ITV

Category: Regulators

  • Court directs ministry to investigate Baba’s shows for ‘spreading superstition’

    MUMBAI: The Allahabad High Court has directed the information and broadcasting ministry to probe allegations that the television shows of godman Nirmal Baba were spreading superstition.  

    A bench of Justice Sanjai Harkauli and Justice AP Sahi passed the fiat on a public interest litigation (PIL) moved in 2012 by K.Saran, a Lucknow-based lawyer, PTI reported.

    If the allegations against Nirmal Baba’s show were found to be true, the high court directive stated, the ministry must take action.

    The petitioner had sought action against the television channels broadcasting the programmes of Nirmal Baba under the Rule 6 of the Cable Television Network Rules 1994. The petitioner had alleged that the baba’s shows were encouraging blind faith and superstition.

    The petitioner had pleaded that the provisions of relevant law and Rules 1994 specifically provide that if such channels do not stop showing contents with superstition and blind faith, the government could revoke the permission granted for running the channel.

    In a separate case earlier, an FIR was registered against the chief managing director (CMD) and editor-in-chief of Sudarshan news channel for allegedly instigating enmity between different groups on the grounds of religion. Sudarshan TV is among the list of channels which has applied to  the ministry of information and broadcasting for approval of two more channels.

    Also Read :

    FIR registered against Sudarshan TV channel

    HC terms Care World TV ‘ban’ as illegal

    Assamese news channel Pratidin Time banned for one day once again

    Govt hands NDTV India 24-hr ban for breach of content code

  • No advancing of Star India hearing in TRAI tariff case: SC

    NEW DELHI: The Supreme Court has declined early hearing of an appeal by Star India and Vijay TV against 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 said the matter would come up for hearing in due course.   

    The matter was raised through a mention by counsel for Star TV, as the TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) are to come into effect from tomorrow 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.

    The Court said the petitioners had not made out a strong and prima facie case for interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    Earlier, 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.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

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

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

    NEW DELHI: The Madras High Court has declined a petition to stay the tariff orders for cable TV by the Telecom Regulatory Authority of India slated to come into effect from 2 May 2017.

    Chief Justice Indira Banerjee and Justice M Sundar directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court said that 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.

    The Court said the petitioners had not made out a strong and prima facie case for an interim stay. It also said that it had noted that the situation prevailing on 3 March 2017 when the order was issued and that prevailing today ‘has not changed so drastically’ so as to warrant an interim stay. The Court said that it had also kept in view the larger public plea made by the Government counsel.

    This implies that TRAI is now free to implement its tariff order, reference interconnect offer (RIO) and Quality of service order (QoS) from 2 May.

    The Court took note of the point made by TRAI counsel P Wilson that every broadcaster would publish its Reference Interconnect Offer on 2 May 2017. Any distributor interested in entering into an agreement would hold discussions with the broadcasters and agreements would be signed by 1 June 2017.

    However, the commercial operation/transactions under the agreement can start only from 1 September 2017.

    Although the Indian Broadcasting Federation had been impleaded and supported the plea for interim stay, the court said it had come to understand that many of the members of the IBF “are now in favour of the impugned interconnect regulations and the tariff order.”

    The Court had also allowed the All-India Digital Cable Federation which has around 10 MSOs operating pan-India under its wing to intervene and had opposed the plea for interim stay.

    Earlier, on 28 March, both the broadcasters had not pressed their plea for stay of the order after TRAI told the court that implementation of these orders had been postponed from 2 April to 2 May. TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court.

    Hearing on the petition has had a chequered history with three judges recusing themselves. Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petitions became necessary as the matter is being heard afresh by the bench headed by the chief justice

    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.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Also read: Star – TRAI copyright case: In dramatic turn, Madras HC judges withdraw

    TRAI notifies tariff order implementation from 2 May, RIO in 60 days

  • Govt. measures to reduce patent application time to 18 months under way

    NEW DELHI: Intellectual Property Rights regime in India is undergoing a process of re-engineering with the collaboration of government and industry, Department of Industrial Policy and Promotion (DIPP) Joint Secretary Rajiv Aggarwal said today.

    Speaking at a conference on ‘IP: Innovation to Drive Business and Competitiveness’ , Aggarwal said the tool kit to protect intellectual property (IP) rights which had been launched earlier in association with FICCI has enabled the law enforcement agencies especially police to help strengthen the government machinery to handle IP rights infringement issues.

    The meet was organised by FICCI in association with DIPP, Ministry of Commerce & Industry, to commemorate the World Intellectual Property Day 2017.

    He added that this tool kit has been provided to all state police departments across the nation. He added that there was still a long way to go and with partners like FICCI the government was looking forward to step up its efforts.

    Aggarwal said recently Chandigarh was felicitated with an award for enforcement of IP in the country, which was a proof of government’s earnest intentions of fast-tracking enforcement in IP. He added that the government was taking steps, including hiring manpower, to reduce the patent application examination time to 18 months.

    Alluding to the need of embedding the culture of IP early in life, Aggarwal said a new drive had been initiated where awareness programmes on IP were being run in schools as it would also enable in taking forward the agenda of innovation.

    The conference aimed to capture the essence and increasing IP buzz in the country while providing a useful forum for various IP stakeholders to deliberate on the importance and potential of generating, protecting, enforcing, commercializing, and incorporating IP and innovation in the core of business strategies.

    The deliberations focused on how IP supported innovation by attracting investment, rewarded creators and encouraged them to develop their ideas ensuring, at the same time, that the emergent knowledge was ultimately available for the future innovators to develop further on the existing knowhow. The forum served as a platform for leading IP experts from India and abroad to discuss how to ensure that, in the days to come, IP and Innovation become the driving force for business growth and competitiveness in India as well as globally.

    FICCI IP Committee Chairperson Narendra Sabharwal, formal Deputy General of WIPO, said a baseline survey should be undertaken by the stakeholders to audit the progress in the IP space, which would help in identifying the priorities as well as the gaps in the system. He added that economic impact studies should also be carried.

    He said there was need to strengthen enforcement, especially, in the online arena and focus on appropriate commercialization of IP assets. He added that creation of human capital should be accorded priority. In recent years, Intellectual Property has spawned a new wave of technological innovations, leading to rapid economic growth and development. As businesses grow and attract competition, the need to identify, develop and leverage IP becomes even more important in order to sustain and thrive in the market.

    The industry looks forward to the further strengthening of certain key areas of India’s IP regime. Stronger IPR enforcement and greater connectivity of IP policy with existing legislations and business environments are two such critical needs. These will not only incentivise innovation, but help attract investment that will create new jobs and opportunities. Indian business is confident that as the IPR Policy implementation moves forward, the economy will grow faster towards achieving the desired growth rate. The year 2017 marked a step forward for India in its IP history with the Indian leadership adequately recognizing the crucial role that intellectual property played in fostering innovation, accelerating growth and enhancing business competitiveness.

    Also Read:

    Copyright infringement: Kross awarded injunction against ‘Pushpaka Vimana’, hearing on 12 Apr

    FICCI FRAMES: Legitimate screens, stricter laws, best practices for IPR

    IPR: DIPP allocation increased after copyright shift from HRD

    FICCI Frames ’17: Maharashtra to form IP crime unit to fight online piracy

  • House panel goads changes in film certification, notes under-utilisation of CBFC funds

    NEW DELHI: There is an urgent need to revise the guidelines/Acts/Rules relating to Cinematograph Act 1952 and Cinematograph Certification Rules 1983 in the light of Shyam Benegal Committee Report in view of the increase in number of films, short films, advertisements, documentation being submitted for certification and consequent increase in number of court cases.

    A Parliamentary Committee has said that the Information and Broadcasting Ministry should make its stand clear and initiate the process of bringing amendments in the existing Acts and Rules through involvement of stakeholders.

    The Parliamentary Standing Committee on Information Technology which also examines issues relating to MIB said apart from the recommendations of the Shyam Benegal Committee, the Government had not taken any decision on the suggestions of the Parliamentary Committee.

    The Committee of Experts under filmmaker Shyam Benegal had been constituted in January 2016 to evolve broad guidelines/procedures for certification of films within the ambit of provision of Cinematograph Act 1952 and Cinematograph (Certificate) Rules 1983 and it had submitted its Report in June 2016.

    The Parliamentary Committee had also submitted revised guidelines and revised Rules which are being examined by the Ministry.

    The Ministry told the Committee that the recommendations of the Committee require amendments in Acts/Rules and so require further consultation.

    The Committee has been given to understand that the workload of CBFC has increased significantly. There is also a considerable increase in the number of court cases being filed in connection with film certification. The Ministry has issued administrative sanction for two legal consultants one each in Delhi and Mumbai for handling the legal cases of CBFC.

    Meanwhile, the Committee said that the Ministry spent only Rs 20.3 million on upgradation, modernisation and expansion of the Central Board of Film Certification (CBFC) and Certification Process up to 31 January 2017 out of a total revised amount of Rs 35.1 million against the budget amount of Rs 40 million.

    With regard to activities undertaken during 2016-17, the Ministry said the work of online certification has been awarded with pre-determined milestone set to be completed by March 2017 and the entire fund available was likely to be utilized by March, 2017.

  • HC orders on Star plea for stay on TRAI tariff today

    NEW DELHI: Orders are expected to be pronounced tomorrow on the application by Star India and Vijay TV in Madras High Court seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017.

    Arguments concluded tomorrow after both the broadcasters and the Telecom Regulatory Authority of India concluded their arguments.

    The broadcasters, who have challenged the jurisdiction of the TRAI in issuing relating to TV content, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.

    The case by the two broadcasters is that content falls under Copyright Act and does not come under the ambit of TRAI. The matter came up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard .

    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. The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.
    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • National Cine Museum only if it attracts aficionados: House panel

    NEW DELHI: Noting that the National Museum of Indian Cinema in Mumbai is expected to be completed by July this year, a Parliament Committee wants the Information and Broadcasting Ministry to get a response and feedback of the industry as to how far it is successful in attracting film fraternity and also those interested in films, through exhibitions, workshops, seminars and interactive sessions.

    The Museum has been built in the premises of the Films Division complex on C D Deshmukh (Peddar) Road.

    The Parliamentary Standing Committee on Information Technology which also examines issues relating to MIB noted that an amount of Rs 286.9 million had been allocated under the Scheme of the Museum which was increased to Rs 343.9 million at revised estimate stage but the Ministry incurred an expenditure of Rs 286.9 million.

    The Committee was informed that the project is near completion and the Ministry was hopeful of utilizing the balance funds during the current financial year 2016-17.

    The budget for the year 2017-18 under the Scheme has been reduced as the construction work has already been completed and curation is underway.

    A historical building Gulshan Mahal has been renovated in the first phase as part of the National Museum project and the second phase of the Museum consisting of two Cinema Halls, Museum office, Exhibition spaces and Food Court are coming up in the new building block.

    When operational, the NMIC will provide a store house of information and help film makers, film students, enthusiasts and critics to know and evaluate the development of cinema as the medium of artistic expression.

    Also Read :

    Avoid ‘slippages’ of film sector budget utilisation, House panel recommends

    DD invites short films on Govt schemes, ‘DAVP producers’ preferred
     

  • Madras HC: Arguments to continue in Star-TRAI tariff case on Thursday

    NEW DELHI: Arguments will to continue tomorrow on the application by Star India and Vijay TV seeking a stay of the tariff orders issued by the regulator last month and slated to become effective 2 May 2017. It is expected that the arguments will conclude on Thursday and the order announced thereafter on the stay application.

    The broadcasters, who have challenged the jurisdiction of the Telecom Regulatory Authority of India in issuing relating to TV content in Madras High Court, had on 28 March decided not to press for stay after the Court was informed by the regulator that it had decided to defer implementation of its tariff orders to 2 May instead of 2 April.

    TRAI had issued the tariff order, Quality of Service, and Reference Interconnect Agreement orders after getting clearance on 3 March from the Supreme Court, which had then directed the High Court to conclude the matter within sixty days.
     
    The case by the two broadcasters challenging the jurisdiction of the Telecom Regulatory Authority of India on the plea that content fell under Copyright Act and did not come in the regulator’s purview had come up for hearing earlier this week in a bench headed by Madras High Court Chief Justice Indira Banerjee.

    Hearing on the petition, which has had a chequered history with three judges recusing themselves, commenced anew as it had gone before a new bench with the Chief Justice and Justice M Sundar.
    However, the matter was listed for tomorrow after a brief hearing when the Star India counsel commenced speaking as the court had other matters to conclude.

    After counsel for the broadcasters, counsel for TRAI, Union of India, and the intervener All India Digital Cable Federation will be heard.

    Though it was not clear, it appeared that the judges Justice S Nagamuthu, Justice Anita Sumanth and later Justice Govind Rajan had received letters which prompted them to withdraw from the case.

    The fresh petition became necessary as the matter is being heard afresh by the Chief Justice and Justice M Sundar. 

    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. 

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_20…
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03…

    Following these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week. Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • Avoid ‘slippages’ of film sector budget utilisation, House panel recommends

    NEW DELHI: While noting the ‘slippages which could have been avoided’, a Parliamentary Committee has taking serious note of the continuous reduction in expenditure in the film sector despite reasonable budgetary allocations.

    The Parliamentary Standing Committee on Information Technology which also examines issues relating to Information and Broadcasting Ministry asked the Ministry to be “more cautious and take necessary corrective steps so that there are no cost and time over run of Schemes in the film sector”.

    A sum of just Rs 835.6 million out of a reduced revised estimate of Rs 1.3439 billion was utilized in the film sector in 2016-17 because of various reasons including among other reasons the Request for Proposal (RFP) and stakeholder consultation process in the National Film Heritage Mission has resulted in under utilization of funds.

    The Committee was told that the original budget estimate was Rs 1.4148 billion against the proposed Rs 2.4512 billion for the film sector.

    For the shortfall in expenditure, the Ministry also blamed delays in late approval and prolonged inter-ministerial consultations and RFP for selection of private partners in setting up of National Centre of Excellence for Animation, Gaming and Special Effects.

    The Ministry attributed delay in raising Bills for the International Film Festival of Goa and conducting of major film festival during the last quarter to be some of the reasons for under utilization of funds.
     
    The Committee noted that the allocation under film sector has been enhanced from Rs 1.3439 billion at revised estimate stage in 2016-17 to Rs 2.07 billion at budget stage for the year 2017-18.

    The enhanced allocation is to be utilized in respect of Scheme of NFHM where RFP for preventive conservation of film reels, digitization of films, 2K/4K picture and sound restoration of landmark feature films and short films etc are to be floated during 2017-18.

    While expressing satisfaction that the film sector has got an enhanced allocation this year, the Committee said the Ministry should take advantage and give more focused attention to Schemes under this sector and concerted efforts be made for optimum utilization of funds allocated for the year 2017-18.

    Also Read :

    Film piracy: Govt has no ‘losses’ figure, industry estimates Rs 180 bn a yr

    No middlemen in film certification process anymore

    Films Division shorts in cinema halls: Centre mulling revival    

     

  • TRAI’s Plan-corpus fund growth lower due to lesser govt grant in FY-16

    BENGALURU: The Telecom Regulatory Authority of India reported its financial results for the year ended 31 March 2016 (FY-16). The regulator received 50.83 percent lower Plan grant from the Central Government at Rs 14.75 crore in FY-16 as compared to Rs 30 crore in the previous year. After taking into account higher Plan Total Expenditure of Rs 12.24 crore in the current year as compared to Rs 10.07 crore in FY-15, 87 percent lower surplus amount of Rs 2.52 crore in FY-16 as compared to Rs 19.34 crore in FY-15 was carried forward to its Plan-Corpus Fund. The regulator’s Plan-Corpus Fund has capital of Rs 68.66 crore at the close of FY-16.

    Non-Plan Central Government grant however in the current year was 34.7 percent higher in FY-16 at Rs 55.89 crore as compared to Rs 41.50 crore in the previous crore. After 13.75 percent higher non-plan total expenditure of Rs 54.58 crore in FY-16 as compared to Rs 47.98 crore in FY-15, 70.2 percent higher surplus amount of Rs 16.19 crore in FY-16 as compared to Rs 9.52 crore in FY-15 was carried over to the non-plan Corpus Fund. TRAI’s non-plan Corpus Fund capital stood at Rs 38.79 crore at the end or FY-16.

    TRAI’s Establishment Expense, which consists mainly of employee and employee benefits expenses, in FY-16 was 15.3 percent higher at Rs 26.03 crore as compared to Rs 22.57 crore in FY-15. Other non-plan administrative expense in FY-16 increased 13 percent to Rs 27.91 crore as compared to Rs 24.70 crore in FY-15. A major component head of TRAI’s other non-plan expense is Rents, Rates and Taxes which increased 17.1 percent in FY-16 to Rs 21.05 crore as compared to Rs 17.98 crore in FY-15.

    TRAI’s Total Non-Plan Income in FY-16 grew 23.1 percent to Rs 70.77 crore as compared to Rs 47.98 crore in FY-15. Besides the Central Government Grant, other major income heads included Customer Education Fees from Telemarketers, Penalty from Telemarketers and Financial Disincentive.

    Also Read :

    TRAI to begin groundwork on next spectrum auction, TSPs not too keen yet

    TRAI extends tariff regulations execution date, Madras High court arguments to continue