Category: Regulators

  • Sapphire Media wins BIG 92.7 FM; gets favourable order from NCLAT

    Sapphire Media wins BIG 92.7 FM; gets favourable order from NCLAT

    MUMBAI: It’s a big – actually Big 92.7 FM –  win for Haryana-outdoor firm and Indian Daily TV channel  owner Sapphire Media. It has got a favorable order from the National Company Law Appellate Tribunal (NCLAT) for it to acquire the Reliance Broadcast Network run radio network Big FM 92.7.

    The principal bench of the NCLAT, Delhi on Monday dismissed the plea filed by Radio Mirchi, Orange FM and others against the NCLT judgement which approved the resolution plan of Sapphire Media for Big 92.7 FM.

    The NCLAT Bench comprising chairperson  justice Ashok Bhushan and (technical) member Barun Mitra in its order today said that “in view of the foregoing discussions and conclusions, we do not find any ground to interfere in the order of NCLT dated 06.05.2024 impugned in the above appeals. In result, all the appeals are dismissed.”

    Earlier, the NCLT bench comprising technical member Madhu Sinha and judicial member Reeta Kohli had approved the resolution plan submitted by Sapphire Media in its order dated 6 May  2024. As per the plan, Sapphire Media would  pay Rs 261 crore to secured and operational creditors against the total claims of Rs 947.5 crore.

    The resolution professional subsequently filed an application with NCLT Mumbai seeking approval of Sapphire Media’s resolution plan.

    Big FM 92.7 FM , owned by Reliance Broadcast Network, has been going through the insolvency process since February 2023.. It is the country’s largest radio network with 58 stations and a reach of over 1,200 towns and 50,000+ villages will reinforce Sapphire Media’s aggressive expansions plans in the media space.

    Sapphire Media is promoted by Aditya Vashistha and Kaithal-based businessman Sahil Mangla. Sapphire media runs a national Hindi news channel in name of India Daily and is one of the biggest outdoor advertising companies in India.

  • Central Bureau of Communication issues advisory for pvt TV channels

    Central Bureau of Communication issues advisory for pvt TV channels

    MUMBAI: The  days are being counted down for TV channels looking to get some revenue through the  Indian government’s ads and spots on television. 

    According to the central bureau of communication (CBC)  wing of the ministry of information and broadcasting 552 channels had been empaneled with it three years ago  and as per its policy renewal guidelines the earlier empanelment is valid only till 31 December 2024.

    Last week, the CBC  once again sent out an advisory reminding private TV channels which had not re-registered themselves  to do so before the last date.

    Only TV channels empaneled with it will qualify to receive government advertising and its social development or messaging spots

    government of india spots

    .

    The CBC also clarified that 15 channels which had empaneled with it as of 1 January 2024 need not reapply for empanelment but they would need to update their documents.

    The last date for renewal of empanelment was actually 17 December but the CBC had given another extension to the private TV channels.
     

  • MIB  & the business of TV channel licensing in 2024

    MIB & the business of TV channel licensing in 2024

    MUMBAI: The Indian government has rejected more than half the number of licence applications it has approved  in 2024. This was revealed by the information & broadcasting minister of state L. Murugan in the Rajya Sabha on 20 December 2024.  This was in response to a question posed in the upper house of parliament. 

    According to him,the  I&B ministry rejected 13 applications for channel licences in 2024, the highest number in the past five years. It has approved 22 applications for licences and renewed 34 of them in 2024. 

    The number of channel licence applications approved in 2024 was twice the number that were given the green light in 2023. .

    2024 is also the year when the MIB cancelled the least number of TV channels in the past five years. The figure for 2024 is only one, while in 2021 it cancelled 24 TV licences.

    Since, 2020 the government has rejected 34 applications for channel licences, of which 13 are accounted for by the rejections in 2024. 110 new channel licence applications have been approved since 2020, while 269 channel licence renewal applications were approved.  

    The list of channel licence applications approved, renewed, rejected and cancelled. as given by L. Murugan in the Rajya Sabha is in the table below:: 
     

    Status of tV channel licence applications

  • Digital dreams take flight: IDS 2025 is around the corner

    Digital dreams take flight: IDS 2025 is around the corner

    MUMBAI: Get ready to plug into the pulse of innovation!

    If you’re a tech enthusiast with an insatiable curiosity for all things digital, mark your calendars. The India Digital Summit (IDS), the crown jewel of the Internet and Mobile Association of India (IAMAI), is back for its 19th edition. Slated for 16-17 January 2025 at the vibrant hub of Aerocity, New Delhi, this year’s summit promises to be a game-changer. With the theme “Bharat’s Digital Path: Empowering Future Innovators”, the event is set to chart the course of India’s digital revolution.

    In collaboration with the Ministry of Electronics and Information Technology (MeitY) and digital India, this powerhouse conference will bring together the brightest minds, cutting-edge tech, and transformative ideas to fuel the next wave of innovation.

    Get ready to witness the future unfold, one byte at a time!

    IDS is India’s largest and oldest digital ecosystem conference, bringing together policymakers, senior executives, academicians, and industry experts to discuss opportunities and challenges across digital sectors. This year’s summit will host over 300 sessions across 17 tracks, addressing domains such as advertising, artificial intelligence, eCommerce, education, and tech innovations for health, rural areas, and sports.

    The event will feature more than 15,000 delegates and include a 100-stall exhibition where over 50 leading digital brands will showcase cutting-edge innovations. Attendees can participate in diverse activities like workshops, masterclasses, hackathons, roundtables, and industry meet-ups, creating a unique blend of insights and networking opportunities.

    A special focus on startups will highlight startup street and startup pitching sessions. These initiatives will allow emerging entrepreneurs to present live demos, engage with investors, and seek funding and partnerships.

    IDS 2025 will also host the prestigious India Digital Awards (IDA), adjudicated by a panel of over 40 industry leaders. Now in its 15th edition, the awards will honour digital excellence across four categories and 47 subcategories. Additionally, the Digital Responsibility Awards (DRA) will return for its second year, recognising significant contributions to bridging India’s digital divides.

    Gold partners for IDS 2025 include PhonePe, Australia Trade and Investment Commission, IDA Ireland, Jagran New Media, and Exotel, while Route Mobile serves as the cloud communications partner. Silver partners include Shiprocket, Times Internet, and TV9 Network.

    Speaking about the summit’s significance, IAMAI underscored its role in driving India’s digital narrative while addressing persisting challenges in bridging the digital divide.

    For further details, visit: India Digital Summit

  • Clear rules, bold frontiers: TRAI’s move to redefine international traffic

    Clear rules, bold frontiers: TRAI’s move to redefine international traffic

    MUMBAI: Clear rules don’t stifle innovation – they build trust and confidence in uncharted territories.

    In a landmark step poised to reshape India’s telecom landscape, the Telecom Regulatory Authority of India (TRAI) has introduced decisive recommendations to end the long-standing ambiguity surrounding the definition of international traffic. This long-awaited announcement, marked by relief and anticipation, is set to bring much-needed clarity and precision to the sector, fostering trust and confidence among stakeholders.

    Born out of a Department of Telecommunications (DoT) directive in August 2022, this pivotal development under Section 11(1)(a) of the TRAI Act, 1997, serves as a beacon of regulatory guidance. As the telecom industry ventures into uncharted territories of innovation and globalisation, these guidelines promise a clearer framework to distinguish between international and domestic SMS traffic—ushering in a new era of operational transparency and accountability.

    In line with its mandate, TRAI conducted extensive consultations through its paper released on 2 May 2023. The process engaged 20 stakeholders for comments and seven for counter-comments, followed by an open house discussion in August. These comprehensive efforts culminated in the establishment of robust definitions aimed at eliminating inconsistencies in the classification of SMS traffic.

    Key recommendations:

    1    Definition of International Traffic:
        “International traffic” is now defined as telecommunication traffic originating in one country and terminating in another, with one country being India.

    2    Definition of International SMS:
        An “International SMS message” constitutes international traffic delivered using SMS. Additionally, an explanation specifies that any incoming application-to-person (A2P) SMS requiring electronic devices or systems outside India will also fall under this category.

    3    Definition of Domestic Traffic:
        “Domestic traffic” encompasses all traffic originating and terminating within India.

    4    Definition of Domestic SMS:
        “Domestic SMS” is defined as domestic traffic transmitted via SMS.

    TRAI’s clear delineation between domestic and international SMS ensures fair treatment across telecom service providers and eliminates potential misuse of classifications. It also strengthens compliance with India’s telecommunication licensing framework.

    The recommendations are poised to enhance transparency and efficiency in the telecom ecosystem. By safeguarding revenue streams and simplifying compliance for telecom operators, this move aligns with TRAI’s vision to fortify India’s telecom sector in the digital age.

  • The state of vulgar ads on TV, according to I&B minister of state L. Murugan

    The state of vulgar ads on TV, according to I&B minister of state L. Murugan

    MUMBAI: Marketing professionals continue to cross the line as far as ads are concerned on TV. But there are enough  built-in regulatory checks  to reign them in. At least that’s what appears to be, the case, considering  the written reply given to the Rajya Sabha by minister of state for information & broadcasting L. Murugan on 7 November. . 

    Some 73 complaints were  received by regulatory bodies against vulgar and obscene TV advertisements on TV channels over the past three years, he said. But all  violations were addressed through  a three step grievance redressal  process.   The first, self-regulation by broadcasters. The second step being self-regulation by self-regulating bodies of the channels. The final level is an oversight mechanism of the government through the I&B ministry. 

    The measures taken at the central government level include the issuance of advisories, warnings, apologies and off air orders against guilty parties. 

  • TRAI’s audit debate unveils industry turmoil

    TRAI’s audit debate unveils industry turmoil

    MUMBAI: What happens when expectations collide with cold, hard realities? The Telecom Regulatory Authority of India’s (TRAI) latest open house discussion (OHD) on the audit clauses of the Interconnection Regulations, 2017, pulled back the curtain on a brewing storm. A room teeming with stakeholders—digital platform operators, broadcasters, and industry leaders—revealed not just simmering discontent but also deep cracks in the system. Amid heated debates, calls for stricter penalties for defaulters clashed with the ongoing struggle to implement regulations effectively, leaving behind a mixed trail of frustration, hope, and hard questions.

    The discussion, which saw limited participation from broadcasters, revealed persistent gaps in compliance. All India Digital Cable Federation (AIDCF) secretary general, Manoj Chhangani called for stringent action against non-compliant multi-system operators (MSOs). “Broadcasters should be strictly prohibited from providing TV signals to MSOs who fail to conduct audits,” he asserted, suggesting public disclosure of defaulters on broadcasters’ websites.

    Siti Networks head of legal and regulatory department, Girish Bhuttan echoed Chhangani’s sentiment, advocating financial penalties and potential license cancellation for repeat offenders. However, Bhuttan expressed scepticism about the lack of enforcement, stating, “We have not seen any action against those not implementing these provisions. If not enforced, these rules lose their significance.”

    On the other hand, Consumer Care Society secretary, Gopal Ratnam cautioned against moves that might affect consumers, terming them “anti-consumer”. Ratnam predicted legal challenges if broadcasters disconnected signals for non-compliance.

    Broadcasters criticised the lack of transparency and enforcement, citing a history of excuses from DPOs, ranging from software issues to falsified audit reports. An industry veteran noted that 90 per cent of audits were either incomplete or improperly conducted in the past five years. “Denying or delaying audits is akin to saying, ‘Take the product and forget about it’”, the veteran said.

    Broadcasters also raised concerns over the quality of audit personnel, with many reports prepared by inexperienced trainees. To address this, the Indian Broadcasting & Digital Foundation (IBDF) proposed giving broadcasters primary rights to conduct DPO audits. “This would reduce the burden on smaller DPOs and ensure greater transparency,” said IBDF secretary, Radhakrishnan Nair.

    Industry participants emphasised the need for a structured approach to audits, better training for auditors, and stricter penalties for non-compliance. While some suggested collaboration with TRAI to refine the framework, others expressed doubts about the efficacy of current recommendations.

    As the discussion concluded, broadcasters reiterated the necessity of reforms to safeguard their revenues and maintain system integrity. With TRAI planning an open house discussion to finalise recommendations, the industry remains divided on how to balance enforcement with consumer interests.

  • FICCI, IBDF oppose TRAI’s proposed framework for broadcasting under Telecom Act

    FICCI, IBDF oppose TRAI’s proposed framework for broadcasting under Telecom Act

    MUMBAI: Imagine walking a tightrope without a safety net, knowing that a single misstep could send you plummeting.

    That’s exactly the precarious position the Telecom Regulatory Authority of India (TRAI) finds itself in after daring to blur the lines of its statutory jurisdiction. Like a rebellious teenager ignoring well-meant advice, TRAI’s bold move to propose a framework for regulating broadcasting services under the Telecommunications Act, 2023, has sparked a firestorm of backlash. Industry heavyweights, including the Indian Broadcasting and Digital Foundation (IBDF) and the Federation of Indian Chambers of Commerce & Industry (FICCI), are up in arms, accusing TRAI of overstepping its authority by attempting to shoehorn content regulation into licensing conditions. The result? A Pandora’s box of controversy that could reshape the broadcasting landscape.

    IBDF and FICCI argue that content regulation should remain under dedicated legislation, overseen by the Ministry of Information and Broadcasting (MIB), and not be conflated with telecommunications services. TRAI’s role, they assert, should focus solely on carriage-related aspects such as signal transmission and spectrum allocation.

    IBDF’s submission criticised TRAI’s proposal as an overreach. “The framework attempts to regulate content, which is beyond TRAI’s jurisdiction as defined by the TRAI Act, 1997,” IBDF stated. The association emphasised that Section 11(1)(a) of the TRAI Act limits TRAI to recommending licensing terms and conditions, not fundamentally altering the regulatory structure of broadcasting.

    Similarly, FICCI highlighted the historical context, noting that broadcasting was placed under telecommunication services in 2004 as a stopgap measure to regulate distribution services. “Broadcasting is a distinct sector, and equating it with telecommunications disrupts industry operations and consumer satisfaction,” FICCI stated.

    The News Broadcasters and Digital Association (NBDA) also opposed the move, cautioning that the framework could impose restrictive telecommunications-style authorisations on broadcasting. “TRAI should collaborate with MIB to develop a coherent strategy that avoids overregulation and supports self-regulation mechanisms for content,” NBDA recommended.

    Both IBDF and FICCI called on TRAI to focus on carriage issues and exclude content from the proposed framework. FICCI further suggested strengthening self-regulation for content and maintaining the sector’s distinct regulatory framework under the MIB.

    TRAI has concluded the consultation process and will announce the date for an open house discussion with stakeholders to finalise the framework.

  • Finally, US court orders south Asian pirate Jadoo TV to shut down

    Finally, US court orders south Asian pirate Jadoo TV to shut down

    MUMBAI; While Jadoo is  a character we all recall very fondly from the Hrithik Roshan film Koi Mil gaya, the service called Jadoo has been one of the most hated in the world of pay TV. Especially by south Asian broadcasters and platforms in the US. 

    Jadoo TV was one of the most popular providers of pirated south Asian content to global audiences and it distributed its service through Jadoo set-top boxes and its mobile application  way back in the previous decade. Many had tried to have it shuttered, but most had failed. 

    However, yesterday, the International Broadcaster Coalition Against Piracy (IBCAP) announced  that a long-running lawsuit against Jadoo TV. and its US-based CEO, Sajid Sohail, has resulted in a final judgment of $24,969,911 and a permanent injunction against Jadoo TV and Sohail individually. Jadoo TV also agreed to permanently cease all operations worldwide by 22 December  2024.  
     
    Earlier in the case, the court granted summary judgment on all claims against Jadoo TV and Sohail, finding them liable for direct, contributory and vicarious copyright infringement. In that ruling, the court determined that. Sohail was personally liable as the guiding spirit behind the infringement of IBCAP member works.
    The court’s s announcement yesterday  follows years of protracted litigation dating back to November 2018, when IBCAP member Dish  Network initially filed the case. 

    The final judgment entered against Jadoo TV and  Sohail is unique in that it not only recognizes significant statutory damages for registered works ($14,550,000), but also a significant monetary award for unregistered works ($10,419,911). Notably, as part of a separate settlement agreement, Jadoo TV and  Sohail agreed to transfer all Jadoo TV customer lists to Dish, transfer all Jadoo TV trademarks and domain names to Dish , and pay Dish $1,500,000 by 25 February 2025.

    “This final judgment and settlement marks the culmination of a six-year legal battle against one of the most popular South Asian services offering pirated content, Jadoo TV, and its CEO, who was found personally liable for the damages caused by his and his company’s copyright infringement,” said IBCAP executive director  Chris Kuelling, “Today’s announcement sends a strong message that the end of the road for a pirate IPTV service is a significant monetary payment and loss of your entire business.”

    Dish had filed the case in in 2018 when Jadoo set-top boxes were widely available online and in retail stores throughout South Asian communities worldwide, including the US  and Canada.

    The case was coordinated by IBCAP and brought by IBCAP member Dish Network only after Dish and  IBCAP sent numerous notices of copyright infringement. 

    The lawsuit included claims for direct, contributory and vicarious infringement against Jadoo TV and  Sohail for airing certain IBCAP member content to which it did not have rights. Evidence for the case was obtained and provided by the IBCAP lab. Prosecution of the case and settlement negotiations were executed by Dish’s outside litigation counsel, Hagan Noll & Boyle, LLC.

  • TRAI implements message traceability for safer sms services across India

    TRAI implements message traceability for safer sms services across India

    Mumbai: Ding, ding, ding—another spam message blows up your phone, drowning your screen in an avalanche of useless promotions. Sound familiar? Worse yet, you might miss that one crucial message buried under this clutter. Frustrating, isn’t it? But don’t fret—TRAI has swooped in like a superhero, armed with a groundbreaking solution to liberate us from this daily chaos. By mandating secure and traceable commercial messaging, the Telecom Regulatory Authority of India is about to transform how we experience SMS communication, making spam and scams a thing of the past. It’s time to say goodbye to the noise and hello to clarity!

    TRAI has implemented robust measures to ensure the secure and traceable transmission of text messages, mandating that all commercial messages must be traceable from sender to recipient. This initiative, aimed at combating spam and fraudulent messages, is set to revolutionise SMS communication in India.

    To facilitate the implementation of message traceability, TRAI issued a directive on 20 August 2024, requiring all Access Providers to deploy the necessary technical solutions. While the initial compliance deadline was 1 November 2024, it was later extended to 30 November 2024 to provide additional time for technical upgrades and chain declarations by principal entities (PEs) and telemarketers (TMs). In a further directive issued on 28 October 2024, TRAI extended the compliance timeline to 10 December 2024.

    TRAI undertook extensive awareness campaigns, engaging sector regulators like RBI, SEBI, PFRDA, and IRDAI, along with central and state government departments. It also conducted webinars, interactive sessions, and email communications in collaboration with access providers to inform PEs and TMs about the new requirements.

    These efforts have yielded significant progress, with over 27,000 PEs already registering their chains with access providers. TRAI has instructed access providers to continue issuing warnings to non-compliant PEs and TMs and ensure that all registrations are completed by the revised deadline.

    From 11 December 2024, any message traffic without a defined or matching PE-TM chain will be rejected. TRAI urges all PEs and TMs to expedite their chain declarations to avoid disruptions in message transmission.

    This landmark measure by TRAI underscores its commitment to fostering a safer digital environment while enhancing trust in SMS communication.