Category: Regulators

  • Industry welcomes I&B ministry’s guidelines to restart Film, TV and OTT production

    Industry welcomes I&B ministry’s guidelines to restart Film, TV and OTT production

    MUMBAI: Yesterday, Information and Broadcasting Minister Prakash Javadekar released a comprehensive set of standard operating procedures (SOPs) aimed at the resumption of production for film, television, and OTT originals. The announcement came in as a sigh of relief for many in the industry. The SOPs are in line with the protocols followed across the globe, which also specifies safe distances on shooting locations, in edit rooms, studios, and others. It includes rules on sanitization, fumigation, face masks, and availability of PPE kits. The SOPs also mention the need for an appointment of an on-set Covid2019 coordinator. Javadekar said, “Today we are laying out standard operating procedures as per the international experience and with the consultation of the health ministry and the home ministry.”

    He further explained that contact minimisation is at the core of the SOPs. It will be ensured by minimal physical contact and sharing of props and PPEs for hairstylists and make-up artists, among others. Javadekar also highlighted that the characters in front of the camera would be exempted from wearing masks. Making this announcement on Doordarshan Javadekar said that formulating SOP measures as part of the overall decision to revive economic activities. He added, “For the last six months, this industry had come to a standstill, and many people had lost their jobs. We hope all States will adopt these SOPs.”

    For a detailed list of the SOPs, click here. In a special interaction with indiantelevision.com film producer, Ramesh Taurani said, “I think it is a very good step from the government. Shoots have already started, but now they can be done in other locations as well, as the new SOPs will benefit everyone. These are practical and manageable SOPs, and the film industry is very happy. Now things will happen at a macro level. As the film shooting has started workers, actors, technicians can start work with full protection. It is a good step towards restarting the economy, as more people will get employment. The announcement came from the central government, and now it is up to the respective state government to take it forward.” Apart from laying down the social distancing norms, the ministry has also asked the production houses to ensure extensive planning. It also states that physical distancing of at least six feet is to be followed as far as feasible at all locations at all times, while sitting, standing in queues, etc. FICCI official spokesperson said, "It is a welcome move and the industry has been looking forward to this. It will help open the industry in a phased manner with all the necessary precautions . We are looking forward to working with the government to ensure we get back to business with all the norms that have been put in place. This move from central government is the umbrella document for state governments to adopt so that there is basic uniformity across the country . This is one plan laid out by the central government for the state government to follow and they can add some important details as per the specific requirement." Aspects such as scenes, sequences, set-ups, camera locations, positions of various crew members, seating arrangements, food and catering arrangements, staggered meal timings, etc. shall be planned while giving due consideration to physical distancing norms. According to the guidelines, measures shall be taken by the production team to involve a minimum number of cast and crew members during the shoot. IFTPC chairman TV wing JD Majethia shares, “It is a very welcome move. We all have been waiting for this for a very long time. It is a relief that the centre has eased out the restrictions. As shooting is now allowed across India, it would be easier for film, television, and OTT shows to shoot in different locations and studios, which was difficult to do earlier. Many people will get their employment back, hopefully in Maharashtra. If trains are allowed from next month onwards, a lot of people will get their jobs back.” He further added that the guidelines laid down by the I&B ministry are more detailed, and they have included a lot of aspects. “The measures are clear in nature. Everyone will know what to do in these circumstances. However, the state government can add or modify policies as per their requirement. States with less number of cases can ease out restrictions, whereas things will be stricter in areas where there are a higher number of cases,” adds Majethia. The Ministry has also advised that no visitors or audiences are to be allowed. In the case of outdoor shootings, necessary coordination has to be done with local police and administration to minimize spectators.

    It is a moment of joy for film and OTT platforms as the Covid2019 halted the shoots at other locations, especially with large crews. "It's great news for the TV and film industry. What's more interesting is that the SOPs suggest some points for the opening of the exhibition. We are now looking forward to the opening of cinemas and getting the whole movie industry back on track," says SVF Entertainment co-founder director Mahendra Soni. Juggernaut Productions chief operating officer OTT-business Samar Khan mentions that the issuance of these SOPSs is a step in the right direction. He adds, “All of us have been eagerly awaiting the resumption of shoots but are also aware that crew safety is of utmost importance, following these guidelines will ensure that we can maintain the highest standards of safety while gradually resuming work.”

    The ministry has also advised the industry to discontinue usage of lapel mics or at least to ensure that these are not shared. It also highlights that costumes, hair wigs, and makeup items for actors should not be shared. The SOPs states that artists should be encouraged to do their hairstyling and make-up remotely with the help of professionals. Panorama Studios run by  Kumar Mangat Pathak and Abhishek Pathak is  a subsidiary of Panorama Studios International. Abhishek Pathak has also directed movies like Ujda Chama and Boond. He thanked the I&B ministry for focussing  on contact minimisation. "We welcome these guidelines. Yes, shooting will be a huge challenge in the Covid2019 era, but I think with vigilance and precautions, we can make a comeback steadily. This decision brings huge relief for industry dwellers whose livelihood depends on the creation of movies, series, and other content." Planet Marathi founder and filmmaker Akshay Bardapurkar who also produced AB Aani CD said that it is great news from the I&B minister himself. “However now with the opening of the shoots it would be great also to see theatres also opening up. He mentions that more than 100 films are stalled, and producers are suffering. I hope that the central government issues SOPs for theatres soon and opens them too,” adds Bardapurkar.

  • Bombay HC orders conflicting parties to present submissions on the validity of sec11 of TRAI Act by 31 August

    Bombay HC orders conflicting parties to present submissions on the validity of sec11 of TRAI Act by 31 August

    KOLKATA: Amid the ongoing tussle between the Broadcasters and the Telecom Regulatory Authority of India( TRAI) regarding the amended new tariff order (NTO 2.0), the Bombay High Court’s division bench comprising of Justice A A Sayed, Justice Anuja Prabbhudesai heard the case on Thursday. The bench has ordered the parties to submit additional submissions on the validity of section 11 of the TRAI Act by 31 August. 

    The bench will hear the matter finally on 2, 7 and 8 September and will pronounce judgment following the hearings. As per today’s order, regulations will remain in force but no coercive steps can be taken by the regulator. It also added the Indian government is at liberty to file an affidavit on the validity of section 11 if needed. 

    Meanwhile, TRAI in a recent notification directed all broadcasters to comply with the provision of NTO 2.0 by 26 August, substituting the earlier timeline of 10 August as the final judgement on the case was expected on 24 August. The confusion regarding the implementation appears to persist as again the pronouncement of verdict has been postponed to next month. 

    Earlier this year,  the power to issue tariff orders by TRAI was challenged by broadcasters when they filed a writ petition on NTO 2.0 against the authority. “Violation of the mandatory principles of Section 11(4) of the TRAI Act and thus acting in a matter that is inconsistent with the TRAI Act, 1997” – was mentioned as one of the broad grounds of the challenge.

  • Emami VS HUL: Bombay high court restrains Emami to not use ‘Glow & Handsome’ trademark until further notice

    Emami VS HUL: Bombay high court restrains Emami to not use ‘Glow & Handsome’ trademark until further notice

    NEW DELHI: In a recent development, the Bombay High Court has restrained FMCG company, Emami, to not use its ‘Glow and Handsome’ trademark till further notice, saying that prima facie Hindustan Unilever (HUL) had used it first in its brand.

    The order was passed by Justice SC Gupte on Monday on an application filed by HUL under the trademark act. HUL’s counsels submitted documents which showed that the mark was adopted by the company in September 2018, and it has also asked for permission from the Food and drug administration to change the name ‘Fair and Lovely’ to ‘Glow and Handsome’, which was cleared on 2 August 2020.

    HUL had recently dropped the word ‘Fair’ from its skin cream product for men and women and renamed it to ‘Glow & Handsome.’

    HUL had approached the court last week seeking to restrain Emami from using the trademark.

    However, Emami claimed that it was the proprietor of this trademark, and was going to launch a skincare cream for men under the same name.

    "… plaintiff (HUL) prime facie appears to be a prior adopter and user of the mark "Glow & Handsome"," the high court said in its order.

    The court noted that the maker of Dove soap and Surf detergent already launched its goods in the market with this trademark whereas Emami was still at the stage of adopting a process of launching its goods.

    "Its (Emami) application for registration of that mark is also of a subsequent date," the order said. It also said that HUL had advertised its brand sufficiently.

    "At this threshold stage, it is reasonable to see that there is a concrete likelihood of confusion and deception in the public, if identical marks are allowed to hold the field for popular and much sold commodities" said the court.

    The judge said that until the final disposal of the matter, Emami deserves to be restrained from using the name ‘Glow and Handsome.’

    The next hearing will take place in two weeks.

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  • TRAI directs broadcasters to comply with the provision of NTO 2.0 by 26 August

    TRAI directs broadcasters to comply with the provision of NTO 2.0 by 26 August

    NEW DELHI: Telecom Regulatory Authority of India (TRAI) in a recent notification has directed all broadcasters to comply with the provision of the New Tariff Amendment Order (NTO 2.0) by 26 August. The broadcasters were previously asked to comply by NTO 2.0 by 10 August but due to the ongoing battle between broadcasters and the regulatory body, the date has been substituted by 26 August.

    The Bombay High Court’s Verdict on the NTO 2.0 case between broadcasters and the TRAI is expected on 24 August.

    The Indian Broadcasting Foundation (IBF) and other broadcasters had approached the Bombay High Court over the Telecom Regulatory Authority of India’s (TRAI) July 24 directive, wherein it has asked all broadcasters to comply with NTO 2.0 by August 10, despite the fact that the matter is sub judice and the final judgment has been reserved by the court.

    In one of the hearing, the case was listed before the original bench comprising Justice AA Sayed and justice Anuja Prabhudesai. While the legal battle is ongoing since long, TRAI citing a regulatory vacuum released a fresh directive on 24 July irking the broadcasters who have already been battling with the impact of the ongoing pandemic.

    It asked broadcasters to publish details including maximum retail price per month of channels and maximum retail price per month of bouquets of channels, the composition of bouquets and also amended reference interconnected offer (RIO) and other details on their website. 

  • Bombay high court’s NTO 2.0 verdict on 24 August

    Bombay high court’s NTO 2.0 verdict on 24 August

    KOLKATA: The Bombay high court's verdict on the NTO 2.0 case between broadcasters and the Telecom Regulatory Authority of India (TRAI) is expected on 24 August. Until then, all parties have agreed to wait before taking any further decision. 

    During a hearing last week, the court asked both parties to follow “gentlemen’s word” and TRAI also assured to not take any action against broadcasters who haven't yet implemented NTO 2.0.

    During Friday’s hearing, the case was listed before the original bench comprising justice AA Sayed and justice Anuja Prabhudesai. While the legal battle is ongoing since long, TRAI citing a regulatory vacuum released a fresh directive on 24 July irking the broadcasters who have already been battling with the impact of the pandemic.

    It asked broadcasters to publish details including maximum retail price per month of channels and maximum retail price per month of bouquets of channels, the composition of bouquets and also amended reference interconnected offer (RIO) and other details on their websites by 10 August.

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  • I&B ministry grants registration to 15 new MSOs in July

    I&B ministry grants registration to 15 new MSOs in July

    NEW DELHI: The ministry of information and broadcasting (MIB) has granted registration to 15 new multi-system operators (MSOs) in the month of July. As per data released by the MIB, the total number of registered MSOs now stands at 1679 as on 3 August 2020.

    MIB issued six MSOs in the month of March, two in April, six in May and four in registrations in June (till 24 June). A total of 48 MSOs have been granted registration in 2020 until now. There are two provisionally registered MSOs now.

    All the granted registrations are valid for a period of 10 years. The name of the companies that were added in the registration list in the two month includes Bharta Cable Network,  Maa Jagdamba Network,  Shiva Cable Communications,  Moka Malleshara Cable Network, New Skynet Digital Services, Vijaynagara Cable Network,  MS Digital Cable Network,  Induandmahadev Broadband, World Phone Infrastructure Services, Shri Vitthal Rukmini Cable Net Service, 4k Digital Communications Pvt Ltd.; Balaji Cable Network, Multicast Communication and Distribution Limited, Rohin Connect and Yupptv Digital India Pvt Ltd.

    The ministry has cancelled three MSO applications in July 2020. 

  • NTO 2.0 hearing postponed, TRAI assures no action till next hearing

    NTO 2.0 hearing postponed, TRAI assures no action till next hearing

    KOLKATA: The uncertainty regarding the implementation of NTO 2.0 prevails, as the broadcasters’ petition against The Telecom Regulatory Authority of India's (TRAI) move to make them comply with the order by 10 August, went unheard for the second day on Friday due to paucity of time. The case has been listed before the original bench for Monday or Tuesday.

    Earlier, the Bombay high court, suspended all the hearings due to heavy rains on Thursday when the matter was listed for hearing.

    According to the sources close to the development, the bench has not passed any order at Friday’s hearing but has listed it before the original bench comprising of Justice AA Sayed and Justice Anuja Prabhudesai. However, TRAI has reassured no action will be taken till the matter comes up before the original bench. 

    While the legal battle is ongoing for a long-time, TRAI citing a regulatory vacuum released a fresh directive on 24 July irking the broadcasters who have already been battling with the impact of the pandemic. It asked broadcasters must publish details including maximum retail price per month of channels and maximum retail price per month of bouquets of channels, the composition of bouquets and also amended reference interconnected offer (RIO) and other on their website.

  • Bombay high court permits persons above 65 years to work on film, TV sets

    Bombay high court permits persons above 65 years to work on film, TV sets

    MUMBAI: The Bombay high court has quashed Maharashtra government’s order for age limit on set. After constant appeal from the Indian Motion Pictures Producers Association (IMPPA) and Cine And TV Artistes' Association (CINTAA), the high court has finally allowed all people above 65 years of age associated with the entertainment industry to resume work on the sets of films and TV shows.

    A bench of chief justice Dipankar Datta and justice AS Gadkari, while hearing two petitions filed by the Indian Motion Pictures Producers Association (IMPPA) and actor Pramod Pandey, have taken this decision.

    The division bench of judges has allowed all producers, technicians, workers and artists to work. However, they will have to strictly adhere to the advisories which are applicable to all senior citizens as is applicable in case of all other citizens in the state.

    Earlier the high court had questioned the state government on the concerned matter and asked how it can stop senior citizens from working and earning a livelihood.

    The court had, during the hearing, appointed senior counsel Sharad Jagtiani as amicus curiae in the matter. IMPPA and television artist Promod Pande were represented by advocate Ashok Saraogi.

    According to IFTPC chairman TV wing JD Majethia there is certain ambiguity in the order. It is Bombay high court’s judgement but the film and television fraternity will also need to have clarification from Maharashtra government. He adds, “The major challenge in this issue is that insurance companies are not giving insurance cover for people above the age of 60 years. And as per the protocols, every member present on the set needs to have Covid2019 insurance cover. We will reach Maharashtra government for clarity, we will also speak to our lawyers to understand the order and will appeal to the government to  revise copy.”

    Earlier IMPPA President TP Aggarwal had stated that  that for all senior producers, directors, actors and technicians the creative medium is the only source of income and the guideline was not practical and was not fair as in no other profession this condition was imposed. After sending requests many times, the association had to move the high court for demanding the rights of earning one’s livelihood for these senior people from the fraternity.

    Apart from that, Cine And TV Artistes' Association (CINTAA) senior vice president and actor Manoj Joshi had met the governor of Maharashtra Bhagat Singh Koshyari to discuss this issue. CINTAA had also sent letters to chief minister Uddhav Thackeray, minister Subash Desai and former chief minister Devendra Fadnavis.
     

  • Tata Sky had the largest pay DTH subscriber base in CY 2019

    Tata Sky had the largest pay DTH subscriber base in CY 2019

    BENGALURU: Telecom Regulatory Authority of India’s (TRAI) The Indian Telecom Services Performance Indicator Report October – December, 2019 says that there were 6.998 crore (69.98 million, 699.8 lakh) direct to home (DTH) subscribers in India as on 31 December 2019 that paid for their subscription. This is in addition to the subscribers of the DD Free Dish (free DTH services of Doordarshan). It is important to note that till March 2019, the subscription figure of the total active subscribers included inactive and temporarily suspended subscribers for not more than the last 120 days. However, as per new regulatory framework of Broadcasting and Cable TV Services, the total active subscribers are now counted to includeonly those subscribers who are inactive/temporarily suspended for not more than the last 90 days.

    This 6.998 crore pay DTH subscriber base was split amongst four players. The TRAI report gave the breakup of pay DTH subscribers as Tata Sky with 31.80 percent, Dish TV with 30.55 percent, Airtel Digital TV Services with 23.31 percent and Sun Direct with 14.35 percent. The numerical break up assuming that the number of subscribers was rounded off to seven crore (70 million, 700 lakh) is Tata Sky 2.23 crore (22.3 million, 223 lakh), Dish TV 2.14 crore (21.4 million, 214 lakh), Airtel Digital TV 1.63 crore (16.3 million, 163 lakh) and Sun Direct one crore (10 million 100 lakh).

    Please refer to the figure below:

    According to the TRAI report, Pay DTH subscriber base in India grew by 0.068 crore (0.6 million or 6 lakh) as on 31 December 2019 to 6.998 crore (69.88 million, 699.8 lakh) when compared to 6.930 crore (69.30 million, 693 lakh) on 30 September 2019. Please refer to the figure below for the quarter-on-quarter change in pay DTH subscriber base.

    Cable TV operators

    The TRAI report says that the country has achieved 100 percent digitisation of Cable TV network. This is a stupendous achievement making India as the only large country where 100 percent digital cable has been achieved through mandatory regulations.

    As on 31st December 2019, there were 1613 MSOs registered with the ministry of information & broadcasting (MIB). Further, as per the data reported by MSOs / HITS operators, there were13 MSOs and one HITS operator who had a subscriber base of more than one million. Details of the total active subscribers of these 13 MSOs and one HITS operator are given in the following table.

    Satellite TV Channels

    A total of 918 private satellite TV channels have been permitted by the MIB for uplinking only/ downlinking only/both uplinking and downlinking, as on 31 January, 2019. The quarter-wise figures of the total number of TV channels is depicted in the chart given below.


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  • I&B ministry’s print media advertisement policy 2020: BOC to empanel publications suitable for issuing ads

    I&B ministry’s print media advertisement policy 2020: BOC to empanel publications suitable for issuing ads

    NEW DELHI: The information and broadcasting ministry issued the print media advertisement policy 2020, effective from 1 August 2020. The objective of the policy guidelines is to maintain a list of approved publications for release of advertisements by empanelling acceptable publications. The bureau of communication and outreach (BOC) will empanel publications which are found suitable for the issue of advertisements of the government of India.

    Publications have been divided into three categories: small publications (circulation up to 25,000 copies per publishing day), medium publications (circulation between 25,001 and 75,000 copies per publishing day) and big publications (circulation of above 75,000 copies per publishing day).

    The policy further explains the procedure of empanelment of publication. It states that there shall be a panel advisory committee (PAC) for considering applications of publications: The composition of the committee will be additional director general (MR & C), BOC- chairman; additional director general (media & communication) in the press information bureau (PIB) – member; press registrar/additional press registrar- member; director/deputy secretary/under secretary in the ministry of information and broadcasting dealing with print media – member; additional director general/director, BOC, in charge of print media policy as convener/member secretary and one representative each from the big, medium and small category of newspapers nominated by the ministry of information and broadcasting–non-official member. The tenure of the non-official member of the PAC would be two years from the date of their nomination by the government.

    The guideline discusses the advertising rates too. It says that the rate structure for advertisements against advertisements released by BOC will be worked out as per recommendations of the rate structure committee. The rates will be related to certified circulation of a publication. It further states that the payment against advertisements released by BOC will be worked out as per rate for advertisements in print media issued by the ministry of information and broadcasting dated 8 January 2019 or any subsequent order in this regard. The rates for advertisements by Maharatna and Navratna public sector undertakings (PSUs) will be 1.5 times the normal BOC rates. For advertisements of other PSUs, normal BOC rates will apply. And lastly, it says that the rates will be valid for three years from the date of revision.

    In the rate contract section, the draft further reads that all empanelled publications will enter into rate contract with BOC on the basis of rate offered and other terms and conditions, as laid down from time to time, to ensure proper and timely publication of BOC advertisements. The rate contract will be valid for a period of two years.

    It specifies if the publication is found to have deliberately submitted false information regarding circulation or If the publication is found to have discontinued its publication, changed its periodicity or its title or have become irregular in publication or changed its address of publication without due intimation and more then it can be suspended from empanelment by Pr. DG/DG, BOC with immediate effect for a period up to twelve months.