes during a story on the mysterious death of Congress Party member and MP Shashi Tharoor’s wife Sunanda Pushkar. Times Now claims the audio tapes were its property. This development has been reported by legal news portal Live Law.

    BCCL has alleged the Sunanda Pushkar tapes and those played out during a story done by Republic TV on its debut day on Lalu Prasad were ‘procured and accessed’ by Goswami and Sridevi while they were employed by Times Now.

    While the court observed that an employee has to maintain confidentiality and utmost fidelity towards his employer and they cannot breach contract, it said that since the Times Group hasn’t submitted anything on record to prove that the audio recordings used by Goswami were parts of its database, it has only issued a short notice.

    Earlier, the court had issued summons to Goswami, Sridevi and the ARG Outlier Media Private Limited, the company that owns Republic TV, in the matter.

    ALSO READ:

    IPR case: HC issues summons to Republic TV, hearing on 26 May

  • TRAI may invite ideas to boost b’cast & tele-products manufacturing

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) will consider studying the issue of testing and quality of mobile phones and set-top boxes as part of a wider consultation to boost manufacturing of telecom and broadcasting products. The issue is important because telecom operators had flayed mobile handset quality for call drops and approached the Government saying the role of devices in issue of service quality had not been adequately considered.

    TRAI’s discussion paper pertaining to incentivising manufacturers of broadcasting and telecom equipment is in the works, sources told PTI. It may be released in the next month. Amongst other aspects, the paper may explore possible sops for operators who use indigenous products in their networks.

    Meanwhile, on the occasion of World Telecommunication and Information Society Day, COAI conducted a high-level roundtable to highlight and discuss the role of technology in the advancement of 17 United Nations Sustainable Development Goals. The event focused on the success story of the Indian telecom revolution.

    Experts called for a closer collaboration between five ministries and Government departments of DoT, MeitY, MoC, MHRD, I&B and Skill Development. COAI emphasised the need for digital literacy and capacity building and creation of local language content for actualising the real potential of Digital India.

    Over Rs 9.2 lakh crore has been invested by Telecom Service Providers in building world class telecom Infrastructure. About 3.51 lakh BTSs were added, and subscribers have crossed the mark of one billion. Total internet subscribers in India are 261.31 million as per TRAI data.

    ACT Fibernet, a leading non-ISP broadband operator in India, issued a statement: ACT Fibernet actively employs analytics across its operations to build a better understanding of customer and business processes..

  • New portal to help ease of broadcast business

    NEW DELHI: A new online ‘broadcastseva’ portal has been launched by the ministry of information and broadcasting (MIB) as part of its initiative to provide a single point facility to various broadcast-related stakeholders and applicants for various permissions, registrations, licences, etc

    The portal broadcastseva.gov.in is in keeping with the commitment to promoting ease of doing Business, Digital India and Make in India.

    The Government said the MIB was committed to provide efficient and transparent regime for the growth and management of the Broadcast sector.

    Accordingly, the following four modules have become Live on the portal:

    i) Payment of Annual Permission Fees for TV Channels/teleports
    ii) Application for Temporary uplink of Live Events
    iii) Application for setting up of Community Radio Stations
    iv) Application for registration as Multi-System Operators

    The Ministry has invited suggestions for better utilization and improvement of the portal.

  • Tata Sky-Airtel case: HC asks TRAI to file reply before 25 July

    NEW DELHI: The Delhi High Court today issued notice to the Telecom Regulatory Authority of India on two different petitions by direct-to-home platforms TataSky and Airtel Digital challenging the Tariff and the Reference Interconnect Order regulations.

    A bench headed by Chief Justice Gita Mittal listed the matter for 25 July 2017 and directed the respondents to file their affidavits and the petitioners to file counter-affidavits if any before that date.

    Although the cases were listed separately, the bench decided to hear the matters together since similar grounds had been raised.

    The Court also issued notice on an application by the two platforms seeking a stay of the tariff order. (In another matter pending before the Madras High Court, the Supreme Court on 8 May stayed the operation of the regulations till completion of the case in the High Court.)  

    The petitions seeks an order not only for setting aside these regulations, but also some sub-sections of Section 11 of the TRAI Act 1997 as being violative of the Constitution.

    The TataSky petition has been on behalf of the platform and Mr S Ganesan, Chief Financial Officer. The respondents are both TRAI and Union of India.

    Indiantelevision.com had earlier reported that the primary problem arises from the fact that all stakeholders will have to abide by the rates fixed by the broadcaster according to the new tariff order.

    The DTH players are agitated not only with the fact that they pay over 85% of the service tax and entertainment tax in the digitised universe, but the fact that their liberty to make their own bouquets may be taken away with the broadcasters having the say in fixing rates for individual channels.

    Tata Sky CEO Harit Nagpal had earlier confirmed to indiantelevision.com that the platform was moving the Delhi High Court against TRAI on the tariff order. As it is one of the largest among the six private DTH operators, the approximately Rs 50-billion Tata Sky may be joined by other players.

    TRAI had first come out with a draft tariff order in October 2016 but was embroiled in the case in Madras High Court which had initially directed status quo. Later, TRAI had issued the orders on 3 March after getting the green signal from the apex court even as the broadcasters’ case was pending in the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Meanwhile in another matter pending before the Madras High Court where Star India and Vijay TV have challenged the regulations under the Copyright Act on the ground that content does not come in the ambit of TRAI, the Supreme Court on 8 May stayed the operation of the regulations but asked the High Court to dispose of the case within four weeks.

    Also read:

    SC stays new TRAI tariff, asks Madras HC to complete hearing in four weeks

    Tata Sky & Airtel DTH pleas against TRAI tariff in Delhi HC on Friday

  • Ease of doing b’cast biz date extended to 19 May

    NEW DELHI: With the fast-changing regulatory framework for the media and entertainment sector, which in India is one of the fastest growing sectors, the Telecom Regulatory Authority of India had last month embarked on a major exercise to find out easier ways of doing business and cause least harassment to entrepreneurs.

    To give stakeholders more time to respond to its pre-consultation paper on the ease of doing business in broadcasting which was issued on 17 April, the last date for responses has now been extended from 8 May to 19 May.

    The Authority has on its own decided to go for a pre-consultation with the stakeholders on ease of doing business in the broadcasting sector, taking a cue from PM Modi-led government’s efforts to ease doing businesses in India. It hopes to review various policy issues related to the broadcasting sector with a view to create a conducive and business friendly environment in the sector and identify procedural bottlenecks that affect ease of doing business in the broadcasting sector and recommend measures for simplifying the rules, regulations and bring more transparency and clarity in policies/ framework of the broadcasting sector.

    The aim is also to remove entry barriers by laying down well defined and transparent procedures and processes thereby creating level playing field and competition in the sector and to facilitate innovation and technology adoption for providing better quality of services to the consumers to steer further growth of the sector by attracting investment through investor friendly policies
    Subjects to be covered in the pre-consultation before a final consultation paper is issued are related to processes and procedures for obtaining permission/license/registration for the following broadcasting services and subsequent compliance connected with these permissions. The fields include:

    (a) Uplinking of TV channels
    (b) Downlinking of TV channels
    (c) Teleport services
    (d) Direct-to-home services
    (e) Private FM services
    (f) Headend-in-the sky services
    (g) Local Cable Operators
    (h) Multi System Operators
    (i) Community Radio Stations

  • Tata Sky & Airtel DTH pleas against TRAI tariff in Delhi HC on Friday

    NEW DELHI: The petition by direct-to-home platform Tata Sky challenging the Tariff and the Reference Interconnect Order regulations of the Telecom Regulatory Authority of India is slated for hearing in the Delhi High Court tomorrow (Friday).

    The petition seeks an order not only for setting aside these regulations, but also categorising some sub-sections of Section 11 of the TRAI Act 1997 as being violative of the Indian Constitution. Another petition by Airtel Digital, which has been filed seeking similar similar reliefs, may also be heard along with the Tata Sky petition. 

    The Tata Sky petition has been filed on behalf of the d2H platform and the Tata Sky CFO S Ganesan. The respondents are both, TRAI and the Union of India.

    Indiantelevision.com had earlier reported that the primary problem with the new tariff order arises from the fact that all stakeholders will have to abide by the rates fixed by the broadcaster.

    The DTH players are agitated not only with the fact that they pay over 85% of the service tax and entertainment tax in the digitised universe, but the fact that their liberty to make their own bouquets may be taken away with the broadcasters having the say in fixing rates for individual channels.

    Tata Sky CEO Harit Nagpal had earlier confirmed to indiantelevision.com that it was moving the Delhi High Court against TRAI on the tariff order. As it is one of the largest among the six private DTH operators, the approximately Rs 50-billion Tata Sky may be joined by other players.

    Tata Sky had designed packages as per genre so as to make it smoother for the customer but may now have to change these bouquets/bundles as the new order directs the DTH operators to offer channels on an à la carte basis and then link them to the bouquet price.

    There are several conditions in the new order as to how the channels could be priced in a bunch, and individually, Nagpal said. If one aspires that consumers are going to use an app and order a channel that may not take place in the Rs 58000-crore television industry.

    TRAI had first come out with a draft tariff order in October 2016 but was embroiled in the case in Madras High Court which had initially directed status quo. Later, TRAI had issued the orders on 3 March after getting the green signal from the apex court even as the broadcasters’ case was pending in the High Court.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Meanwhile in another matter pending before the Madras High Court where Star India and Vijay TV have challenged the regulations under the Copyright Act on the ground that content does not fall under TRAI jurisdiction, the Supreme Court on 8 May stayed the operation of the regulations but asked the High Court to dispose of the case within four weeks.

    Also read:

    After Star, Tata Sky all set to challenge TRAI tariff: Harit Nagpal

    SC stays new TRAI tariff, asks Madras HC to complete hearing in four weeks

  • SC stays new TRAI tariff, asks Madras HC to complete hearing in four weeks

    MUMBAI: The Supreme Court of India has granted a stay on TRAI’s new tariff orders. A division bench of the court comprising Justice Rohinton Fali Nariman and Justice Pinaki Chandra Ghose agreed to the demand of Star India, thus staying the new tariff order and interconnect regulations. 

    Industry sources told www.indiantelevision.com, “The apex court has asked the Madras High Court to complete the hearing within four weeks.” “The case will be heard on a day-to-day basis from 12 June — the date of the next hearing scheduled by the Madras High Court,” the sources added.

    The Supreme Court today (Monday, 8 May) heard the appeal by Star India and Vijay TV challenging the order of the Madras High Court which refused to stay the DAS tariff order of the Telecom Regulatory Authority of India. TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) had formally come into effect on 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition of the broadcasters to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition. The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that it actually came under the Copyright Act, which is not administered by TRAI, but by the Department of Industrial Policy and Promotion, as of last year.

    Apart from the tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations on 14 October, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations issued the same day (10 October).

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • TRAI to probe ‘opaque’ offers to departing customers

    MUMBAI: The Telecom Regulatory Authority of India will study complaints about operators doling out customised retention offers to influence subscribers who plan to shift to a rival network. Jio had alleged that incumbent operators are lining up customised offers for subscribers wanting to shift.

    While it may be standard for operators to play up offerings and the strength of their networks to the departing customers, telcos cannot offer plans that they do not file with TRAI.

    TRAI chairman R S Sharma asserted that all offerings by operators need to be non-discriminatory, transparent, and filed with the regulator but refused to be drawn into the specifics, PTI reported.

    Because the tariff has to satisfy the criteria of being non-discriminatory and transparent, Sharma said, these principles would have to be followed.

    In a letter to TRAI, Jio had termed such methods as being “unfair and deceptive”, and claimed that the offers were being presented to customers “surreptitiously” on a one-to-one basis and not available to the public.

    Those companies were not openly publicising such offers on their website as is stipulated, Jio charged, demanding that “strongest action” against the three operators – Vodafone, Airtel, and Idea Cellular — for what it called a gross violation of TRAI norms. However, Airtel and Vodafone had refuted Jio’s allegations.

    As per the norms, while tariffs are under forbearance, every plan has to be filed with the TRAI within seven working days from its launch. If the regulator will call operators for a meeting to resolve the issue, Sharma said the matter was still in a “preliminary” stage.

  • Star India appeal in SC challenging TRAI’s HC verdict slated for Monday

    NEW DELHI: The Supreme Court is expected to hear on 8 May the appeal by Star India and Vijay TV challenging the order of the Madras High Court refusing to stay the DAS tariff order of the Telecom Regulatory Authority of India.

    A bench headed by Chief Justice J S Kehar had earlier this week said the matter would come up for hearing in due course.  

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that actually came under Copyright Act, which is not administered by TRAI.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)

  • ‘Inappropriate content’ on TV & radio to be regulated

    MUMBAI: The Indian Government plans to establish a body to regulate the content broadcast on television and radio channels.

    In the backdrop of escalating concern of over-regulating and gagging of free speech by the Central Government, the government is now considering regulation of television and radio channels against what is being termed as ‘inappropriate content’.

    The Central Government has decided to establish a grievance redressal mechanism against objectionable content that is broadcast on TV news and entertainment channels, and FM and community radio, the Asian Age reported.

    This would mean that radio stations and television channel which were following a self-regulatory mechanism could now be held liable for complaints against their content filed by the public.

    If a member of the public has a complaint regarding certain content broadcast over radio or television, s/he can lodge a complaint with the district magistrate (DM) or the police commissioner (chairmen of the district-level monitoring committee), according to a government directive accessed by the paper.

    People are free to register their complaints online at pgportal.gov.in, or directly send their grievances to the union information and broadcasting ministry.

    In January 2017, the Supreme Court had directed the government to establish a mechanism for redressal of complaints against “contents of private TV channels and radio stations and accord due publicity to the measures to enable citizens approach it with their grievances.”

    The Programme and Advertising Code of the government prohibits the broadcasting of certain type of content, including anything that “offends and is against ‘decency’, contains criticism of friendly countries, contains attacks on religion or communities, is obscene or defamatory, encourages or incites violence, encourages superstition, denigrates women or affects the integrity of the nation.”

    It was reported in February 2017 that action was taken in 52 cases of television and two of radio in the past three years for violation of the Code. The minister of state for information and broadcasting Rajyavardhan Rathore had said the action in most cases was limited to apology scrolls, or switching off channels for a brief period.

    Rathore had said the Supreme Court had, on 12 January 2017, advised the Government to formalise the complaint redressal mechanism including the period of limitation within which a complaint can be filed. The court also said the concerned statutory authority which shall adjudicate upon the same including the appellate and other redressal mechanisms, leading to a final conclusive determination.

    As and when there is a prima facie case of violation by private satellite TV channels and private FM channels regarding content aired by them, the matter is placed before the IMC for its consideration/recommendations. Thus, IMC functions in a recommendatory capacity.

    Apart from this, the Ministry had earlier issued directions to States to set up District level and State level Monitoring Committees to regulate content telecast of local TV channels carried on Cable TV Networks.

    AlsO Read :

    Press regulation not called for, says Modi

    SC to MIB: Get mechanism to deal with complaints on TV, radio shows

    Govt warning to TV channels on b’cast norms breach

    Govt admits centralised content monitoring of TV and Radio ‘non-workable’