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Tag: Madras HC

  • Madras HC refuses to stay Tamil Nadu’s ordinance banning online gambling

    Madras HC refuses to stay Tamil Nadu’s ordinance banning online gambling

    NEW DELHI: The Madras high court has declined to grant an interim stay on the Tamil Nadu government’s ordinance banning online gambling and games, including online rummy.

    Appearing for the state, advocate general Vijay Narayan today sought more time and urged the court to adjourn the matter till after Pongal. He also mentioned that there is a possibility that an act against online gambling may be presented in the legislative assembly in January, which may or may not be in the same form as the ordinance. However, the court clarified that no further extension would be given in the matter to file the counter.

    He argued that children are playing online rummy using their parents' credit card and the ordinance would nearly have any effect on the operations of the petitioners given that only two states – Tamil Nadu and Andhra Pradesh – have banned online rummy.

    Previously, the court had refused to stay the ordinance on a petition moved by online gaming platform Junglee.

    Appearing for Junglee, senior advocate Mukul Rohatgi argued that the petitioners wanted an early resolution of the matter, adding that they can establish that online rummy is safer than rummy played in other places. He claimed that the business is getting impacted as it wrongly stopped.

    Meanwhile, Gameskraft Technologies also joined in the challenge mounted against the ordinance, in so far as it relates to online rummy. Advocate Mohan Parasaran, the counsel appearing for Gameskraft, urged the court to at least pass orders that no coercive action be taken against the petitioners in the interim.

    However, the bench refused to grant any interim relief save for the filing of a counter-affidavit by the state, and fixed the matter for further hearing on 18 January.

    Last month, Tamil Nadu became the third state in India to enforce a ban on online games and gambling after governor Banwarilal Purohit promulgated an ordinance on the same. The move came in the wake of a spate of suicides in the state by gamblers who lost money playing these online betting games.

  • Madras HC issues interim injunction against sexually explicit ads

    Madras HC issues interim injunction against sexually explicit ads

    KOLKATA: The Madurai bench of the Madras high court has issued an interim injunction against programmes or advertisements on TV channels displaying obscenity. In addition to that, the judges sought response from MIB on censorship of programmes telecast on channels.

    “Some advertisements though look like promotion 'Aphrodisiac' popularly known as 'Love Drugs', it looks like a porno film. Nudity is exhibited in those advertisements, which is punishable under Section 16 of the Cable Television Network (Regulation) Act, 1995,” the order stated.

    It also mentioned that the programmes/advertisements, which are aired on television in the name of selling condoms, aphrodisiacs, and inner wear are violating rules under Cable TV act. 

    Acting on a plea by KS Sagadevaraja who had petitioned the court to curb the telecast of sexually explicit ads, the court noted that there are numerous TV channels that telecast such programmes round the clock and that the same are likely to affect the minds of young audiences.

    "Nudity is available in the name of doctor's advice as well as advertisements and it is freely available and is being viewed by all including the children. It will definitely affect the minds of youngsters and children. Interest of justice requires to issue a direction as prayed for and also to safeguard the children and women," it pronounced.

    The matter has been adjourned to 1 December.

  • Plea against IPL: Madras HC issues notice to BCCI, Health Ministry

    Plea against IPL: Madras HC issues notice to BCCI, Health Ministry

    MUMBAI: The Madras High Court has ordered to issue notices to the BCCI and the union health ministry regarding a PIL against conducting IPL matches in view of the coronavirus outbreak.

    Adjourning the case, a bench comprising Justices MM Sundaresh and Krishnan Ramasamy sought responses from the ministry  and the BCCI before 23 March.

    The PIL had sought a direction to BCCI not to conduct IPL matches from 29 March to 24 May in view of the virus outbreak.

    The virus that first appeared in Wuhan city of China has spread to over 46 countries and entered India earlier this month.

    The country’s biggest cricketing event is scheduled between 29 March and 24 April.

  • Madras HC declines stay on TRAI tariff order

    Madras HC declines stay on TRAI tariff order

    MUMBAI: The Madras High court rejected the interim prayer plea in a petition filed by Chennai Metro Cable TV (CAS) Operators Association declining to stay the implementation of Telecom Regulatory Authority of India's (TRAI) tariff order. Justice S Vaidyanathan issued notice to TRAI as well as posted the matter to 3 January for further hearing.

    The cable TV association’s petition was against two notifications on the new regulations issued through media releases on 19 November and 18 December fixing December 29 as the deadline for implementing the new regime. They sought to quash the two notifications along with an interim stay on the implementation of the regulations.

    The regulatory body’s council submitted that the matter was already raised before the Supreme Court. Moreover, now TRAI itself has given additional one month for smooth transition allowing consumers to choose the plan till 31 January.

    The objections were first raised by a social activist after the first communication on 19 November, as submitted by the petitioner association. It claimed that TRAI, without considering the objections, passed the second release specifying the deadline.

    Under the new regime consumers have to choose channels and local cable operators will have to collect the required fees. The petition claimed this arrangement unworkable. It also claimed it would curtail the right of consumers to see all channels.

  • TRAI wins tariff order case in Supreme Court

    TRAI wins tariff order case in Supreme Court

    MUMBAI: The Telecom Regulatory Authority of India has come out victorious in the long running battle on whether pricing of content comes under its purview. The Supreme Court has finally given the long-awaiting verdict on Star India versus Telecom Regulatory Authority of India case on tariff order while arguments related to the case ended on October 11. A source close to the development informed Indiantelevision.com that the ruling is in favour of TRAI.

    Speaking on the verdict Zee and Essel Group chairman Subhash Chandra said, "I am extremely glad to note the Supreme Court’s order and I think it is THE best thing that could have happened to the industry, the players in the value chain and the consumers at large. We at ZEE & Essel Group have always focused on keeping our consumers as our first priority and I am very glad that the Supreme Court’s order has empowered the consumers across the nation. While the overall media & entertainment landscape has been evolving at a rapid pace, it is for the first time in 26 years that such a strong & positive step has been taken to eradicate the lack of transparency in the entire value chain of the broadcast & cable industry. It will certainly help the LCOs, MSOs and the broadcasters.”

    Zee Entertainment Enterprises Ltd (ZEEL) was first out of the blocks in publishing the RIO, declaring the MRP and nature of channels in connection with its tariff order , which had a 31 August deadline. The Punit Goenka-led company was followed by TV18 Broadcast Ltd ( TV18) and Sony Pictures Networks India Private Ltd (SPNI), who adhered to the regulator’s directive on 4 September. Later, Disney India, Turner India International, Sun TV Networks have also published their RIOs in compliance with the order.

    Speaking on the news, AIDCF president Rajan Gupta said, “This is the watershed moment we have all been waiting for. We feel that the new framework will bring in much needed transparency, parity, promote exercising of choice for the consumer and ensure orderly growth of the sector. The onus is now on all service providers to put their best foot forward and keep consumer interest in mind by complying with the required initial timelines and activities at the earliest.”

    The TRAI tariff orders, first contested in Madras High Court by the petitioners, were cleared by the Chennai court with certain riders after hearings that continued almost over 16 months in front of a two-member bench

    After the Madras HC had given a thumb up to TRAI tariff order, and both the petitioners and the defendant (TRAI) had filed caveats in the Supreme Court, the regulator had bowled a googly saying that its tariff order would come into effect from 3 July 2018 as all judicial compliances had been completed.

    According to TRAI, implementation of the new regulatory framework will “bring in transparency”, enable provisioning of affordable broadcasting and cable TV services for the consumer and, at the same time, “would lead to an orderly growth of the sector”.

  • Star India vs TRAI: Arguments conclude, SC likely to deliver verdict after Dussehra

    Star India vs TRAI: Arguments conclude, SC likely to deliver verdict after Dussehra

    MUMBAI: Arguments in the case relating to TRAI and Star India ended today in the Supreme Court. According to a source close to the development, the top court is likely to pronounce the verdict in the matter after the Dussehra holidays.

    Despite the impending ruling, most broadcasters have already published their RIOs.

    Zee Entertainment Enterprises Ltd (ZEEL) was first out of the blocks in publishing the RIO, declaring the MRP and nature of channels in connection with its tariff order , which had a 31 August deadline. The Punit Goenka-led company was followed by TV18 Broadcast Limited ( TV18), Sony Pictures Networks India Private Limited (SPNI), who adhered to the regulator’s directive on September 4. Later, Disney India, Turner India International, Sun TV Networks have also published their RIOs in compliance with the order.

    All the broadcaster have stuck to a maximum 15 per cent MRP discount to distributors. Earlier, Madras High Court chief justice did not uphold TRAI’s proposal of allowing highest 15 per cent cap on discounts despite giving the go-ahead to all other proposals. As any clarification did not come from TRAI, all the broadcasters are adhering to the order to avoid any further confusion.

    The TRAI tariff orders, first contested in Madras High Court by the petitioners, were cleared by the Chennai court with certain riders after hearings that continued almost over 16 months in front of two benches of the court.

    Though the petitioners were unable for comments, a legal eagle explained that the very fact the Supreme Court has allotted a day for hearing the petition of Star India and VijayTV, which basically revolves around copyright and why the regulator doesn’t have jurisdiction over such issues, highlights the fact that the judge doesn’t want to take a decision in a hurry.

    After the Madras HC had given a thumb up to TRAI tariff order, and both the petitioners and the defendant (TRAI) had filed caveats in the Supreme Court, the regulator had bowled a googly saying that its tariff order would come into effect from 3 July 2018 () as all judicial compliances had been completed.

    “Having complied with  the  judicial  mandates  in  the  matter,  the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems)  Tariff   Order, 2017 and  the Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 as upheld by the Hon'ble Madras High  Court and the Telecommunication (Broadcasting and Cable) Services Standards  of   Quality  of  Service and  Consumer  Protection (Addressable Systems) Regulations, 2017 come into effect from 3rd July 2018,” the regulator had said in a statement pointing out that all timelines mentioned in the original order should be adhered to immediately.

    According to TRAI, implementation of the new regulatory framework will “bring in transparency”, enable provisioning of affordable broadcasting and cable TV services for the consumer and, at the same time, “would lead to an orderly growth of the sector”.

  • TRAI vs. Star India case: next SC hearing on September 25

    TRAI vs. Star India case: next SC hearing on September 25

    MUMBAI: The Supreme Court has deferred the hearing of Star India’s petition against TRAI tariff and inter-connect order to 25 September 2018. This is the fifth time in this month that the hearing has been deferred. Despite the impending ruling, several broadcasters have already published their RIOs.

    Zee Entertainment Enterprises Ltd (ZEEL) was first out of the blocks in publishing the RIO, declaring the MRP and nature of channels in connection with its tariff order , which had a 31 August deadline. The Punit Goenka-led company was followed by TV18 Broadcast Limited ( TV18), Sony Pictures Networks India Private Limited (SPNI), who adhered to the regulator’s directive on September 4. Later, Disney India, Turner India International, Sun TV Networks have also published their RIOs in compliance with the order.

    All the broadcaster have stuck to a maximum 15 per cent MRP discount to distributors. Earlier, Madras High Court chief justice did not uphold TRAI’s proposal of allowing highest 15 per cent cap on discounts despite giving the go-ahead to all other proposals. As any clarification did not come from TRAI, all the broadcasters are adhering to the order to avoid any further confusion.

    The TRAI tariff orders, first contested in Madras High Court by the petitioners, were cleared by the Chennai court with certain riders after hearings that continued almost over 16 months in front of two benches of the court.

    Though the petitioners were unable for comments, a legal eagle explained that the very fact the Supreme Court has allotted a day for hearing the petition of Star India and Vijay TV, which basically revolves around copyright and why the regulator doesn’t have jurisdiction over such issues, highlights the fact that the judge doesn’t want to take a decision in a hurry.

    After the Madras HC had given a thumb up to TRAI tariff order, and both the petitioners and the defendant (TRAI) had filed caveats in the Supreme Court, the regulator had bowled a googly saying that its tariff order would come into effect from 3 July 2018 () as all judicial compliances had been completed.

    “Having complied with  the  judicial  mandates  in  the  matter,  the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems)  Tariff   Order, 2017 and  the Telecommunication (Broadcasting and Cable) Interconnection (Addressable Systems) Regulations, 2017 as upheld by the Hon’ble Madras High  Court and the Telecommunication (Broadcasting and Cable) Services Standards  of   Quality  of  Service and  Consumer  Protection (Addressable Systems) Regulations, 2017 come into effect from 3rd July 2018,” the regulator had said in a statement pointing out that all timelines mentioned in the original order should be adhered to immediately.

    According to TRAI, implementation of the new regulatory framework will “bring in transparency”, enable provisioning of affordable broadcasting and cable TV services for the consumer and, at the same time, “would lead to an orderly growth of the sector”.

  • SC could take up TRAI-Star case on tariff regulations

    SC could take up TRAI-Star case on tariff regulations

    MUMBAI: The Star India-TRAI (Telecom Regulatory Authority of India) case, which attracted a split verdict in the Madras High Court (HC) recently, took another turn today with the Supreme Court (SC) while adjourning case till Monday showed inclination to dispose of the case itself.

    As per reports emanating from the SC, the broadcast carriage regulator TRAI will likely file in SC a transfer petition by Monday when the apex court will look into the case for possible listing for likely hearing in July 2018.

    The Madras HC judges, while agreeing that various tariff related points (like capping discounting offered by broadcasters and MRP, for example) in TRAI’s proposed tariff regulations were arbitrary, could not arrive at a consensus whether the regulator had overstepped to regulate business models related to copyrights over content.

    The Madras HC had further said that another judge would hear the issues. It was hearing the case as petitioners Star India and Vijay TV had filed a case against the 2016 tariff regulations and the SC had directed the HC to dispose of the case within a certain time frame.

    As hearings continued in the HC, other industry bodies like AIDCF and a couple of companies joined the issue with high profile lawyers arguing the case for and against the petition.

    Also Read :

    Madras HC gives split verdict in Star India versus TRAI case

    MSOs move Madras HC seeking relief on inter-connect pacts

    Orders reserved by Madras HC on TRAI jurisdiction case

  • Star India-TRAI jurisdiction case to come up in Madras HC today

    Star India-TRAI jurisdiction case to come up in Madras HC today

    NEW DELHI: The Star India-Vijay TV case challenging the jurisdiction of the Telecom Regulatory Authority of India is scheduled to come up for hearing in the Madras High Court today after TRAI was to file its written submission after scrutinising those of the broadcasters.

    Counsel for both the broadcasters had objected to the statement by the TRAI counsel P Wilson refusing to file and serve written submissions. After hearing all sides, the bench had directed the broadcasters to serve their submissions by 5 pm on 27 July to TRAI and the interveners All India Digital Cable Federation and Videocon d2h.

    It asked TRAI to serve its submissions on the other parties the next day — 28 July. Thereafter, the court was on Monday scheduled to take note of the compliance of submission of the written statements from the court registry. Meanwhile, both interveners filed their submissions in Court.

    Arguments had concluded in the matter on 19 July and the matter had been posted for today for filing of written submissions. Star India and Vijay TV’s challenge to the jurisdiction of TRAI to issue tariff orders is on the ground that content comes under the Copyright Act.

    In the hearing on 19 July 2017, the Court had refused to accept an affidavit by the Indian Broadcasting Foundation. Although the Supreme Court had in early May while staying the tariff order directed the Madras High Court to complete hearing within four weeks, the High Court had commenced hearing only in the last week of June.

    ALSO READ :

    TRAI tariff: AIDCF impleads in Tata Sky, Airtel Digital pleas

    Madras HC to hear Star India’s rejoinder in TRAI challenge today

    TRAI can only regulate transmission, not broadcast material: Star tells Mds HC

    Hearing to end next week in Madras HC on Star India challenge to TRAI Tariff order

  • Star Vijay case in Madras HC: TRAI to conclude arguments today, AIDCF & Videocon to argue tomorrow

    MUMBAI: In the Star-Vijay-TRAI case hearing in the Madras High Court, one of the TRAI’s senior counsel P Wilson concluded his arguments on Wednesday. The other TRAI (Telecom Regulatory Authority of India) counsel Saket Singh is expected to put forth his arguments on Thursday, official sources told Indiantelevision.com

    Interveners in the case — All India Digital Cable Federation (AIDCF) and Videocon hope to put forth their arguments on Friday. And, on Friday itself, the Madras High Court would provide a rejoinder date — for the final outcome and directive in the case that challenged the jurisdiction of TRAI to issue tariff orders on the ground that content came under the Copyright Act.

    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.

    In the hearing in April-end, it 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.
     
    Apart from the Tariff order, the regulator also issued the DAS Interconnect Regulations, 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:

    Star-TRAI case hearing in Madras High Court starts 

    Star & Vijay TV amend plea, TRAI asked by Madras HC to file response

    SC stays new TRAI tariff, asks Madras HC to complete hearing in four weeks