Category: Regulators

  • Tiranga TV criticises govt move to restrict freedom of speech of TV content

    Tiranga TV criticises govt move to restrict freedom of speech of TV content

    MUMBAI: Tiranga TV has criticised the government’s move to censure it, saying it is unjustified. Recently, the Ministry of Information and Broadcasting (MIB) sent a notice to newly launched news channel Tiranga TV regarding telecast of a media briefing of Pakistan army spokesperson major general Asif Ghafoor on the Pulwama terror attack.

    “We have made it clear in our reply that we strongly condemn the attack on our forces and have in unequivocal term criticised Pakistan for patronising terrorism. However, we feel, by issuing the show cause notices to channels for airing the press briefing of Pakistani army spokesperson, the government once again is sitting in judgement upon content of free speech, expressed through the medium of television broadcast,” Veecon Media and Broadcasting Ltd president Deepak Choudhry commented in a reply to the notice.

    After the telecast, MIB warned Tiranga TV for violating the programming code of the Cable TV Networks Act by telecasting prohibitive content. The ministry also laid the logic that for the entire duration, there was no clarification or intervention from the channel on the correctness of the claims being made.

    As per reports, 12 other channels have also received such notices including ABP News, Surya Samachar, Zee Hindustan, TOTAL TV, ABP Majha, News18 Lokmat, Jai Maharashtra, News18 Gujarati, News24, News Nation, Sandesh News and News18 India.

    In a 14 February directive, the MIB warned all private TV channels to strictly adhere to programming guidelines, which came in the wake of the J&K attack. Channels were told not to show content that is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti-national attitudes and/or contains anything affecting the integrity of the nation and ensure that no such content is telecast which is violative of the codes. This was even passed around to channels by NBA, NBSA and IBF.

    The MIB said that Tiranga TV is in violation of the code and also this advisory by telecasting the news piece. Tiranga TV is backed by Congress leader Kapil Sibal and was recently given the permission by the Telecom Disputes Settlement Appellate Tribunal to change its name from Harvest TV to Tiranga TV.

  • TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    TDSAT directs BECIL to conduct re-audit of Skynet’s systems in Uttar Pradesh

    MUMBAI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has asked BECIL to re-conduct the audit of the head end of Skynet Digital Service Pvt Ltd in the state of Uttar Pradesh. The decision has been taken on the request of Sony Pictures Networks (SPN) India Pvt Ltd, who on several grounds has been denying the MSO to cover the whole of the north Indian state. The interim order in this regard, in favour of Skynet, will stand functional till the next hearing that has been scheduled for 11 April 2019.

    Skynet had moved TDSAT with the matter last year stating that there was stiff opposition from broadcasters, including Zee Entertainment and Star India Pvt Ltd along with SPN, when it went ahead to extend its area of operation to the whole of Uttar Pradesh.

    Responding to the case, BECIL had conducted an audit of the head end of the MSO in January 2018 and then again in August 2018.  It was found that Skynet’s system was compliant with the necessary regulations. While the other two broadcasters stood satisfied with the output, SPN was granted the permission to conduct its own audit of the MSO’s systems.

    The audit was conducted in February last year and the report was submitted to the MSO in the month of April. Skynet filed its response to the report in July 2018.

    However, in the latest hearing SPN highlighted a series of issues in Skynet’s system based on its audit, which the latter stated were not incorporated in the earlier audit report submitted to it. The MSO also alleged that SPN is acting in collusion with Den Networks Ltd, which is its competitor in the state.

    SPN stated that though it had entered into an agreement with it as per the interim direction of this tribunal, it is bent upon raising one or the other grievance in the name of audit only to please Den Networks Ltd.

    The three major complaints raised by SPN against Skynet are: “Package Alternation Logs not provided from all the three CAS. Historical package channel composition not provided from two of the CAS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS; On analysing the package-wise channel composition as per the three CAS and SMS, differences were observed in the channel composition of CAS and SMS.”

    As per details, three SPN channels namely, Animax, Sony Aath, and Tez were to be found only in SMS but not in CAS. The broadcaster thus had requested the tribunal that either it should be permitted to conduct the further audit or the three major areas of concern highlighted earlier may be referred to BECIL for its scrutiny, analysis, and opinion.

    Skynet though refuted all the claims made against it by SPN. It has stated that it has no qualms in BECIL conducting an audit of its systems again.

    The tribunal thus noted, “BECIL shall be at liberty to do whatever is required for giving a firm opinion in respect of the three issues noted above and to record its opinion whether the Skynet Digital Service Pvt Ltd’s head-end and system is regulation compliant, particularly, in view of the three allegations noted above. It will be for BECIL to decide what materials are relevant and whether fresh materials are required or not.  The cost of this exercise to be done by BECIL shall be met by the respondent (Sony Pictures Networks India Pvt Ltd), broadcaster for the present. It is expected that BECIL shall submit a report within six weeks.”

  • TRAI asks DTH operator Independent TV to explain tariff plans

    TRAI asks DTH operator Independent TV to explain tariff plans

    MUMBAI: Telecom regulatory authority of India (TRAI), in a letter, has asked direct-to-home (DTH) operator Independent TV to explain whether tariff plans offered by it are as per the new regulatory framework.

    TRAI swung into action in the matter after it received several consumer complaints about the opaque nature of the break-up of Independent TV’s monthly tariff plans.

    “…You are hereby directed to provide all the information in the prescribed format as sought by TRAI…. Further you are also required to provide detailed justification that the present tariff plans, being offered by Independent TV are in line with the new regulatory framework clearly indicating the bifurcation of the Network Capacity Fee and other charges,” TRAI wrote in a letter, according to a report by news agency Press Trust of India (PTI).

    TRAI now wants the DTH platform, which is believed to have 0.83 million subscribers, to come clean on the consumer complaints.

    Recently, TRAI extended the deadline for consumers to select television channels under its new tariff regime till 31 March.

    Subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its statement.

  • JPR Channel approaches TDSAT against TRAI directive on landing page

    JPR Channel approaches TDSAT against TRAI directive on landing page

    MUMBAI: Joining the league of Bennett Coleman and Company Ltd (BCCL) and All India Digital Cable Federation (AIDCF), multi system operator (MSO) JPR Channel has challenged the landing page directives of Telecom Regulatory Authority of India (TRAI) as per its new tariff order. The MSO is worried that the decision might impact its revenue.

    TRAI, in December last year, had barred all broadcasters and distributors of TV channels from placing any registered TV channel whose rating is being measured on the landing page or the boot-up screen. BCCL and AIDCF had challenged the order in Telecom Disputes Settlement and Appellate Tribunal (TDSAT), a few days after the announcement of the order.

    TDSAT has listed all the three matters for hearing on 12 March 2019. It has also asked TRAI to provide a copy of the reply in the other appeal to JPR. JPR can then file a rejoinder within 10 days.

  • Tiranga TV gets MIB show cause notice for airing Pakistani army press conference

    Tiranga TV gets MIB show cause notice for airing Pakistani army press conference

    MUMBAI: The Ministry of Information and Broadcasting (MIB) has warned Tiranga TV for violating the programming code of the Cable TV Networks Act by telecasting prohibitive content. The notice says that Tiranga TV telecast a media briefing of Pakistan army spokesperson major general Asif Ghafoor on Pulwama terror attack between 3.41- 4.02 on 22 February 2019.

    The ministry says that for the entire duration, there was no clarification or intervention from the channel on the correctness of the claims being made. Because of this, it violated two rules:

    Rule 6[1] (e): No programme should be carried in the cable service which is likely to encourage or incite violence or contains anything against maintenance of law and order or which promote anti-national attitudes

    Rule 6[1] (h): No programme should be carried in the cable service which contains anything affecting the integrity of the nation

    In a 14 February directive, the MIB warned all private TV channels to strictly adhere to programming guidelines, which came in the wake of the J&K attack. Channels were told not to show content that is likely to encourage or incite violence or contains anything against maintenance of law and order or which promotes anti-national attitudes and/or contains anything affecting the integrity of the nation and ensure that no such content is telecast which is violative of the codes. This was even passed around to channels by NBA, NBSA and IBF.

    By telecasting the news piece, the MIB says that Tiranga TV is in violation of the code and also this advisory. The channel has been given seven days to respond with a reason why action should not be taken against it.

    In response, Veecon Media and Broadcasting (which runs Tiranga TV) president Deepak Choudhry said, “We were surprised to receive the notice from the I&B ministry. Like all Indians, we are outraged by the terror attack in Pulwama and stand firmly with the armed forces. Our programming has focused on how Pakistan must pay for its patronage of terrorism. The press conference of the Pakistan army spokesman was only carried as part of overall news coverage. We do not subscribe to his views at all and many of our special programs explicitly countered his views. That said, we wonder if we are being targeted. There are channels that have done big interviews with Pervez Musharraf who was responsible for Kargil as well as Shiekh Rashid a known India baiter. These channels have not received any notice. In our channel we have not been calling Pakistani guests for these discussions at all.”

    Tiranga TV is backed by Congress leader Kapil Sibal and was recently given the permission by the Telecom Disputes Settlement Appellate Tribunal to change its name from Harvest TV to Tiranga TV.

    As per reports, 12 other channels have also received such notices including ABP News, Surya Samachar, Zee Hindustan, TOTAL TV, ABP Majha, News18 Lokmat, Jai Maharashtra, News18 Gujarati, News24, News Nation, Sandesh News and News18 India. 

  • Broadcasters split over TRAI’s directive to BARC on TV viewership data

    Broadcasters split over TRAI’s directive to BARC on TV viewership data

    MUMBAI: The latest episode in the ongoing tariff order implementation saga saw industry watchdog and regulator, the Telecom Regulatory Authority of India (TRAI), direct TV ratings monitoring body – Broadcast Audience Research Council (BARC) – to publish ratings and TV viewership data from the week ending 8 February on its website with immediate effect. BARC, which was set up as an industry-funded body, citing the implementation of the new framework, has been releasing the data only to its subscribers. Earlier, the audience measurement firm published the weekly data on its website every Thursday.

    Indiantelevision.com spoke to several broadcasters, none of who wanted to be identified, about the latest development to gain perspective.

    “ISA has already advised that you should not use this data for planning. If there is a transition happening it will reflect in the data. Advertisers need to figure out how they want to maximise their investment in the market place. In my point of view, it (weekly data) should be used as a broad indicator. I’m in the favour of it being published,” the CEO of a news network said.

    “This is the transition period and they (BARC) are not publishing on the site but data is available between all the stakeholders, agencies, clients and broadcaster. In my opinion, the people who are not paying for the data should not get the data,” said another CEO of a news network.

    Recently, TRAI extended the deadline for consumers to select television channels under its new tariff regime till 31 March. Subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its statement.

    “There are two ways to look at it—if the ratings are being published given the level of disruption, advertisers and marketers would want to know what is going on at the ground level. Implementation takes time and some markets may have done more implementation than other markets. So, if the data is viewed in that light then it is fine but if it’s not then it starts becoming a bit of an issue because people will plan based out of an erratic pattern and obviously no one wants that,” argued a business head of a major network.

    The Indian Society of Advertisers' (ISA) executive council had advised its members to not use the BARC data for media buying, planning and evaluation perspective during the transition period, which it feels will stretch up to six weeks.

    “If people view the interim data correctly and look at it and understand what it is over a period of time, then it is fine. But if they make decisions by viewing one week or two week data, then that’s when mistakes will be made. This is why there were two thoughts whether to publish the data or not. But on the other hand, it is good because people will see the progress of whether a channel is up or down. I think people should use this and make plans for the medium to long term,” he further added.

    The sector regulator had asked BARC to furnish compliance by 25 February 2019, "failing which, appropriate action would be initiated" under relevant sections of the TRAI Act.

    “According to me, BARC should publish the data. There’s no logic for them to not publish the viewership data. The only thing here is that consumers may be misguided because of the fluctuating viewership ratings of the channels,” opined the promoter of a regional network.

    According to TRAI, BARC has ignored its previous directives of publishing ratings and viewership data for television channels.

    Several industry watchers told Indiantelevision.com that it was in fact the broadcasters that weren’t keen on weekly data being published on the BARC website.

    “Yes, nobody was in favour of the data being published initially. Now that the system has somewhat stabilised, we are better equipped to tackle potential issues. TRAI’s directive is on expected lines,” said a senior executive of a major broadcast network.

    TRAI held a meeting on Friday with distribution platform operators (DPOs) where it was informed that almost all cable consumers have either made their channel preferences or moved to ‘best fit plan’ under the new tariff regime.

    The meeting was attended by multi-system operators (MSO) and all major DTH players to review the progress of migration of TV viewers under the new framework.

    "According to inputs received by the regulator from players, in the case of DTH services, about 43 per cent customers have made their channel preferences known. When combined with statistics for ‘best fit plan’, this number rises to 57 per cent," stated TRAI secretary SK Gupta.

  • TRAI directs BARC to publish TV viewership data on website immediately

    TRAI directs BARC to publish TV viewership data on website immediately

    MUMBAI:  Industry watchdog and regulator, the Telecom Regulatory Authority of India (TRAI), is cracking the whip on TV ratings monitoring body – Broadcast Audience Research Council (BARC). In a sternly worded letter, TRAI has asked BARC to publish ratings and TV viewership data for the week ending 8 February with immediate effect. TRAI’s directive has come in the wake of the latter's decision to release the weekly data only to its subscribers as opposed to publishing it on the website.

    BARC had cited implementation of the new tariff order as the reason for it not sticking to the norm.

    According to a report by news agency Press Trust of India, the sector regulator has asked BARC to furnish compliance by 25 February 2019, "failing which, appropriate action would be initiated" under relevant sections of the TRAI Act.

    "BARC India has modified its Fair and Permissible Usage Policy in February 14, 2019, even after being repeatedly asked by the authority to not stop publishing of rating data and viewership data on its website during the migration to new regulatory framework until and unless explicitly permitted by the authority and are thus, in contravention of the direction of the authority dated December 21, 2018 and January 14, 2019," the TRAI directive read.

    According to TRAI, BARC has ignored its previous directives of publishing ratings and viewership data for television channels. The regulator said that the audience measurement company had argued that disruption due to migration to a new regulatory framework could prevent consumers from gaining access to channels of their choice, thereby running the risk of an inaccurate portrayal of TV consumption trends in the country.

    Industry sources have told Indiantelevision.com that it was, in fact, the broadcasters who were not keen on the weekly data being published on the BARC website. With fluctuations expected during the tariff order implementation, broadcasters were skeptical about how the weekly data would impact their channels and popular shows especially from a public perception point of view.

    TRAI, however, is opposed to the idea of not publishing the data, which, it feels, is a true reflection of the market changes. BARC’s decision to "withhold" the data is not justified, the regulator pointed out.

    TRAI also highlighted that BARC "failed to furnish any cogent reason for not publishing the rating and viewership data" and that "such action on part of BARC India reflects poorly on the creditworthiness of the data published by them."

    "Now…the authority…hereby directs Broadcast Audience Research Council to immediately release and publish viewership data for the week ending February 8, 2019 and weeks subsequent to it, on its website without any further delay and not to stop it in future also without explicit instruction/direction from the authority or Ministry of Information and Broadcasting…," said the TRAI directive.

    BARC was setup  as an industry-funded body following the drawing up of guidelines for TV monitoring agencies by TRAI and the I&B ministry and is requires registration with the latter.

    Recently, TRAI extended the deadline for consumers to select television channels under its new tariff regime till 31 March. Subscribers that don’t opt for new channels would be moved to ‘Best Fit Plans’, which would be developed as per usage pattern, language and channel popularity, the sector regulator said in its statement.

    Earlier, the Indian Society of Advertisers' (ISA) executive council had advised its members to not use the BARC data for media buying, planning and evaluation perspective during the transition period, which it feels will stretch up to six weeks.

  • TRAI: Almost 100% cable consumers have picked channels in new tariff regime

    TRAI: Almost 100% cable consumers have picked channels in new tariff regime

    MUMBAI: The Telecom Regulatory Authority of India (TRAI) held a meeting on Friday with distribution platform operators (DPOs) where it was informed that almost all cable consumers have either made their channel preferences or moved to ‘best fit plan’ under the new tariff regime, according to a report by the Press Trust of India.

    The meeting was attended by multi-system operators (MSO) and all major DTH players to review the progress of migration of TV viewers under the new framework.

    TRAI secretary SK Gupta said, "According to inputs received by the regulator from players, in the case of DTH services, about 43 per cent customers have made their channel preferences known. When combined with statistics for ‘best fit plan’, this number rises to 57 per cent."

    The DTH service providers have submitted to TRAI that all subscribers of this prepaid platform will be migrated to the new framework in the next 2-3 weeks. TRAI has also emphasised to players that customers should not face any inconvenience or service disruption during the migration process.

    Earlier this month, the regulator had extended the timeline for consumers to make their channel preferences till 31 March 2019.

    “TRAI is urging subscribers to exercise their options to select TV channels of their choice, immediately. DPOs have been instructed to execute the options of subscribers at the earliest,” he said.

  • TRAI directs DPOs to refrain from placing channels outside the genre

    TRAI directs DPOs to refrain from placing channels outside the genre

    MUMBAI: After receiving complaints from TV18 and TV Today Network against Republic Bharat, the Telecom Regulatory Authority of India (TRAI) has directed all distribution platform operators (DPOs) to refrain from placing channels outside their genres.

    TV18 and TV Today Network had written to TRAI that the newly launched Republic Bharat is being placed outside the Hindi news genre to garner higher viewership.

    TRAI stated, “The authority has received many complaints alleging transmission of television channels on dual LCN or placement of television channels by the distributors of TV channels, out of the genre declared by the broadcaster.”

    The TRAI regulations require every broadcaster to declare the genre of its channels such as ‘devotional’, ‘general entertainment’, ‘infotainment’, ‘kids’, ‘movies’, ‘music’, ‘news and current affairs’, ‘sports’ or ‘miscellaneous’.

    It is also mandatory for the distributor to place channels in the electronic programme guide, in such a way that the television channels of same genre, as declared by the broadcasters, are placed together consecutively and one channel shall appear at one place only. The authority has also said that action will be taken against such distributors who fail to comply with the regulations.

    “Now, therefore, the authority, in exercise of the powers conferred upon it under section 13, read with clause (b) of sub-section (I) of section 11, of the Telecom Regulatory Authority of India Act, 1997 (24 of 1997) and in order to protect the interest of service providers and consumers and ensure orderly growth of the sector, hereby directs all distributors of the television channels to ensure that the television channels of same genre, as declared by the broadcasters, are placed together consecutively and one channel shall appear at one place only failing which action shall be taken against such distributors, under the provisions of TRAI Act, 1997,” TRAI concluded.

  • MIB gives licences to 6 new channels

    MIB gives licences to 6 new channels

    MUMBAI: The Ministry of Information and Broadcasting (MIB) gave licenses to six new channels in the month of January and February. The channels are Skystar Bangla, Skystar Telugu, PTC Music, PTC Punjabi, PTC Simran and Zee Classic. All the six channels are under non-news category.

    G-Next Media got the permission for uplinking and downlinking PTC Music, PTC Punjabi and PTC Simran on Intelsat-20 satellite in Punjabi, Hindi and English on 7 February 2019.

    Zee Entertainment Enterprises got the permission for uplinking and downlinking Zee Classic on Asiasat-7 in Punjabi, Hindi and all regional languages on 13 February 2019.

    Skystar Entertainment Pvt Ltd got the permission for uplinking and downlinking Skystar Bangla and Skystar Telugu on Intelsat-20 in Hindi, English, all India scheduled languages and world language on 15 January 2019.

    The number of private satellite TV channels having valid permission in India stands at 885 as on 21 February 2019. 505 channels are non-news and the remaining 380 are news channels.
    In December 2018, MIB gave permission to five channels.