Tag: Madras high court

Bar Council warns lawyers & firms to refrain from using celebs and peddling on social media

MUMBAI: India’s top legal regulator has launched a blistering attack on lawyers who peddle their services through social media and celebrity endorsements, declaring the practice as tasteless as a barrister in trainers.

The Bar Council of India (BCI) has issued a stern rebuke to advocates who have been flaunting their legal prowess on digital platforms, particularly those enlisting Indian cinema stars and “influencers” to hawk their services like common snake oil salesmen.

“The profession of law, deeply rooted in public trust and ethical standards, is fundamentally distinct from commercial business ventures,” thundered the BCI in its proclamation. The regulator appears particularly vexed by self-styled “legal influencers” who dispense dubious advice on everything from matrimonial disputes to taxation without proper credentials.

The council’s crackdown follows a landmark ruling by the Madras high court in July 2024, which emphasised that advocacy is meant to be a noble profession driven by societal service rather than commercial motives. The judgment specifically targeted online platforms like Quikr India and Just Dial, stripping them of protections under the Information Technology Act’s safe harbour provisions.

The BCI’s diktat prohibits lawyers from:

* Using screen actors or celebrities to promote legal practices
* Erecting promotional banners at religious or cultural events
* Dispensing legal advice on social media platforms
* Any activity that might be construed as “solicitation” under Rule 36

The strictures apply not just to individual barristers but to firms, companies and business process outsourcing operations that engage “in pith and substance” in the practice of law.

Legal eagles who have been strutting their stuff online now face the prospect of disciplinary action if they fail to promptly remove their digital swagger. The BCI appears determined to ensure that the only thing going viral in the legal profession is respect for its ancient traditions.

In an era when even the most solemn professions have succumbed to the temptations of digital marketing, India’s legal watchdog is making it clear: justice cannot be sold with a swipe to the right or left.

March 17, 2025
Madras high court orders unblocking of Tamil magazine website

MUMBAI: Some are labeling it a victory of sorts for Anand Vikatan managing director B. Srinivasan – albeit a conditional one at that. The Madras high court has ordered the Indian central government to restore access to the website of Tamil weekly magazine Ananda Vikatan, provided a controversial cartoon is removed from the site.

Justice D Bharatha Chakravarthy of the Madras high court issued the interim order on Thursday in response to a petition filed by the magazine, whose website (www.vikatan.com) was blocked by authorities in mid-February.
The cartoon at the centre of the dispute depicted Indian prime minister Narendra Modi and US President Donald Trump, which the government claimed was “detrimental to the sovereignty and integrity of India and its friendly relations with foreign states.”

In his ruling, Justice Chakravarthy reasoned that since the caricature appeared to be the only objectionable content, the remainder of the magazine’s website should remain accessible to subscribers.

“The block of the website shall be lifted without waiting for a certified copy of the Court’s order,” the judge directed, after ordering Ananda Vikatan to email confirmation to the government that it had removed the contentious material.

The magazine argued in court that the cartoon constituted legitimate political satire related to the mistreatment of Indian deportees from the US. Its legal team, led by senior advocate Vijay Narayan, contended that blocking the entire website was “unjustified, disproportionate and excessive” and resulted in the “suppression of critical journalism.”

Government counsel defended the blocking action under Section 69A of the Information Technology Act, arguing it represented a reasonable restriction on fundamental rights. The court granted the government’s request for two weeks to file a formal reply.

The judge noted that the court must ultimately determine whether the caricature falls under protected artistic and journalistic freedom or whether it is appropriately restricted under the IT Act.

The case will be heard next on 21 March.

March 7, 2025
Viacom18’s action against FairPlay results in the arrest of key stakeholder of the betting platform!

Mumbai: During the unprecedented success of IPL 2023, Viacom18 was locked in legal battle against the betting website ‘FairPlay’ for the infringement of digital streaming rights of Viacom18. This update comes on the heels of the arrest of Gulam Abbas Muni, a key figure behind FairPlay’s operations in India. The saga, originating in early 2023 with the media buzz surrounding IPL, has unfolded with the entertainment network Viacom18 taking due legal recourse in the face of infringement of their exclusive rights.

Viacom18 Media Pvt. Ltd. general counsel commented on the matter, stating, “The unlawful streaming made it imperative for us to intervene promptly. After almost a whole year of persistence we now have one of the perpetrators behind bars. In such cases prompt action is of utmost importance. The damage caused was not just financial but also to our reputation. At Viacom18, we consistently strive to stay ahead of infringers/pirates through proactive legal measures and will continue to do so.”

Taking advantage of the hype around IPL 2023, the online betting platform ‘FairPlay’ falsely advertised across print, digital media, and hoardings in Mumbai and other major cities. Not only endorsing the gaming/betting website but also illicitly associating itself with the streaming rights of IPL, using taglines like “Watch IPL for Free, LIVE”. Subsequently, it was revealed that IPL 2023 was being unlawfully streamed on the FairPlay platform.

Having secured the digital rights for IPL from BCCI for a period of 5 years, Viacom18 took swift measures by seeking a pre-infringement injunction. By an order dated 21st December 2022 passed by the Hon’ble Madras High Court, more than 4,750 specified websites, Internet Service Providers (ISPs), unknown parties were restrained from streaming/hosting/downloading/exhibiting/transmitting or making available content that violates Viacom18’s rights in the IPL.

On 19th April 2023, the Hon’ble Madras High Court granted an Injunction against FairPlay, thereby restraining the unauthorized digital streaming/hosting/downloading/exhibiting/transmitting of the IPL 2023 on the FairPlay website, including any advertisements. Given FairPlay’s infringement of Viacom18’s rights, Viacom18 filed a suit before the Madras High Court and filed an application for Interim Injunction against FairPlay.

Furthering their commitment to protecting their rights, Viacom18 filed a criminal complaint before the Maharashtra Cyber Digital Crime Unit (MCDCU) against FairPlay and its owners and distributors, namely Abbas, Penny, and Joe, for copyright infringement, criminal conspiracy, and cheating, among other offenses, thus enforcing Viacom18’s rights in IPL.

After months of thorough investigation, on 12 December 2023, the MCDCU successfully arrested Abbas, one of the prime accused. The Accused Gulam Abbas Muni was produced before the Court on the same day and has been remanded to police custody until the next date.

In conclusion, through prompt and proactive actions, Viacom18 has continued their fight against piracy, resulting in a successful enforcement of its rights and reducing piracy.

December 14, 2023
Trai issues amendments to the regulatory framework for broadcasting and cable services

Mumbai: The Telecom Regulatory Authority of India (Trai) on Tuesday issued the telecommunication services tariff order, 2022 and the telecommunication services interconnection regulations, 2022.

In consonance with the complete digitisation of the cable TV sector, Trai on 3 March 2017 notified the new regulatory framework for broadcasting and cable services. After passing legal scrutiny in Madras High Court and Supreme Court, the new framework came into effect from 29 December 2018.

As the new regulatory framework changed quite a few business rules, many positives emerged. However, upon implementation of the new regulatory framework 2017, Trai noticed some inadequacies impacting the consumers. To address certain issues that arose after implementation of the new regulatory framework, after a due consultation process with stakeholders, Trai on 1 January 2020 notified the new regulatory framework 2020.

Some stakeholders challenged provisions of tariff amendment order 2020, interconnection amendment regulations 2020 and QoS amendment regulations 2020 in various High Courts including in the High Court of Bombay and Kerala. The court upheld the validity of the new regulatory framework 2020 except for a few provisions.

The provisions related to network capacity fee (NCF), multi-TV homes and long-term subscriptions of new regulatory framework 2020, have already been implemented and due benefits are being passed on to the consumer at large. Every consumer now can get 228 TV channels instead of 100 channels earlier, in a maximum NCF of Rs 130. It has enabled consumers to reduce their NCF for availing a similar number of channels as per 2017 framework, by an estimated cost varying Rs 40 to 50. Additionally, the amended NCF for multi-TV homes has enabled further savings to the consumers to the tune of 60 per cent on second (and more) television sets.

However, as per RIOs filed by the broadcasters in November 2021, the new tariffs reflected a common trend i.e., the prices of their most popular channels including sports channels were enhanced beyond Rs 19 per month. Complying to the extent provisions, as regards the inclusion of pay channels in a bouquet, all such channels that are priced beyond Rs 12 per month are kept out of the bouquet and are offered only on a-la-carte basis. The revised RIOs as filed indicate a wide-scale changes in composition of almost all the bouquets being offered.

Immediately after new tariffs were announced, Trai received representations from distribution platform operators (DPOs), associations of local cable operators (LCOs) and consumer organisations. DPOs highlighted difficulties likely to be faced by them in implementing new rates in the system and migrating the consumers to the new tariff regime through the informed exercise of options impacting almost all bouquets, especially due to upward revision in the rates of pay channels and bouquets declared by broadcasters. Therefore, Trai engaged with all the different associations and consumer groups including representatives of LCOs.

To deliberate on the various issues related to implementation of new regulatory framework 2020 and suggest a way forward, a committee consisting of members from Indian Broadcasting & Digital Foundation (IBDF), All India Digital Cable Federation (AIDCF) & DTH Association was constituted under the aegis of Trai.

The purpose of the committee was to facilitate discussions among various stakeholders to come out on a common agreed path for smooth implementation of Tariff Amendment Order 2020. Stakeholders were advised to come out with an implementation plan with minimum disruptions and hassles to the consumers while implementing the new regulatory framework 2020.

The committee listed several issues related to the new regulatory framework 2020 for consideration. The stakeholders, however, requested Trai to immediately address critical issues which could create impediments for smooth implementation of tariff amendment order 2020.

In order to address the issues as identified by the stakeholders’ committee; Trai issued a consultation paper for seeking stakeholders’ comments on points/issues which are pending for full implementation of the new regulatory framework 2020. The consultation paper sought comments and suggestions from various stakeholders, on issues related to discount given in the formation of the bouquet, ceiling price of channels for inclusion in bouquet, and discount offered by broadcasters to DPOs in addition to distribution fee.

The authority analysed the comments of the stakeholders and to protect the interests of consumers has notified the amendments to tariff order 2017 and interconnection regulations 2017. The main features of the amendments are as follows:

a.    Continuance of forbearance on MRP of TV channels

b.    Only those channels which are having MRP of Rs 19 or less will be permitted to be part of a bouquet.

c.    A broadcaster can offer a maximum discount of 45 per cent while pricing its bouquet of pay channels over the sum of MRPs of all of the pay channels in that bouquet.

d. Discount offered as an incentive by a broadcaster on the maximum retail price of a pay channel shall be based on combined subscription of that channel both in a-la-carte as well as in bouquets.

All the broadcasters shall report to the authority, any change in name, nature, language, MRP per month of channels, and composition and MRP of bouquets of channels, by 16 December 2022, and simultaneously publish such information on their websites. The broadcasters who have already submitted their RIOs in compliance with the new regulatory framework 2020 may also revise their RIOs by 16 December 2022.

All the distributors of television channels shall report to the authority, DRP of pay channels and bouquets of pay channels, and composition of bouquets of pay and FTA channels, by 1 January 2023, and simultaneously publish such information on their websites. DPOs who have already submitted their RIOs in compliance with the new regulatory framework 2020 may also revise their RIOs by 1 January 2023.

All the distributors of television channels shall ensure that services to the subscribers, with effect from 1 February 2023, are provided as per the bouquets or channels opted by them.

Trai in the present amendments, addressed only those critical issues which were suggested by the stakeholders’ committee to avoid inconvenience to consumers while implementing the tariff amendment order 2020. The stakeholders’ committee also listed other issues for subsequent consideration by Trai. In addition, the authority held multiple meetings with representatives of LCOs including an online meeting which was attended by more than 200 LCOs from across the country. Several issues were put forward during these meetings. Trai has noted the suggestions and may take further suitable measures to address the ensuing issues, if the situation warrants.

November 22, 2022
Madras High Court issues orders to Tamil Nadu, central government & brand endorsers in PIL against online gaming

NEW DELHI: Acting on a PIL against the ill-effects of online gaming filed by an advocate Mohammed Rizvi, the Madras High Court has issued notices to Cricket team captain, Virat Kohli, President of Board of Control for Cricket in India (BCCI), Saurav Ganguly and the Central and Tamil Nadu governments.

The TN government, represented by AAG Sricharan Rangarajan, has asked for 10-days time to file a response. The case has thus been adjourned to 19 November.

The court also voiced concern that lives have been lost due to online games and the lack of law governing such issues in Tamil Nadu.

The PIL also names Telecom Regulatory Authority of India (TRAI) and celebrity endorsers such as actors Prakash Raj, Tamannah Bhatia, Rana Daggubati and Sudeep as respondents.

In his petition, Razvi had risen serious concerns about gaming addiction and social stigma. He cited instances of children who have died by suicide on account of playing online games similar to the Blue What challenge and after losing in PUBG to state exposure to online gaming introduces the kids to a world of crime and negative thinking,

Other instances where people have died because they have lost money while playing Online Rummy and online gambling were also highlighted by him.

November 4, 2020
Madras HC asks govt to allow national sporting events on Doordarshan’s OTT platform

MUMBAI: Demanding that change is the need of the hour and that every legislation should in terms with updated technologies, the Madras High Court on Monday questioned the government about the PIL seeking the approval to tweak sports broadcasting laws. The court has given the centre three months to decide on amendments that will allow Doordarshan to stream top sports events on its over-the-top (OTT) platform in addition to its DTH networks on a free-to-air basis.

The change is likely to impact broadcasters even further who had raised objections in sharing their streams with the pubcaster. Currently, broadcasters such as Star India and Sony hold rights to exclusive online streaming of key sporting events and a change in the regulation can not only impact their viewership but also revenue.

The High Court bench consisting of chief justice S P Sahi and justice Subramonium Prasad pronounced their verdict on a PIL filed by a Mumbai-based sound engineer Aditya Modi, who has requested the Sports Broadcasting Act to be amended to include OTT as a streaming medium apart from Doordarshan’s DTH and terrestrial networks.

As quoted by Times Of India PIL petitioner Aditya Modi said, "In view of the obvious lacunae in the act, users/viewers, who do not have access to or use of such networks, are either unable to watch these sporting events of national importance or compelled to watch such sporting events on highly-priced sports channels, thwarting the very objective of the act."

As per the counsel for the petitioner Karthik Seshadri said that Prasar Bharati does provide content on OTT platform on a free-to-air basis. However, due to the challenge faced by the non-inclusion of OTT platform in the law, Prasar Bharati is not able to stream sports events on its digital platform, thereby restricting Indian citizens to have direct access of such events.

Adding further details he said, “Due to usage of smartphone coupled with the access of cheap internet data, especially in rural India, a person is able to keep abreast of ongoing events. One is also able view streaming device wherever he travels, and he can also stream any event on the streaming device with ease at any place. However, due to heavy subscription charges levied by the private OTT players, who have rights to broadcast for big sporting events, millions of citizens are deprived of such entertainment due to the embargo placed on Prasar Bharati by the legislature."

Seshadri further argued that in order to enable millions of Indians to access live national sports events, Doordarshan should be allowed to re-transmit such events on its OTT platforms.

January 16, 2020
Madras HC dismisses PIL against TRAI tariff order

MUMBAI: After the Supreme Court verdict that went in favour of the Telecom Regulatory Authority of India’s tariff scheme, the Madras High Court has dismissed a petition challenging this 2017 order.

A news item by the Press Trust of India said that the bench consisting of justices S Manikumar and Subramonium Prasad also upheld the deadline of 31 January which was an extension by TRAI to the broadcast industry to finalise necessary arrangements for implementing the new tariff regime from 1 February.

Dismissing the PIL, the HC quoted part of the Supreme Court judgment by stating that TRAI could not only regulate operations but also lay down terms and conditions for providing services. The report mentioned the HC as stating: “It cannot be said that TRAI has been acting hastily or implementing its directions in a hurried manner, without taking into account the interest of all the participants.”

The Supreme Court’s verdict came on 30 October and from 1 February the new tariff scheme where consumers will get to decide their channels is to commence.

January 30, 2019
TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

MUMBAI: The special leave petition (SLP) filed by the Telecom Regulatory Authority of India seeking clarifications on the 15 per cent bouquet discount cap last month was today dismissed as withdrawn in the Supreme Court.

Pointing to the delay, the court was of the opinion that the clarification should have been sought while the matter was being argued.

The regulator also failed to obtain a written assurance from the court on the possibility of the latter entertaining similar clarifications in the future.

Last month, the regulator had filed a petition in the top court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

On a matter that’s complicated, TRAI’s petition, in layman’s language, exhorts the Supreme Court to set aside that portion of the high court judgment that frowns on the 15 per cent cap on discounts on bouquet prices of TV channels.

The Madras High Court, while upholding most of the TRAI tariff order — issued middle of 2016 and challenged by Star India and Vijay TV later that year on grounds of overstepping of jurisdiction — had struck down as arbitrary almost 18 months later the 15 per cent cap on bouquet prices.

With the case finally disposed of by the Supreme Court earlier this year, upholding the high court’s views, TRAI had issued a notification stating that India’s broadcast and cable industry stakeholders implement its tariff regime in phases and report on compliance.

January 3, 2019
TRAI tariff issue back in Supreme Court

NEW DELHI: The twists and turns in the case of a new tariff regime being sought to be implemented by broadcast and telecoms regulator TRAI continues. It has filed a petition in the Supreme Court on the issue of 15 per cent cap on discount on a bouquet price of TV channels to consumers that had been set aside by Madras High Court while upholding TRAI’s right to regulate the broadcast sector.

On a matter that’s complicated, TRAI’s petition, in layman’s language, exhorts the Supreme Court to set aside that portion of the high court judgement that frowns on the 15 per cent cap on discounts on bouquet prices of TV channels.

The Madras High Court, while upholding most of the TRAI tariff order — issued middle of 2016 and challenged by Star India and Vijay TV later that year on grounds of overstepping of jurisdiction — had struck down as arbitrary almost 18 months later the 15 per cent cap on bouquet prices.

With the case finally disposed of by the Supreme Court earlier this year, upholding the high court’s views, TRAI had issued a notification stating that India’s broadcast and cable industry stakeholders implement its tariff regime in phases and report on compliance.

As the final compliance deadline nears the end of the year, the new twist in the tariff tale — nudged by an appeal of Chandigarh-headquartered MSO Fastway in disputes tribunal TDSAT — may add to the ambiguity and result in further delays in signing of contracts between TV channels and distribution platforms.

A hearing of the fresh TRAI petition is likely early next week. Keep tuned in for soap-opera type twists in the script.

December 7, 2018
Tata Sky mulls fresh petition against TRAI tariff rollout

MUMBAI: Indian DTH operator Tata Sky is exploring options of filing a fresh petition in Delhi High Court against a Telecom Regulatory Authority of India directive to implement a new tariff regime from 3 July.

Industry sources indicated that though Tata Sky withdrew its petition filed in the morning, it could again move the court protesting on various grounds the rollout of the TRAI tariff regime.

The Delhi court, which is still to pronounce a verdict in a case relating to tariff and inter-connect orders of the regulator after being moved by Tata Sky and Airtel Digital TV over a year back, however, today refused to entertain the DTH operator’s fresh contempt plea against TRAI and said if the petitioner wished it could file a fresh petition.

Tata Sky had pleaded that TRAI media statement, issued 3 July 2018 directing broadcast and cable industry stakeholders to start rolling out the new tariff and inter-connect regimes with immediate effect, amounted to contempt of the Delhi High Court.

TRAI yesterday had said in a statement that its long-pending tariff and inter-connect orders, first issued in 2016, was to be implemented from 3 July 2018 with stakeholders to follow deadlines mentioned in the directive. The regulator had justified its stand by saying all necessary judicial compliances too were followed.

“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 TRAI statement had said.

The statement had further stated that “in compliance to the direction” of the Delhi High Court, the regulator had “duly filed an affidavit” on 3 July 2018 in the court on implementation of its tariff and other related orders as they were cleared by another high court.

Meanwhile Star India, also expected to open up another legal front at the Supreme Court on the tariff issue, hasn’t yet made a move.

Still, industry people do admit that though TRAI may have directed implementation of its new tariff regime, but there is lack of clarity on the issue of 15 per cent cap on discounts offered by broadcasters on the prices of TV channels.

While upholding TRAI’s right to give directives on tariff-related matters, Madras High Court had given a thumb down to the capping of discounts offered. While stating that its tariff order was to come into effect from 3 July 2018, the regulator had not clarified whether the discount cap stayed or was done away with.

Keep tuned in for more developments on the tariff issue as it refuses to go away or get settled once and for all.

Also Read:

TRAI says b’cast & cable tariff, inter-connect orders come into effect 3 July

Star files caveat in Supreme Court on TRAI tariff order

Third Madras high court judge gives TRAI tariff order thumbs up

July 4, 2018