Tag: HC

  • TRP scam: Complete probe against Republic TV within 12 weeks, HC to police

    TRP scam: Complete probe against Republic TV within 12 weeks, HC to police

    New Delhi: In a major relief to Republic TV editor-in-chief Arnab Goswami, the Bombay high court on Wednesday directed the Mumbai police to give three days prior notice in case they intend to arrest him in the TRP scam case. Both Goswami and the channel are listed as “suspects” by Mumbai police in the ongoing investigation.

    The court was hearing the petition filed by ARG Outlier Media challenging criminal proceedings initiated against Republic TV channel and employees in connection with the TV ratings manipulation case. ARG Outlier Media had submitted that the law keepers in Mumbai had "falsely implicated" its channels and employees and the entire case arose out of an “unparalleled political vendetta”.

    Earlier during the hearing today, Republic TV’s counsel Ashok Mundargi submitted before the court that while other channels had also been named, the police were only interrogating Republic TV employees and the channel’s role in the case. He argued that the police had been investigating for nearly four months, but had been unable to get any evidence to book the channel or Goswami.

    Having heard the submissions from both sides, the bench directed that in case the investigating officer desires to summon the petitioner Goswami for inquiry/investigation, he shall give clear notice of three days (excluding holidays) to him. It also added that in case such notice/summons is received by Goswami, he shall appear and co-operate with the inquiry before the concerned investigating officer.

    The interim order also noted that in the course of investigation, if the probing officer has reason to believe that he or she needs to take coercive action against Goswami, clear notice of 72 hours should be given before taking such coercive action, to facilitate the petitioner to approach the competent forum for appropriate reliefs.

    The bench headed by justice SS Shinde also stated that the investigating agency can continue with further investigation, but ordered that the probe against Republic TV should be completed within 12 weeks. The directions come a few days after the court pulled up Mumbai police and asked if it intends to proceed with the investigation against the channel, considering it remains a ‘suspect’ on police records, even after filing two charge-sheets in connection with the case.

    The court also clarified that the investigation cannot be stayed right now since neither the channel nor Goswami are made accused yet and there is no clarity from the investigating agency on the status of whether they will be made accused or not.

    The TRP scam had come to light in October last year when BARC lodged a complaint with the Mumbai police through Hansa Research Group, alleging that certain television channels were rigging TRP numbers by bribing households where BARC bar-o-meters were installed to tune into a particular channel throughout the day. As many as 15 arrests have been made in the case, the most prominent being former BARC CEO Partho Dasgupta, who recently got bail after furnishing a bond of Rs 2 lakh. The arrested people were charged with cheating, criminal conspiracy, and destruction of evidence.

  • Bombay high court questions TRAI on twin conditions, DPO bouquets

    Bombay high court questions TRAI on twin conditions, DPO bouquets

    KOLKATA: Within a very short span of the new tariff order (NTO) implementation, the Telecom Regulatory Authority of India (TRAI) issued a set of amendments at the beginning of 2020. These have been challenged legally by the major broadcasters, and the litigation is still in progress.

    In an interesting twist, at today's hearing yesterday, the bench at Bombay High Court has questioned the relevance of a few important clauses of the regulation.

    The division bench of the Bombay high court comprising Justice AA Sayed and Justice Anuja Prabhu Desai asked whether the twin conditions were placed by TRAI for consultation. The industry regulator had introduced this clause citing “manipulation” of consumer choice by broadcasters.

    Read more news on Trai

    “The sum of the a-la-carte rates of the pay channels (MRP) forming part of a bouquet shall in no case exceed one and half times the rate of the bouquet of which such pay channels are a part. The a-la-carte rates of each pay channel (MRP),forming part of a bouquet, shall in no case exceed three times the average rate of a pay channel of the bouquet of which such pay channel is a part,” TRAI said along with introducing the Rs 12 cap for introducing a channel in a bouquet.

    TRAI has been upholding (amended tariff order) NTO 2.0 for bringing rationality between a-la-carte price and the bouquet price. But several reports have indicated that consumers opted for the distribution platform operator (DPO)-designed bouquets post NTO 1.0.

    Considerably, the bench also mentioned that more than 90 per cent bouquets in the market are DPO bouquets which do not appear to be under the same restrictions as the broadcaster’s bouquets. The bench asked TRAI's counsel to explain how and whether DPO bouquets are bound by restrictions as compared to the broadcasters.

    Giving an example of NTO 1.0 which was implemented without the discount cap on the formation of a bouquet by the broadcasters, the bench asked whether NTO 2.0 could be implemented without some of the provisions.

    Read more news on NTO

    The counsel appearing for TRAI has sought time to respond till the next date of hearing, 8 October.

     It is expected that counsels for the union of India and TRAI will complete their arguments during the next hearing. However, keeping in mind the rejoinder to be made by the broadcasters, the first half of Friday has been kept as reserve time.

    Over the past couple of years, the industry has been overburdened by regulations. According to a FICCI -EY report, NTO 1.0 reduced the number of TV subscribers by 26 million. While broadcasters are reeling from the Covid2019 impact, it is of serious concern how another change will impact the industry. 

  • HC rejects TV Today plea against publishing Republic TV’s ratings

    MUMBAI: The Delhi high court on Thursday evening rejected TV Today’s plea against Republic TV, channel sources told indiantelevision.com.

    Before pulling out of the Broadcast Audience Research Council (BARC India), TV Today Network had approached the Delhi High Court to prevent the publication of Republic TV’s BARC ratings. In a plea under the civil extraordinary writ jurisdiction, the network sought an urgent hearing of the matter on 17 May, a day before BARC India released the data for week 19 (6 –12 May, 2017).

    The prayer had accused Republic TV of telecast on multiple logical channel numbers (LCNs) in violation of of TRAI (Telecom Regulatory Authority of India) regulations.

    TV Today said the court should direct TRAI to finish its investigation in a limited time bound period. The court denied that plea too.

    The court said that this is a matter between broadcasters, MSOs and TRAI. The court did not go into maintainability of TV Today’s case. Said this is a matter for TRAI to look into and take action as per current laws.

    TRAI confirmed in court that it has received complaints against Republic TV and also several including TV Today. It will investigate and take appropriate action.

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

    MUMBAI: “Times Now” Channel owner Bennett Coleman and Company Limited (BCCL), owner of, on Thursday, filed a suit against Arnab Goswami’s “Republic TV” in the Delhi High Court for infringement of intellectual property and violation of contract of employment. After a hearing, the matter was scheduled for next hearing on 26 May.

    The court however questioned BCCL as to why, for over two years, they had not telecast these stories themselves even though they had the information, now allegedly used by Republic TV. Justice Manmohan stated that these stories were of national interest and public disclosure of such stories was important, Bar and Bench reported.

    BCCL said that Arnab and his team were using intellectual property at Republic TV, which they had acquired during the course of their employment with Times Now. BCCL showed the court a few clippings of “Republic TV” telecast regarding the circumstances of Sunanda Pushkar’s death.

    BCCL advocate Rajiv Nayyar stated that Republic TV must not act contrary to the clauses of the contract of employment. He also mentioned that BCCL had already filed a police complaint in Mumbai under sections 378, 379, 403, 405, with sections 406, 409, 411, 414 and 418 of the IPC, besides Section 66-B, 72 and 72-A of the IT Act, alleging theft, criminal breach of trust, misappropriation of property and infringement of intellectual property.

    High Court justice Manmohan issued summons to the defendants Republic TV and observed that it was well settled that an employee had to maintain confidentiality after he left the employment. He also observed that misuse and misappropriation of trade information would amount to infringement.

    However, stating that it was a preliminary stage, and he could not proceed against Republic TV without hearing them, Justice Manmohan questioned BCCL as to why they had not given a notice to Republic TV before marching to court. He also observed that the evidence produced before the court was insufficient, the Bar and Bench report added.

    Justice Manmohan maintained that if it was proved later that there was a misuse of data by Republic TV, appropriate relief would be granted.

  • Star India appeal in SC challenging TRAI’s HC verdict slated for Monday

    NEW DELHI: The Supreme Court is expected to hear on 8 May the appeal by Star India and Vijay TV challenging the order of the Madras High Court refusing to stay the DAS tariff order of the Telecom Regulatory Authority of India.

    A bench headed by Chief Justice J S Kehar had earlier this week said the matter would come up for hearing in due course.  

    Meanwhile, TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) came into effect from 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition by Star India and Vijay TV to be heard on 12 June. However, the court had said Section 3 of the Tariff order and all other consequences of such implementation/enforcement would be subject to the outcome of the main petition.

    The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that actually came under Copyright Act, which is not administered by TRAI.

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year.

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

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

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

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

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

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

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

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

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

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

    Apart from the Tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations which had been issued on 14 October last year, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations which had been issued on 10 October last year. 

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

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

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

  • 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

  • TRAI: HC asks Idea, DoT to file affidavit on plea

    TRAI: HC asks Idea, DoT to file affidavit on plea

    MUMBAI: Idea Cellular Ltd. has moved the Delhi High Court against TRAI’s recommendation to impose a penalty of Rs 950 crore for allegedly not providing interconnection to Reliance Jio (RJIO), even as Department of Telecommunications (DoT) said the plea was premature. 

    The DoT claimed before a bench of the justice Sangita Dhingra Sehgal and chief justice G Rohini that Idea’s petition was not maintainable as the Telecom Regulatory Authority of India (TRAI) had only given a recommendation, PTI reported.

    Additional Solicitor General (ASG) Sanjay Jain, appearing for DoT, opposed maintainability of the plea. Once DoT takes a decision, he said, it could become an appealable order.

    The bench, thereafter, issued notice to TRAI and DoT and asked them to file affidavits on the issue of maintainability of Idea’s plea before the next date of hearing on 21 February.

    Idea, in its request, claimed that it complied with the requirements of RJio for points of interconnections (PoIs). As of 19 January 2016, it allocated 19,175 PoIs to RJio and contended that congestion and call failures were a consequence of RJio’s “gross underestimation” of the traffic, volume, and duration of calls on its network due to its free offers.

    In its plea, Idea has also contended that there was inconsistency between TRAI’s Interconnection Regulations and Quality of Service Regulations.

    Earlier, terming it as “premature”, the central government opposed a plea by the telecom major Vodafone Mobile Services challenging TRAI’s recommendation to impose Rs 1,050 crore penalty for not providing interconnectivity to Reliance Jio.

    The government rejected the plea by Vodafone, which operates in 21 circles, against a penalty of Rs 50 crore per telecom circle recommended by TRAI. The Telecom Regulatory Authority of India had suggested the penalty on grounds that Vodafone had violated terms and conditions relating to points of interconnection among service providers.

    Also Read:  Respond to Vodafone’s TRAI challenge in two weeks, govt directed

  • TRAI: HC asks Idea, DoT to file affidavit on plea

    TRAI: HC asks Idea, DoT to file affidavit on plea

    MUMBAI: Idea Cellular Ltd. has moved the Delhi High Court against TRAI’s recommendation to impose a penalty of Rs 950 crore for allegedly not providing interconnection to Reliance Jio (RJIO), even as Department of Telecommunications (DoT) said the plea was premature. 

    The DoT claimed before a bench of the justice Sangita Dhingra Sehgal and chief justice G Rohini that Idea’s petition was not maintainable as the Telecom Regulatory Authority of India (TRAI) had only given a recommendation, PTI reported.

    Additional Solicitor General (ASG) Sanjay Jain, appearing for DoT, opposed maintainability of the plea. Once DoT takes a decision, he said, it could become an appealable order.

    The bench, thereafter, issued notice to TRAI and DoT and asked them to file affidavits on the issue of maintainability of Idea’s plea before the next date of hearing on 21 February.

    Idea, in its request, claimed that it complied with the requirements of RJio for points of interconnections (PoIs). As of 19 January 2016, it allocated 19,175 PoIs to RJio and contended that congestion and call failures were a consequence of RJio’s “gross underestimation” of the traffic, volume, and duration of calls on its network due to its free offers.

    In its plea, Idea has also contended that there was inconsistency between TRAI’s Interconnection Regulations and Quality of Service Regulations.

    Earlier, terming it as “premature”, the central government opposed a plea by the telecom major Vodafone Mobile Services challenging TRAI’s recommendation to impose Rs 1,050 crore penalty for not providing interconnectivity to Reliance Jio.

    The government rejected the plea by Vodafone, which operates in 21 circles, against a penalty of Rs 50 crore per telecom circle recommended by TRAI. The Telecom Regulatory Authority of India had suggested the penalty on grounds that Vodafone had violated terms and conditions relating to points of interconnection among service providers.

    Also Read:  Respond to Vodafone’s TRAI challenge in two weeks, govt directed

  • TRAI likely to appeal against HC order on draft broadcast tariff

    TRAI likely to appeal against HC order on draft broadcast tariff

    MUMBAI: The Telecom Regulatory Authority of India could move the apex court challenging the Madras High Court’s status quo order on draft tariff rules for the broadcast sector that stopped it from issuing any further guidelines.

    The high court recently stayed TRAI’s right to decide TV tariffs. On 23 December, the court ordered that TRAI maintain status quo with regard to any tariff orders or regulations for Rs 54,225 crore Indian television industry. 

    Freezing of TRAI powers to decide television prices meant better programming and variety for the audience, ease of doing business and improved margins for the second largest TV market in the world.

    The order had come on a petition filed by Star India and Vijay TV on the ground that the TRAI orders are in conflict with the Copyright Act 1957. As a result of this court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services.

    Also Read:    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

    Also Read:    DAS 4 deadline extended to 31 Mar