Tag: Delhi High Court

  • Prasar Bharati CEO Shashi Shekhar Vempati on SC verdict, pushing DD Sports and DTT

    Prasar Bharati CEO Shashi Shekhar Vempati on SC verdict, pushing DD Sports and DTT

    Shashi Shekhar Vempati is probably one of the youngest CEOs to occupy the Prasar Bharati hotseat.  Additionally, he is the first private sector executive to have got the job. So, media observers expect a lot from him, especially considering his background in Infosys, one of India’s most respected infotech companies.

    And, it is during his watch last month that the Supreme Court issued a verdict upholding the Delhi High Court order which disallowed the pubcaster from sharing with cable operators through Doordarshan (DD) channels the live feed of cricket matches of which private broadcasters ESPN and Star had the exclusive rights. The bench had said under the provision of the Sports Act, the live feed received by Prasar Bharati from content rights owners was only for the purpose of retransmission of signals on its own terrestrial and direct-to-home (DTH) networks and not to cable operators.

    Many would have considered that a loss. But, not Shashi Shekhar Vempati. Clarity and optimism is something you can credit him with. He terms that loss as an opportunity. Read on to get some Vempati-speak as he talks to indiantelevision.com.

    How do you view the verdict of the Supreme Court preventing you from airing sports feeds to private cable TV operators and DTH operators which you share with private sports rights holders?

    The verdict of the Supreme Court on the sports side on the face of it looked like  a setback. And, if you go by the reactions of the viewers to them it was available by default  on Doordarshan. Several matches are not available now.

    But, in reality it was an opportunity.  Many decisions that we just postponed or did not aggressively move on.  Now, there is a real reason to do that. First is on  DD Sports. All along cricket was on DD National. The only sports channel of DD had no purpose or identity, it was just drifting.

    Now we have a reason to make DD Sports the go-to destination for cricket and other sporting events of national importance because of the manner in which the verdict forces us to operate. It creates an avenue  to make DD Sports the place for cricket.

    You cannot air cricket because of the verdict right?

    We will air it. The way the verdict on the act will be operationalised is: the signal sharing for games of national importance is meant for DD’s FreeDish and DD terrestrial. So, we will carry future matches on DD Sports, as a channel available on FreeDish and on terrestrial through DTT.

    Analogue where we have one or two transmitters where we either show DD National or News, there we will ensure that the feed is sports so that one of the transmitters will show the match on analog wherever it is available.

    For the private guys, cable and DTH operators today what are they doing? They are blanking out our screen then they are putting their own commercials, their own promotion. What we are saying is — we will have a separate feed in the future so that they don’t blank out DD National.

    It is atrocious that you can blank out a must-carry channel and put in a commercial message saying “go buy my sports pack.” That we will straightaway address.

    Now because cricket is available on DD Sports, the channel gets a facelift.  Its branding improves – brand recognition goes up. People will have a reason to periodically  tune into DD Sports. So that just takes that channel up. We have enough content on DD National.

     

    Which of the matches will you show?

    Well, the act,…the government has to notify what are the games of national importance.  And a that list is periodically reviewed. As of now it is all home games of India for one day and T20, then the big tournaments like the World Cup, the challenger and ICC trophy and so on.  Then certain tennis matches, certain soccer matches.

    The big thing is the FIFA under-17. The entire 52  or 56 matches we will show. The  government sees it as a big way of promoting soccer.  For the first time they are holding an international event. And if you look at the generation that we want to attract – which is what I have been talking about. Today, there is no mindshare for Doordarshan in the youth as this generation did not grow up with it. They have no memories of Doordarshan, they don’t relate to it.

    Now with FIFA Under-17 being available this soccer crazy young crowd (chuckling) have an avenue to go and see soccer on FreeDish and DD Terrestrial. DD Sports gets a facelift and it gets a mindshare in this demographic  that we have always wanted to attract and bond with.

    Second thing that I get out of this whole thing is that for all those people who think today I cannot watch those matches on DD on either my private cable or DTH…now I have an avenue to go and promote FreeDish and my digital terrestrial which is just languishing in 19 cities which are the main population centres of India.

    Now I am going to tell them you don’t have to buy that Rs 60 or Rs 120 package. Forget about all that, many of your TVs have an inbuilt digital tuner. There are certain models of Sony, LG and Samsung which have them.

    We will educate people that if you have one of these models, you already have a digital terrestrial tuner, all you need to do is turn it on.  And if you don’t have it, here is an app which you can download. And if your mobile is one of these models, using this app and the DVB-T2 dongle, which is available on Flipkart and other ecommerce platforms you can watch the matches.

    Then, there are certain makes of mobile phones where there is an inbuilt DVB chip available in the marketplace.

    The fourth innovation and I have seen certain products, there are some startups working on it: you need to plug in this hotspot, into the wall, it will get the DVB signal, it will create the wifi – and on all your devices at home you can watch it as a TV channel. We will say these products can support your app.

    How will you monetise the DTT signal?

    When we do the rights sharing under the act , the rights holder and DD both bid on who gets to market the inventory. The highest bidder then gets the rights to sell the entire FCT for the matches on DD DTT and DTH. But the sharing is 75:25.

    Now DTT becomes a new viewership base. So, for the advertisers it is a new way of connecting to the consumers. To me it is new medium to be clipped to the viewership and it’s something where we have a traditional strength because nobody else has terrestrial. We will see how that goes.

    How do you see FreeDish progressing?

    The biggest challenge with FreeDish was that STBs were not  addressable and the signals were not encrypted.  Now for a long time we have had this project to move to MPEG4…the infrastructure is in place, but it required a new STB. That spec was tendered out, iCAS was brought in. Now those boxes are getting ready and soon they will be rolling out. The biggest challenge was what was the motivation for a customer who has an MPEG 2 FreeDish STB to switch to MPEG 4. Now there is a reason, because we can go to the audience and tell them that if you want to watch cricket or any of the sports which you don’t want to pay for your Tata Sky or Dish TV or Videocon or whatever, here is a new iCAS box, it gives you all of these features. That’s another promotional avenue for me. So I am getting two promotional avenues and I am getting to rebrand and relaunch my DD Sports. So in a sense what was a setback in one aspect has opened up opportunity for me.

    One interesting thing that the TRAI is now pushing is the open STB standard with a return path. I think the return path is going to be interesting. It is going to be important for several reasons: for audience measurement, and we would all want interactivity.  Through the regulator’s efforts, and maybe a common standard – and if everyone supports that, it can bring now the price point.

    DD Kids is something which was to be launched?

    There are several ideas. And we will look at each one of them in time.

    What other steps are you taking?

    We have taken some measures following the board meeting recently. It was a long pending board meeting. A lot of decisions were taken. One of the decisions was analog.  We will start sunsetting analog. And that frees up resources. Frees up manpower. Frees up certain operating funds. Those can be put to use in areas where we definitely need a lot of things to be done.

    Information technology being a long pending area where we have not invested. Digital is another area. Then there is the sheer creativity in programming which has come down. The quality of in-house programming has come down drastically. So that requires us to invest in the right talent so we can bring it back in-house.

    DD is the largest network, it has 30,000 people and above… but it has the largest network. We have challenges that nobody else has.

    I chanced upon this report. There was a committee set up in early 2000, late nineties, led by Mr Narayana Murthy which looked at Prasar Bharati (one of the many reports). And, very interestingly, they had a chapter on engineering: they looked at the number of engineers to transmitter ratio, they said this is the highest in any country. That means there is very little automation.

    So, clearly there is a lot of opportunity to get this great talent out and put them to problems which require real attention – be it IT, be it digital, be it reskilling them and repurposing our workforce.

  • Karti told to move petition relating to INX Media in Delhi High Court

    Karti told to move petition relating to INX Media in Delhi High Court

    NEW DELHI: Karti Chidambaram, son of former Union Minister P Chidambaram, will have to go to the trial court or the High Court in Delhi with his petition seeking to quash a Central Bureau of Investigation FIR in a bribery case involving INX Media.

    The Madras High Court today said the case does not come under its jurisdiction and the Delhi High Court has territorial jurisdiction in this case.

    Karti had moved the court after a Supreme Court order asked him to appear before the CBI in its New Delhi office on 23 August, to help the investigating agency with its probe on the alleged kickbacks that his company, INX Media paid to get clearances from the Foreign Investment Promotion Board.

    Karti had told the Supreme Court that he is ready to appear before the agency today itself, but needs protection. While directing him to appear before the CBI, the SC told Karti to carry with him all documents necessary.

    The Madras High Court, in an earlier order this month, had stayed the Look Out Circular (LOC) issued against Karti and four others. The Supreme Court had later said that it would review the HC order cancelling the LOC issued by Foreigner Regional Registration Officer (FRRO).

    On 16 May, CBI raided the Chidambaram residence in Chennai, along with 13 other locations in New Delhi, Gurugram, Mumbai and Chandigarh. The raids were regarding a 2007 case in which INX Media had allegedly paid bribes to get an FIPB approval.

    While the clearance granted was only for Rs 40 million, the actual foreign investment was reportedly much higher. An FIR was filed against Karti, Indrani Mukherjee and Peter Mukerjea, who owned INX media.

  • Govt rules out TV channel categorisation (updated)

    NEW DELHI: The government has ruled out categorisation of TV channels, fixing telecast time and framing code of conduct for contents of various serials and other telecast, the Parliament has been told.

    Minister of state for information and broadcasting Rajyavardhan Rathore said the programmes and advertisements telecast on private TV channels are required to be in conformity with the Programme and Advertising Codes prescribed in the Rule 6 and 7 of the Cable Television Networks Rules 1994.

    Rule 7(11) of the said rule provides that “No programme shall carry advertisements exceeding 12 minutes per hour, which may include up to 10 minutes per hour of commercial advertisements and up to two minutes per hour of a channel’s self-promotional programmes.”

    Meanwhile, the Delhi High Court is to hear on 11 October the case challenging the ad cap on television channels.

    In the hearing on 29 March 2016, a plea was made on behalf of the information and broadcasting ministry that a proposal was being contemplated to amend the relevant provision relating to limiting ads to 12 minutes an hour. The petition has been filed against the Telecom Regulatory Authority of India and the Union Government by the News Broadcasters Association (NBA) and other stakeholders.

    The court has already directed that the order that TRAI would not take any action against any channel pending the petition would continue. In an earlier hearing, the court had, at the regulator’s instance, directed that all channels keep a record of the advertisements run by them.

    The NBA had challenged the ad cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels. Apart from the NBA, the petitions have been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamorous, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.

    Also read:   

    TV adcaps case in Delhi HC deferred to 20 April

    127 channels violating 12 min/hr ad-cap rule, TRAI releases details

    Copyright owners call for competitive pricing over TRAI regulation

     

  • Supreme Court stays order on entertainment tax by LCOs

    NEW DELHI: The Supreme Court today stayed an order of the Entertainment Department of Delhi Government that entertainment tax should be paid by local cable operators with effect from 1 April 2013.

    The division bench of Justice Ranjan Gogoi and Justice Navin Sinha issued notice to multi-system operators and the Delhi Government to file their replies and listed the matter to come up on 1 September 2017.

    It was alleged by some associations of local cable operators – All Local Cable Operators Assciation, All Delhi Local Cable Operator Association, Cable Operators Welfare Association and Walled City Cable Operators Association — that they had earlier been paying entertainment tax to the MSOs but this had not been deposited with the Delhi Government.

    Meanwhile, some MSOs had approached the Delhi High Court challenging a directive of the Government of 17 December 2012 relating to DAS. In its ex-parte order, the Court on 9 March this year said that MSOs who had subscribers directly linked to them would pay the tax while the LCOs would pay for the subscribers linked to them.

    Consequently the Delhi Government had issued notices to the LCOs to deposit the tax from 1 April 2013 onwards.

    The LCOs thus alleged that this amounted to double taxation as they had already paid the entertainment tax to some of the MSOs who allegedly did not pay to the Government.

    Until 1997, the LCOs had been paying the tax but later this was passed on to MSOs to be paid. Later the Aam Aadmi Party government had doubled the tax from Rs 20 to Rs 40 in 2014.

  • Shashi Tharoor files defamation case against Arnab Goswami’s Republic

    NEW DELHI:On Friday, the Delhi High Court gave some relief to Republic TV’s Arnab Goswami in a case of IPR theft filed by Times of India group, but was petitioned by Congress leader and Thiruvanthapuram MP Shashi Tharoor who filed a defamation case against Goswami and his Republic.

    Tharoor in the petition has claimed from Goswami damages and compensation of Rs 20 million (Rs 2 crore) for allegedly making defamatory remarks towards him while airing news on Republic TV relating to the death of his wife Sunanda Pushkar. The case would be taken up on Monday.      

    According to a PTI report, Tharoor has also sought a direction from the high court to restrain the TV channel from broadcasting any show relating to the death of his wife till the investigation is completed by the Delhi Police.

    While the news was broken by a TV news channel, Tharoor used the channel’s tweet on the development to confirm by tweeting: “Pleased to confirm this story. We filed today in Delhi High Court. Had enough of his campaign of calumny.”

    The Congress leader, in his lawsuit, has made Goswami and Arg Outlier Media- Asianet News Private Limited, the company which owns Republic TV, as parties. The petition referred to the broadcasting of news items from 8 to 13 May 2017 when the TV channel claimed to air an expose connected to the death of Pushkar, PTI reported.

    “It is not out of place to say that defendants (Goswami and TV channel) broadcast news reports and alleged expose’ which were intended to lead the viewers to believe that the deceased was murdered either by plaintiff (Tharoor) or at the instance of the plaintiff.  Such a broadcast clearly has the potential of adversely impacting the ongoing investigation into the death of the deceased,” PTI quoted sections of the plea in the high court.

    However, Goswami seemed to remain unfazed on Friday. Via Republic TV’s Twitter handle he sent across his message on the civil defamation case to the world.

    “The people of India know that Sunanda Pushkar was murdered and Republic TV has a right to investigate the case,” Goswami said in a tweet, adding in another emphatically: “Determined to pursue the truth in the Sunanda Pushkar murder case, despite Tharoor’s attempts to block us.”  

    Sunanda Pushkar was found dead in a suite of a five star hotel in south Delhi under mysterious circumstances on the night of 17 January, 2014.

    ALSO READ:

    Delhi HC refuses to entertain injunction sought by Times group against Republic TV

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

  • India Today gives its POV on Republic TV writ petition

    MUMBAI: TV Today which runs a clutch of channels, including the English language news channel India Today, announced that it has withdrawn its petition in the Delhi high court against the Arnab Goswami-led Republic TV.

    In a note sent out to the media, the network said that Republic TV had assured the Delhi high court that it does not do multiple placement of its channels in different genres in response to India Today’s writ petition in the capital’s High court naming Republic TV, the ministry of information & broadcasting, TRAI and BARC as respondents a week ago.

    Based on that assurance, and the fact that TRAI is investigating channels allegedly doing multiple placements, India Today, says it decided to withdraw its petition.

    India Today has further stated in the note that “anything to the contrary suggested by Republic TV is a patent distortion and misrepresentation of the Delhi High Court order.”

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

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

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

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

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

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

    ALSO READ:

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

  • India Today Online is TVTN’s wholly-owned subsidiary now

    MUMBAI: India Today Online Private Limited (ITOPL) has now become a wholly-owned subsidiary of TV Today Network Ltd.

    India Today Online, on 28 March 2017, issued and allotted 1,99,20,000 equity shares of Rs. 10 each to Living Media India Limited (LMIL) which constitutes 21.01% of the paid-up share capital of ITOPL, against the loans and advances made by LMIL to ITOPL.

    T.V. Today Network (TVTN) entered into an agreement to gift with LMIL on the same date, i.e. 28 March, 2017, under which the TVTN will acquire 1,99,20,000 equity shares of ITOPL of Rs. 10 each (representing 21.01 per cent of the paid-up share capital of ITOPL) from LMIL by way of gift upon completion of procedural requirements under the agreement to gift.

    After the aforesaid acquisition, TVTN will hold 100 per cent of the issued and paid-up share capital of ITOPL.

    In a separate earlier report, TV Today Network stated that it shall not undertake the agreement, entered into with Entertainment Network (India) Limited, to sell three Metro FM Radio stations, as was earlier approved by the board. TV Today had inked a deal to sell seven Oye FM radio stations to ENIL which operates Radio Mirchi. However, MIB did not approve sale of three stations and the matter went before the Delhi High Court. Such sale agreement was subject to the approval of the MIB or an order from the Delhi High Court allowing the sale of Metro Radio stations whichever is earlier.

    Also Read:

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  • Free Jio: TDSAT reserves order on appeal for stay

    MUMBAI: Telecom tribunal TDSAT has reserved its decision on an interim appeal seeking a stay on Reliance Jio’s free promotional offer. TDSAT reserved its order after hearing all the parties concerned including the incumbent operators Idea Cellular, Bharti Airtel, Jio and the regulator TRAI. Jio, however, maintained that it did not violate any tariff orders in giving out two promotional offers.

    Separately, Vodafone India had moved the Delhi High Court blaming TRAI to be acting as a mute spectator to Jio’s violations of regulations and IUC norms.

    Before TDSAT, Airtel had sought a stay on TRAI’s sanction to Jio to continue with the free promotional offer. Airtel had also alleged that TRAI is “perpetuating illegality” by allowing the 4G entrant to game the IUC regime by allowing Jio to offer free data and voice services. Idea had subsequently moved the tribunal.

    Both had also requested for a direction to TRAI to furnish records related to the authority’s decision. The appeal had also appealed for restraining Jio from offering its consumers the zero tariff plan and other promotional offers.

    Jio commercially launched on 5 September 2016 with inaugural free services, which it extended in December till 31 March, 2017.

    The regulator had on 31 January, 2017, said that Jio’s free plans were not the violation of the regulatory guidelines on promotional offers. It added that its examination found that the 4G entrant’s ‘Happy New Year Offer‘ launched on 4 December, 2016, is different from the Welcome Offer, thereby it could not be treated as an extension of the promotional offer as the benefits were different.

    Jio will now however start charging its customers for its mobile services from 1 April, 2017. The telco had also launched 10 Prime packs of users that join the network before 31 March, 2017, and had also launched a buy one get one free offer for Jio Prime users.

  • Plea against Jio’s free offer coming up in HC

    MUMBAI: The Delhi High Court will be hearing a plea filed by Vodafone India alleging that the Telecom Regulatory Authority of India had failed to stop Reliance Jio Infocomm Ltd’s (RJio)’s what it called “blatant violation” of tariff orders, directions and regulations by allowing it to go on with its free offers.

    On 30 January, Vodafone had moved the court alleging that TRAI failed to implement the telecom department’s (DoT) circulars.

    Earlier, Idea Cellular and Bharti Airtel had moved TDSAT (Telecom Disputes Settlement Appellate Tribunal) alleging that TRAI had been a mute spectator to the violations committed by Jio.

    Race in the telecom industry meanwhile is getting intense. Airtel may now let customers enjoy free domestic roaming.The new offer seems to be in response to Jio’s introduction of new pricing plan. Airtel has reportedly decided to do away with national roaming charges on its network for both, internet services and calls. A formal announcement is yet to be made. The decision would benefit Airtel’s about 268 million customers.

    Meantime, a PwC report said the road ahead for Indian M&A seemed to be brightly illuminated. As per the report, PTI reported, the recent deals indicated an imminent need for consolidation in various sectors, sale of distressed assets by debt-laden companies and simplification of widely dispersed group companies. The report stated several sectors in India are in consolidation mode. For instance, it said, the telecom sector (Reliance Communications announced the acquisition of MTS India from Sistema).

    Also Read :

    Jio crosses 10-cr subs mark, offers prime membership for Rs 99

    TRAI violations query: Reliance Jio mum on ‘response’

    Jio HNY: TDSAT raps TRAI as contest deepens