ITV

Tag: IBF

  • TRAI to wait for final SC verdict before implementing tariff orders for C&S

    TRAI to wait for final SC verdict before implementing tariff orders for C&S

    NEW DELHI: The Telecom Regulatory Authority of India (TRAI) has said that amendments to its tariff orders issued on 1 October, 2004 and 21 July, 2010, which had been set aside by the Telecom Disputes Settlement and Arbitration Tribunal (TDSAT) earlier this month, would be subject to the outcome of the appeal filed by the regulator before the Supreme Court.

     

    The two amendments made by the TRAI to its tariff orders that aimed at preventing broadcasters from giving their channels directly to subscribers and putting commercial subscribers at par with ordinary subscribers were struck down by TDSAT on 9 March.

     

    TDSAT chairman Aftab Alam and member Kuldip Singh said the two amendments were “quite unsustainable and we are thus constrained to set aside the impugned amendment orders.”

     

    The amendments referred to the Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Twelfth Amendment) Order 2014 dated 16 July, 2014 and the Telecommunications (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff (Fourth Amendment) Order 2014 dated 18 July, 2014 by which similar amendments were made in the Telecommunication (Broadcasting and Cable) Services(Second) Tariff Order 2004 dated 1 October, 2004 (relating to non-addressable or analogue systems) and the Telecommunication (Broadcasting and Cable) Services (Fourth) (Addressable Systems) Tariff Order 2010 dated 21 July, 2010 (relating to addressable systems) respectively.

     

    The Indian Broadcasting Foundation (IBF) and the Federation of Hotels and Restaurant Association of India had challenged the amendments as the commercial subscriber had been put at par with the ordinary subscriber and the tariff orders treat as equal groups of subscribers that are inherently unequal and are also so recognized in their different definitions in the tariff orders.

     

    In a press note today, TRAI said it had filed an appeal before the apex court and decided to hold its orders in abeyance ‘after duly considering the matter.’

     

    TRAI had issued the tariff orders – “The Telecommunication (Broadcasting and Cable) Services (Second) Tariff (Seventh Amendment) Order 2006″ dated21 November, 2006and the Telecommunication (Broadcasting and Cable) Services (Third) (CAS areas) Tariff (First Amendment) Order2006” dated 21 November applicable to commercial cable subscribers in the non-addressablesystem (non-CAS) and the CAS systems, respectively.

     

    Following an appeal, the Supreme Court had on 16 April, 2014 directed TRAI to look into the matter de-novo and within three months re-determine the tariff after hearing all the stakeholders’ contentions.

     

    The orders set aside by TDSAT on 9 March were the result of this re-examination.

  • Uncertainty over ratings dark period grows as b’casters stay away from renewing TAM subscription

    Uncertainty over ratings dark period grows as b’casters stay away from renewing TAM subscription

    MUMBAI: With anxiety comes confusion, and that’s exactly the undercurrent right now in the Indian broadcast industry. When Indiantelevision.com asked broadcasters and media planners about the status of TV ratings in the coming weeks, all we got was uncertainty.

     

    To set things in perspective, the TAM TV ratings subscription of most of the broadcasters including Star, Zee, Colors, Sony and NDTV amongst others expired on 31 March, 2015. What’s more, none of these broadcasters have renewed their agreement with the ratings body. 

     

    Not only this, earlier in March, the Advertising Agencies Association of India (AAAI), Indian Society of Advertisers (ISA) and the Indian Broadcasting Foundation (IBF) had issued a directive asking broadcasters to opt for Broadcast Audience Research Council (BARC) and to review and close off on any of the existing arrangements (read: TAM).

     

    To add to this, while BARC is ready to roll out its data, no formal announcement on the date has been made so far. In such a scenario, the most pertinent question remains – ‘Will the industry see a ratings blackout for a week or two?’

     

    “We haven’t renewed our subscription with TAM, but there is still no clarity on when BARC will start rolling out its data. While a few say it’s April, a few also say it could be extended to May. There is confusion,” said an official from a channel, on condition of anonymity.  

     

    Meanwhile, several media agencies have been informing their clients through email about the current situation. One such email says, “The industry bodies have agreed to cease using TAM ratings from 4 April. Rating blackout period will kick in from 5 April, until such time that BARC is available. Data for blackout period will not be available in the future too.”

     

    The email further reads, “The old data, i.e. till 4 April, will be available during the period of the blackout and beyond. During rating blackout, we plan to use past TAM data as the basis for TV plan creation. All industry bodies- ISA, AAAI and IBF are aligned on this method for ratings in data dark period. The same methodology will be used by all constituents for media planning, buying.”

     

    “Yes, we are informing all our clients, depending upon how it will affect them. There is curiosity and uncertainty and to address that I am sure every agency must be writing to their clients to brief them about what is happening, whether ratings will be there or not and how it will be tackled,” said Dentsu Aegis Network chairman & CEO South Asia Ashish Bhasin. 

     

    TAM, on the other hand, will continue generating ratings data and give it out to broadcasters whose subscription hasn’t expired. “The data will be available, but if broadcasters haven’t renewed their subscription, of course it will not be available to them. Those whose subscription is in place will get the data as usual. So there is no ratings dark period from TAM’s side,” said a source. 

     

    A veteran media expert informed, “TAM can continue coming out with its data, but it will no longer be a viewership currency. It will just work as information.”

     

    A news broadcaster, on condition of anonymity, said, “Our subscription with TAM got over on 31 March. We haven’t heard from BARC on the exact date for rollout of data. We have received a letter from AAAI and IBF asking us to re-evaluate ourselves and take the decision on whether we would like to opt for BARC or TAM, once the former comes out with its ratings.”

     

    The broadcaster added, “Given the fact that our subscription with TAM got over on 31 March and the date for BARC data rollout isn’t yet announced, logically, there could be a 15 day ratings gap.” 

     

    A media planner informed that as per the advisory issued by AAAI, ISA and IBF none of the members should renew their subscription with TAM, until BARC comes out with its data. “I feel there could be more four weeks, until BARC comes out with its data,” the media planner said.

     

    A clearer picture will emerge after BARC’s meeting on 6 April, which will be attended by advertisers, agencies and broadcasters. In the meeting, the debutant monitoring body will be sharing data with those present.

     

  • IBF asked to file affidavit in Kantar case; matter put off to 12 May

    IBF asked to file affidavit in Kantar case; matter put off to 12 May

    NEW DELHI: The Indian Broadcasting Foundation (IBF) was today formally impleaded in the Kantar case in Delhi High Court and asked to file its affidavit in the matter.

     

    Thereafter, Kantar Market Research will file its rejoinder and the matter has been fixed by Justice Rajiv Shakder to 12 May.

     

    The case had been filed by Kantar Market Research challenging the Policy Guidelines for Television Rating Agencies in India, and in particular on the clause relating to cross-media ownership. The matter had come up last in September 2014.

     

    Meanwhile, the interim order on the case will continue that will allow Kantar’s subsidiary TAM Media Research to publish ratings till the verdict on the case is out.

     

    Although TAM and Broadcast Audience Research Council (BARC) were the only two applicants under the guidelines as of December 2013, TAM has still not received any response from the Information and Broadcasting Ministry on its application.

     

    The News Broadcasters Association (NBA) has been impleaded early in the case in favour of the guidelines.

     

    While declining to stay the Guidelines in February last year, Justice Manmohan had stayed sections 16.1 and 16.2 of the Guidelines, thus giving freedom to TAM to offer ratings to its clients.

     

    The sections relating to cross-holding, which state that the same company cannot hold shares in both TRP companies and the media are 1.7a and 1.7d.

     

    Kantar had argued that any action relating to Fundamental Rights had to be done through an act of Parliament and not by an executive order. Any attempt to regulate television rating agencies was tantamount to interfering with the freedom of speech and expression under Article 19(1)(a), it had argued. 

  • IBF is not ending TAM subscription: Punit Goenka

    IBF is not ending TAM subscription: Punit Goenka

    MUMBAI: The sword has been hanging on Television Audience Measurement’s (TAM) head for a long time now. From NDTV Group’s $1.3 billion lawsuit (though dismissed by courts) to Broadcast Audience Research Council India (BARC) likely to start releasing television ratings data by April, as reported earlier by Indiantelevision.com, things haven’t been hunky-dory for the measurement body for a while now.

     

    However, not only did the agency fight tooth and nail the allegations of poor quality TAM research data, it also complied with the guidelines set by Information and Broadcasting Ministry for a TV ratings agency in order to exist. For instance, TAM continues to increase the size of the panel to fulfill the minimum peoplemeter sample size of 20,000 homes guideline, set by the I&B Ministry.

     

    With a few months left for BARC to begin rolling out its data, there have been various speculations making rounds in the industry. “There is the cost issue. Why would one pay for both TAM and BARC subscription? Also, since both the measurement bodies have a different way of functioning, one needs to take a break before adopting the new one,” says an industry source on the reason for the ratings blackout, if indeed it ever happens.

     

    So much so, a few media reports have gone on record to say that the Indian Broadcasting Foundation (IBF) is planning to end its subscription with TAM leading to a period sans ratings. This in turn has created panic in the industry, as it awaits two major events namely the ICC Cricket World Cup 2015 and the eighth edition of the Indian Premiere League (IPL). As per sources, ad rates for WC are touted to be around Rs 4 lakh for 10 seconds and ad rates for IPL have seen an increase of around 10-15 per cent generating huge ad revenue for broadcasters.

     

    When questioned on the reports doing the rounds and how it would impact the industry in case the IBF decides to end its subscription from TAM, Kantar CEO Eric Salama laughs saying, “I don’t know about the intentions.”

     

    What’s more, an industry source  close to the development clarifies that so far the ratings agency had not heard from the IBF or anyone from the industry on the matter.

     

    To get further confirmation on the matter, Indiantelevision.com contacted IBF board member and BARC chairman Punit Goenka and he denied the report as well. “There is no such decision taken by the IBF,” he asserted.

     

  • Major Indian channels removed from Chitram TV app

    Major Indian channels removed from Chitram TV app

    NEW DELHI: In a major break-through sending a strong message to organised pirates of content in the digital space, certain members of Indian Broadcasting Foundation (IBF) have succeeded in their efforts to remove their channels from the recently launched android and iOS applications of Chitram TV on Google Play and Apple’s App Store.

     

    Chitram TV is an IPTV/OTT service provider, which has been illegally broadcasting the signals of the Indian origin channels: MSM (Sony), Zee, Star, Viacom18 and certain other regional Indian television networks, which are members of IBF for quite some time. Recently, Chitram TV launched its mobile application on android and iOS devices in an attempt to widen its distribution and reach. The broadcasters took up the issue of Chitram’s illegal broadcast and Apple and Google have now removed the app from their iOS and Android platforms. This is a major victory for the members of IBF in their fight against online piracy, according to an IBF spokesperson.

     

    Indian broadcasters, who have joined hands to collectively fight digital piracy, are considering initiating legal proceedings against Chitram TV and other pirate platforms in multiple jurisdictions outside. None of the members of IBF (viz. MSM (Sony), Zee, Star and Viacom18) has authorised Chitram TV to carry their channels on any media platform let alone digital.

     

    IBF said it understands that Chitram TV continues to distribute the Indian channels via IPTV/OTT particularly outside India. IBF members have buckled up to fight the pirates like Chitram TV to preserve the integrity of their channels and content.

     

    With the rapid advent of technology enabling the dissemination of content across digital platforms, there are enormous revenue opportunities for broadcasters and other content owners. The Indian channels, which are available in more than 100 countries around the world, are extremely popular amongst the South Asian diaspora. 

     

    All of these channels have launched their own digital platforms and mobile apps but piracy has been a major stumbling block in revenue monetisation. Isolated efforts of the broadcasters could have achieved little. Now that the Indian broadcasters stand united, their efforts will provide a greater impetus in the global effort to combat digital piracy.

     

  • BCCC directs Sony to run apology scroll on 30 Dec

    BCCC directs Sony to run apology scroll on 30 Dec

    MUMBAI: On 17 December, the Broadcasting Content Complaint Council (BCCC) had held a meeting in Mumbai to discuss the 30 – 40 complaints received against numerous channels and what action should be taken.

    One of the biggest decisions taken from it was for Sony. The channel management has been asked by the council to run an apology scroll on 30 December. The complaint was filed with regards to the display of a board promoting abortion in Madana Khurd village during an episode of Kaun Banega Crorepati (KBC) aired on 19 August.

    However, sources from BCCC said that the issue was raised against the show’s producers a couple of months back on a complaint by the Haryana Health Department. As per reports, the board read “500 rupees me garbhpaat karwao aur 5 lakh ka dahej bachao (Get the abortion done in Rs 500 and save dowry of Rs 5 lakh).”

    As per the directive, the channel has to run an apology scroll in Hindi and English during now-off-air KBC’s time slot i.e. from 8.30 pm to 9 pm on 30 December.

    Of the numerous complaints, the independent council, set up by the Indian Broadcasting Foundation (IBF) to examine complaints about television programmes received to ensure that the programmes are within the self-regulatory content guidelines, also discussed complaints against Zee TV amongst other networks as well.

    “One of the episodes of Zee’s popular programme Qubool Hai showed a woman being tortured and hence, a complaint was filed against it,” informs the source from the council while adding that an explanation has been asked from the channel and the decision on what should be done next will be taken on 20 January.

    Similarly, south India’s Asianet also received complaints against its two programmes out of which one was disposed off while the other’s decision will be taken on 20 January as well.

     

  • Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    Commercial and non-commercial subscribers should have different tariff under DAS: IBF

    NEW DELHI: The Indian Broadcasting Foundation (IBF) has said that the Digital Addressable System (DAS) tariff order was violative of Article 14 of the Constitution as it equated ‘equals with unequals.’

     
    Abhishek Malhotra told the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that the stand taken by the Telecom Regulatory Authority of India (TRAI) was also contrary to the stand taken by it over the last 10 years.
    He said that commercial subscribers could not be charged at the same rate as other subscribers who received television signals in their homes.

     
    The bench was hearing the petition by IBF challenging the DAS tariff order issued in July by TRAI relating to commercial subscribers.

     
    In the tariff order, TRAI had said that commercial establishments who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     
    In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     
    TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     
    The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • Electronic Media Monitoring Centre to go up to 1500 channels by 2017: Rathore

    Electronic Media Monitoring Centre to go up to 1500 channels by 2017: Rathore

    NEW DELHI: The government hopes to increase the capacity of the state-of-art Electronic Media Monitoring Centre (EMMC), which currently monitors around 300 television channels, to 1500 by 2017.

     
    Minister of State for Information and Broadcasting Rajyavardhan Singh Rathore told Parliament that these 300 channels are chosen randomly out of the 839 channels beaming into Indian homes.

     
    He said that the aim was to first achieve the target of monitoring 600 channels within the next few months, while answering a question about reality shows playing with the sentiments of the people.

    In a reply to a supplementary question about young children being used in dance shows, Rathore said that there are a large number of channels and there is undoubtedly a race to attract as many eyeballs as possible. Therefore, most of these channels, no doubt, are walking a very thin line and working in that grey area. However, there is a freedom of expression. Therefore, the government does not want to impinge on the freedom of expression. Keeping in mind the morality, decency and various levels of acceptance on television, certain guidelines have been issued. “What the Ministry can say is that we will issue advisories and we will also take into account any complaint that comes,” he said.

     

    He also said that a Task Force had earlier been set up to work on a regulatory body but the channels had opposed this and wanted self-regulation.

     
    Answering the main question, I&B Minister Arun Jaitley said no fact had been brought to the notice of the government alleging shows playing with sentiments of the people. However, the content carried on private satellite TV channels is regulated according to the provisions of the Programme and Advertising Codes contained in the Cable Television Network Rules 1994 and the Cable Television Network (Regulation) Act 1995. The rules provide for a whole range of parameters to regulate programme and advertisements on TV channels including the reality shows.

     
    The programme code says that no programme should be carried which (a) offends good taste or decency (b) contains anything obscene, defamatory, deliberate, false and suggestive innuendos and half truths (c) criticizes, maligns or slanders any individual in person or certain groups, segments of social, public and moral life of the country (d) denigrates women through the depiction in any manner of the figure of a woman, her form or body or any part thereof in such a way as to have the effect of being indecent or derogatory to women, or is likely to deprave, corrupt or injure the public morality or morals (e) denigrates children (f) is not suitable for unrestricted public exhibition (g) is unsuitable for children.

     

    Action is taken against defaulting channels whenever any violation of the said codes is noticed or brought to the notice of the Ministry.

     

    The Ministry also has an Inter Ministerial Committee (IMC) to look into the violations of the Programme and Advertisement Codes. IMC has representatives from the Ministry of Home Affairs, Defence, External Affairs, Law, Women and Child Development, Health and Family Welfare, Consumer Affairs and a representative from the industry in Advertising Standards Council of India (ASCI). IMC meets periodically and recommends action against violations.

     

    Besides, as part of self-regulation by industry, Indian Broadcasting Foundation (IBF), which is a representative body of non-news and current affairs TV channels, has set up Broadcasting Content Complaints Council (BCCC) to examine the complaints about television programmes.

     

  • Petition challenging TRAI tariff on DAS to be heard on 8 December

    Petition challenging TRAI tariff on DAS to be heard on 8 December

    NEW DELHI: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) will hear the petition by the Indian Broadcasting Foundation (IBF) challenging the DAS tariff order issued in July by the Telecom Regulatory Authority of India (TRAI) relating to commercial subscribers on 8 December.

    The matter was to be heard in the Tribunal on 5 December but was pushed for next week because the bench was busy dealing with another part-heard case.

     In the last hearing in October, Counsel Abhishek Malhotra, who represents the IBF, had wanted time to file a rejoinder to the reply filed by TRAI following a notice in this regard in September.

     In the tariff order, TRAI had said commercial establishments, who do not specifically charge its clients/guests on account of providing/showing television programmes and offer such services as part of amenities, are to be treated like ordinary subscribers wherein the charges would be on per television basis.

     In cases where commercial subscribers specifically charge its clients/guests on account of providing/showing television programmes, the tariff would be as mutually agreed between the broadcaster and the commercial subscriber.

     TRAI had also said that the commercial subscriber was to obtain television service only from a distribution platform operator (MSO/DTH Operator/IPTV operator/HITS operator).

     The tariff order amendment has been brought out as per the directions of the Supreme Court. It is expected that with the coming into force of these changes in the regulatory framework, the distribution of TV services to the commercial subscribers would be streamlined and the services would be available to them at competitive rates.

     

  • Shailesh Shah moves on from IBF

    Shailesh Shah moves on from IBF

    MUMBAI: After more than two years as Indian Broadcasting Foundation general secretary, Shailesh Shah has decided to move on.

     

    Shah, who had taken charge in February 2013, ended his relationship with the Foundation in November, this year. With over 28 years of experience in a variety of industries, Shah pushed IBF’s efforts in building a robust and profitable broadcasting industry in India.

     

    Currently, the Foundation’s deputy director Radhakrishnan Nair is looking after the responsibilities left vacant by Shah.

     

    Nair, who has over 33 years of experience in publications and television, has been associated with IBF since 2001. A post-graduate in public administration, Nair manages the Foundation’s day-to-day functioning, orchestrate several issues in various forums and committees, help in advocacy with the government and in particular, weigh in on legal and regulatory issues with deft counsel.

     

    No formal decision has yet been taken on who will take charge as the next general secretary of IBF.

     

    In September, at the 15th annual general meeting (AGM), Star India CEO Uday Shankar was appointed as the new president of the Foundation.

     

    The IBF board also elected Punit Goenka as vice president – measurement, N P Singh as vice president – distribution, Rajat Sharma as vice president – strategic affairs and Rahul Johri as treasurer.