Tag: NBA

  • Ad cap hearing adjourned to 6 May

    Ad cap hearing adjourned to 6 May

    NEW DELHI: Even as the stay on implementation of ad cap continues, the Delhi High Court adjourned the hearing of the petition of News Broadcasters Association (NBA) and other channels to 6 May as the NBA wanted more time to file a rejoinder to the reply by the government.

     

    Acting Chief Justice B.D. Ahmed and Justice Siddharth Mridul gave the order after the plea by NBA Senior Council NK Kaul seeking adjournment.

     

    The petitions have been filed by NBA, Sarthak Entertainment, Pioneer Channel Factory Pvt Ltd, E24 Glamoru Ltd, Sun TV Network Ltd, TV Vision Ltd, B4U Broadband, 9X Media Pvt Ltd, Kalaignar Pvt Ltd, Celebrities Management Pvt Ltd, Eanadu Television Pvt Ltd and Raj Television Pvt Ltd.

     

    The Senior Counsel for Telecom Regulatory Authority of India (TRAI), Saket Singh sought to intervene to seek early hearing, but the Court said the matter will come up for hearing only in May.

     

  • Ministry seeks data on impact of digitisation from IBF, NBA

    Ministry seeks data on impact of digitisation from IBF, NBA

    NEW DELHI: Digitisation of cable TV in the top four metros has resulted in 20-25 per cent fall in carriage fees paid and a 200-300 per cent rise in subscription charges earned by broadcasters, said Ministry of Information and Broadcasting (MIB) joint secretary-broadcasting, Supriya Sahu.

     

    Sahu said the impact of phase I digitisation on the revenues of broadcasters was based on a report submitted by the News Broadcasters Association (NBA) for 10 news broadcasters.

     

    But, Sahu was quick to also add, that while the broadcasters have given the report for phase I, they have expressed that the result in phase II of digitisation in 38 cities has not been too good.

     

    “We have asked both the IBF (Indian Broadcasters Foundation) and the NBA to give us reports for phase II. Broadcasters need to share their data with the ministry to help us understand if the carriage fees have gone down or not,” said Sahu.”And to assess better the effectiveness of our digitisation programme.”

     

    Sahu was addressing CASBAA India Forum 2014,  in New Delhi, an annual event to explore the Indian cable and broadcasting markets in the context of the global economy and challenging regulatory regime. She emphasised that everyone involved in the TV value chain has gained – broadcasters, MSOs, local cable operators, and even state governments – thanks to the digitisation drive the government has enforced over the past 18-24 months.

     

    Making an extremely detailed presentation replete with statistics and numbers, she pointed out that the tax collected by the Delhi government from phase I digitisation areas was three-times the pre-digitisation level. “While in August 2012 the tax revenue collected by government was Rs 55 lakh, in August 2013, the revenue collected is close to Rs 3 crore,” informed Sahu.

     

    According to data received by the ministry from one of the national multi-system operator, the carriage fee received by it per channel from broadcasters in Delhi has fallen to Rs 3.79 lakh after digitization from Rs 12.33 lakh in the pre-digitisation era. In Mumbai, the carriage fee per channel has fallen to Rs 2.16 lakh from Rs 6.51 lakh in pre-digitisation ear.

     

    Similarly, the subscription fee paid to broadcasters by the MSO in Delhi has gone up to Rs 597.06 lakh from Rs 438.57 lakh before digitisation. In Mumbai, the subscription fee paid to broadcasters by the MSO rose to Rs 183.13 lakh from Rs 116.79 lakh before digitisation.

    She pointed out that only 10 broadcasters have come forward o share data about the impact of digitisation on their business and beseeched more of them to do so.

     

    Summarising the total number of cable TV homes, Sahu said, “As per 2011 census, the total number of cable TV homes is 11.65 crore. The total number of set top boxes required, after adding 20 per cent for multiple TVs in houses and TVs in offices and shops, a total of 14 crore STBs are needed. While a total of 3 crore STBs have been seeded in phase I and II collectively, more 11 crore STBs are needed for phase III and phase IV.”

     

    Sahu acknowledged that there could be tough times in digitisation of cable TV homes in phase III and phase IV markets. “77 per cent of the phase III and phase IV falls in 10 states like Tamil Nadu, Andhra Pradesh, UP, Maharashtra, Kerala, etc. The MIB will initially focus on these 10 states. If this is achieved, achieving the deadline for digitising phase III and phase IV will be easy,” she said. “There are a lot of learnings we have got from the first two phases; there are roadblocks we have understood we need to overcome. All our learnings wlll be put to practical use as we move into phase III and phase IV in a serious manner.”

     

    The ministry is also looking at conducting an impact assessment survey to study the how digitisation has affected the local cable operators. “We will start this in the next couple of months,” concluded Sahu.

  • SONY SIX launches ‘NBA Inside Stuff: India Edition’

    SONY SIX launches ‘NBA Inside Stuff: India Edition’

    MUMBAI: For the first time in India, SONY SIX, India’s premier sports and entertainment channel, will launch a version of NBA Inside Stuff, the ground-breaking sports and entertainment all-access show, exclusively for audiences in India. The program includes behind the scenes coverage of the NBA and its players along with highlights of the league’s activities in India.

     
    Derived from the popular American television show which airs on NBA TV, the Indian version will have its own local spin of in-depth reporting highlighting some of the NBA’s biggest stars and most exciting teams, all packaged with a fresh new look to enthral Indian sports fan.  The show will air on SONY SIX every Sunday at 12:00pm with the first episode airing on Sunday, 2nd March.   Known for its trademark off-the-court features with NBA players, NBA Inside Stuff will provide fans with a unique perspective of the game. The trailblazing weekly show will tip off its first episode with a unique look at the recently concluded NBA All-Star 2014 in New Orleans.

    The 30 minute weekly show will be co-hosted by Manish Nawani and Neelam Sivia, who will take fans through an inside tour of the NBA which includes behind-the-scenes activities and off-court features about the NBA and its biggest stars. The show is designed to be interactive with the fans of the game and will also act as a platform for sport enthusiasts to sample the best of the NBA globally and basketball in India.

    On the eve of the show’s launch, Mr. Prasana Krishnan, EVP and Business head, Sony SIX said: “The show is a great hit internationally and we are sure that the familiarity supported by our localized content will help permeate the craze for NBA in the country. The show will enable viewers to connect with the sport even further. This introduction signifies our commitment to basketball and we will ensure that the Indian fan has every opportunity to enjoy the sport and its periphery in the best possible way. ”
     

    Yannick Colaco, Managing Director, NBA India, said “SONY SIX is a great partner that continues to provide new ways to bring the NBA and the game of basketball to Indian audiences. This show will provide great insight into the NBA on and off the court, which will help lead to further viewership and generate greater involvement in the game amongst fans.”

    Sony SIX is the exclusive television partner of the NBA in India.  SIX broadcasts 14 games per week during the NBA season as part of its ‘NBA Mornings on SIX’ campaign.  SIX will broadcast over 300 live regular season games in India, as well as NBA All-Star, The NBA Playoffs, and NBA Finals.  This, along with NBA Inside Stuff, represents the most comprehensive programming ever offered to fans in India.

  • TRAI’s ad cap regulation is reasonable: Delhi HC

    TRAI’s ad cap regulation is reasonable: Delhi HC

    MUMBAI: Another challenger to the ad cap petition has got relief from the Delhi HC regarding a Telecom Regulatory Authority of India (TRAI) regulation on restricting advertisement duration in an hour to just 12 minutes. Maa Television, a leading Telugu GEC, has been asked to tag along with other petitioners such as the News Broadcasters Association (NBA), Sun TV, E24, Pioneer Channel Factory on 13 March.

     

    During the course of the hearing, the bench of acting chief justice B D Ahmed and justice S Mridul observed that “Twelve minutes of advertisement in 60 minutes of a programme is ridiculous. The content becomes an advertisement and the ads become the content.”

     

    The bench also supported TRAI’s decision of bringing in ad cap amongst broadcasters. “What TRAI is doing is reasonable. Take an opinion poll. Everyone will say no to advertisements,” remarked the bench.

     

    However, it also gave the channel an interim relief till the next hearing while asking it to submit its weekly advertising data to TRAI. It has restrained the regulator from taking any coercive measures against the channel.

     

    The NBA is leading the case. The case was initially with the Telecom Disputes Settlement Appellate Tribunal (TDSAT) and later shifted to the Delhi HC after the Supreme Court in a separate case stated that challenges to TRAI regulations cannot be heard at TDSAT.

     

    However, the lawyers, who are part of the case, think that the observation won’t have any significant impact on the hearing on 13 March.

     

    With less than a month, all parties involved are gearing up to submit their pleas to the court.

  • Kantar gets stay on cross-shareholding norms; TAM can continue publishing viewership ratings

    Kantar gets stay on cross-shareholding norms; TAM can continue publishing viewership ratings

    NEW DELHI: While declining to stay Policy Guidelines for Television Rating Agencies in India, the Delhi High Court today directed that the sections relating to cross-holding will not come into force till the conclusion of the petition by Kantar Market Research Services, a shareholder of TAM Media Research, the only television viewership rating agency in India.

     

    Fixing the next date of hearing for 6 March, Justice Manmohan also stayed sections 16.1 and 16.2 of the Guidelines, thus giving freedom to TAM to continue offering its ratings to its clients.

     

    Taking note of the undertaking by Mr Mukul Rohatgi, senior counsel for Kantar, the Court said TAM would get another two weeks to get registered as required by the Policy Guidelines.

    The Court also took note of the undertaking by Rohatgi that the full list of companies that are associated with TAM and their clients will be placed on the website within two weeks.

     

    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.

     

    The earlier deadline for TAM Media Research to get registered under the Policy Guidelines was 15 February.

     

    When Rohatgi insisted on a stay of the policy guidelines till conclusion of this case, Justice Manmohan and Additional Solicitor General Rajeev Mehra said senior counsel Harish Salve who had argued on behalf of Kantar yesterday had made it clear that he was only fighting the issue of cross-shareholding. In fact, Justice Manmohan said Salve repeated this point at least five times.

     

    Rohatgi had sought to reiterate the point made by Salve that the policy guidelines had been issued through an executive action without any statutory authority of law.

     

    While Rohatgi filed an affidavit today listing companies that have a holding in Kantar, he assured the Judge that the list of clients would also be place shortly on the website and filed in the court.

     

    In his order, the Judge took note of the fact that both Salve and Rohatgi have argued that the guidelines are without the sanction of any statutory body.

    Kantar had argued yesterday that any action relating to fundamental rights had to be done through an act of Parliament and not by an executive order.

    Salve had said any attempt to regulate television rating agencies was tantamount to interfering with the freedom of speech and expression under Article 19(1)(a).

     

    The provisions of Policy Guidelines for Television Rating Agencies in India that have been stayed are:
     
    1.7 The company shall comply with the following cross holdings requirements.
     
     (a) No single company/ legal entity, either directly or through its associates or inter-connected undertakings, shall have substantial equity holding in rating agencies and broadcasters/advertisers/ advertising agencies.
     
     (d) A promoter company/member of the board of directors of the rating agency cannot have stakes in any broadcaster/ advertiser/advertising agency either directly or through its associates or inter-connected undertakings.
     
    16. PROVISIONS WITH RESPECT TO EXISTING RATING AGENCIES
     
    16.1 These guidelines shall also be applicable to the existing rating agencies.
     
    16.2 No rating agency shall generate and publish ratings till such time that they comply with the provisions of these guidelines.

  • Kantar gets stay on cross-shareholding norms; TAM allowed to publish ratings

    Kantar gets stay on cross-shareholding norms; TAM allowed to publish ratings

    NEW DELHI:  Kantar Market Research Services has managed to get the relief it wanted from the Delhi High Court on the cross-shareholding norms for television rating agencies.

     

    On a petition by Kantar challenging the government’s cross-shareholding norms for TV ratings agencies, the HC has stayed the operation of four sections — 1.7a, 1.7d, 16.1 and 16.2 — that relate to cross-shareholdings and to publishing of TV viewership ratings  in the Policy Guidelines for Television Rating Agencies in India.

     

    Kantar had filed the petition as the new policy would have resulted in TAM Media Research, a company it has jointly promoted with Nielsen India, having to shut operations.

     

    The court has given TAM two weeks to register itself under all the other provisions of the policy that was recently approved by the Cabinet Committee of Economic Affairs and comes into effect from 15 February.

     

    In addition, the court has also stayed the operation of a clause that prevents existing TV rating agencies from publishing viewership ratings till they company with the provisions of the policy. TAM is the only company in India providing TV viewership ratings.

     

    The Delhi High Court will hear further arguments in the case on 6 March.

     

    Meanwhile, TAM has been ordered to place on its website the list of its shareholders and also the list of its clients.

     

    The provisions of Policy Guidelines for Television Rating Agencies in India that have been stayed are:

     

    1.7 The company shall comply with the following cross holdings requirements.

     

     (a) No single company/ legal entity, either directly or through its associates or inter-connected undertakings, shall have substantial equity holding in rating agencies and broadcasters/advertisers/ advertising agencies.

     

     (d) A promoter company/member of the board of directors of the rating agency cannot have stakes in any broadcaster/ advertiser/advertising agency either directly or through its associates or inter-connected undertakings.

     

    16. PROVISIONS WITH RESPECT TO EXISTING RATING AGENCIES

     

    16.1 These guidelines shall also be applicable to the existing rating agencies.

     

    16.2 No rating agency shall generate and publish ratings till such time that they comply with the provisions of these guidelines.

     

    Click here for the updated story

  • Kantar argues TV ratings regulation requires legislative action

    Kantar argues TV ratings regulation requires legislative action

    NEW DELHI: Kantar Market Research Services, a promoter of India’s only television ratings agency TAM Media Research, said today that any action relating to fundamental rights had to be done through an act of Parliament and not by an executive order.

     

    Harish Salve, counsel for Kantar, said during the hearing on his client’s petition in the Delhi High Court against regulations for television ratings agencies that the government should have issued an ordinance and then replaced it with an act of Parliament since any attempt to regulate television ratings agencies was tantamount to interfering with the freedom of speech and expression under Article 19(1)(a). Any order curtailing fundamental rights must have statutory backing, he claimed.

     

    He said even the Telecom Regulatory Authority of India which had earlier given a report on TV ratings in 2008 and the Parliamentary Standing Committee which had considered the issue later in the same year had been of the view that the government could not tamper with the content. In any case, Salve argued that TRAI was only concerned with carriage and not content and can only make recommendations.

     

    He wondered why the Government did not act after it received the TRAI report in 2008 to push through legislation on this issue.

     

    He said the executive order under Article 73 was part of the government’s agenda to push for control of content.
     

    He said there will be a complete blackout of television viewership ratings under new government regulations since the Broadcast Audience Research Council (BARC) was still in the planning stage.
     

    He also said that the law was in any case clear that the government was a licensor for broadcasting and not TAM which was a private rating agency. As a private agency, it could not be told not to have cross-media holding.
     

    While still not granting a stay on the regulations that come into effect from 15 February, Justice Manmohan said he will continue hearing the case tomorrow but may consider ‘interim arrangements’ if the hearing lingers on.

     

    The Judge also asked Kantar to place on its website the shareholding pattern of various shareholders in TAM since the primary objection taken by Kantar is to the reference to cross-media holding in the proposed regulations.  

     

    The three respondents Union of India, the Telecom Regulatory Authority of India (TRAI) and the News Broadcasters Association (NBA) have filed their affidavits and will present their views tomorrow on Kantar’s petition for an interim stay. 

     

    Salve, who concluded his arguments today, said Kantar did not have any cross-holding in the broadcasting sector. He claimed that TAM was operational in 37 countries.
     

    Senior counsel Mukul Rohatgi, who also represented Kantar, said the committee that recommended BARC had itself admitted that TAM was the best rating agency in the country, and had not made any recommendations with regard to cross-media holdings.

     

    During the last hearing, the judge had wanted to know why TAM was not present itself, and Salve said that the issue of cross-media holdings mentioned in the guidelines affected Kantar which was a major shareholder and not TAM.

  • Delhi HC to further hear Kantar case tomorrow; hints at an interim arrangement

    Delhi HC to further hear Kantar case tomorrow; hints at an interim arrangement

    NEW DELHI: The deadline for implementing the TV ratings agencies policy is inching closer. But Kantar Market Research Services, a shareholder of current and only ratings agency TAM, had decided that it had to challenge the guidelines in the Delhi High Court.

     

    While still not giving it a stay order today, the court has decided that it will continue hearing the case. The next date of hearing is tomorrow. Kantar counsel today argued that the directive of the ministry on TV ratings guidelines had been done under an executive action, which can be questioned in a court of law. Counsel for Kantar also said that since the Broadcast Audience Research Council (BARC) was still under formation, there would be a total blackout if TAM is not allowed to function.

     

    Justice Manmohan while hearing the case remarked that though he was in favour of concluding the hearing before 15 February, he would ‘consider issuing an interim arrangement if the hearing goes on longer than that date’. 15 February is when the guidelines will become effective.

     

    The three respondents Union of India, the Telecom Regulatory Authority of India (TRAI) and the News Broadcasters Association (NBA) will present their case on Kantar’s petition for an interim stay order tomorrow. 

     

    Click here for the updated story

  • Why the NBA joined the respondents battling  Kantar in the courts

    Why the NBA joined the respondents battling Kantar in the courts

    MUMBAI: When Kantar Market Research Services, a shareholder of TAM media research, decided to go to court to legally oppose one of the guidelines that had been recently approved by the cabinet committee on economic affairs, it raised some eyebrows though the move was not unexpected. And even though Kantar was not given a stay  on the legality of the cross holding  legislation that it has been seeking, what came as a surprise on day two of the hearing was when the News Broadcasters Association (NBA) was made a party to the case.

     

    What made the biggest news broadcasting representative body in the country decide to intervene in the case and be subsequently made a part of it? Contrary to what many may believe, the NBA is not against Kantar but rather it is in favour of the guidelines. “We went as interveners to show our support to the approved guidelines and the court decided that we should be a part of it,” says a senior official from the NBA.

     

    The news organisation has always been vocal on the alleged  irregularities and kinks in TAM’s rating system. “We had decided a while ago that we would make a mention of our support in court. Change in the way the ratings are delivered has been pending for several years and finally the moment of truth has arrived  and so we don’t need it to be stalled again,” informed the official.

     

    In mid-2013, several news channels members of the NBA had decided to boycott TAM claiming that its TV ratings data was rigged. Voices in support of the upcoming agency the Broadcast Audience Research Council (BARC) grew overwhelmingly. The NBA now feels that there could be no better time than now for the guidelines to come into effect.

     

    The case which is ongoing in the Delhi High Court is now being fought by the petitioner Kantar  against the government of India, the Telecom Regulatory Authority of India (TRAI) and the NBA. In media interviews Kantar has stated that it won’t go down so easily and that the cross holding guideline it has challenged will make its life and existence a misery.

     

    In the hearing on 29 January, the HC decided not to give a stay order to Kantar since the regulation was promulgated  by a statutory body – the TRAI. On the same day, the NBA pointed out that TAM operates on a small sample size of just 8,000 people. The case will next be heard on 11 February.

     

    All the three respondents have a week’s time to file their respective affidavits to the court.

     

    In October last year when the ad cap case was ongoing in the Telecom Disputes Settlement Appellate Tribunal (TDSAT), three broadcasters namely Star, Zee and Viacom18 had tried to become  interveners in support of the 12 minute ad cap regulation but they had been barred from doing so since their representative body – the Indian Broadcasting Foundation – had decided to withdraw the appeal against the ad cap. However, the NBA claims it has consistently been vocal about its views on TV viewership ratings, hence its candidature as an intervener has validity.

     

    The key questions now are whether the HC will offer a lifeline to TAM  by imposing a stay on implementation of the cross holding guideline or whether will it cut off its oxygen supply?

  • No stay order for Kantar for now: Delhi HC

    No stay order for Kantar for now: Delhi HC

    NEW DELHI: It was just a week ago that one of the shareholders of TAM – Kantar Market Research decided to move the High Court against the TV ratings guidelines. Now, as the case was taken up in the Delhi High Court today, the issue has become a little clearer.
     

    According to the HC, Kantar won’t get a stay order on the petition for now just because the deadline to make the TV ratings guidelines is effective from 15 February. However, Judge Manmohan said that Kantar’s case will be heard again on 11 February and a final decision will be taken then.
     

    Counsel for Kantar, Harish Salve argued that the stay order was necessary as the guidelines were not framed under any statute of law. Additional Solicitor General Rajeev Mehra, appearing on behalf of the Union of India, said that the guidelines had been recommended by the Telecom Regulatory Authority of India (TRAI) which was a statutory body. The judge also remarked the same. Both Mehra and the counsel for TRAI accepted the notice and agreed to file their affidavits within time.

     

    The other big development in the case was the inclusion of the News Broadcasters Association (NBA) also coming as an intervener and joining the case as the third respondent apart from the Union of India and the TRAI. NBA counsel, A J Bhambhani pointed out that TAM only covered about 8000 homes in India, which doesn’t cover all the TV homes and thus isn’t a complete survey.
     

    Interestingly, the judge curious to know why instead of TAM approaching the court, a stakeholder Kantar has taken the step. To this, Salve said that the move was taken as Kantar is a major shareholder in TAM and the guideline related to cross holding affects Kantar and not TAM.

     

    Responding to a question posed by the judge, Salve said that TAM had nothing to gain by pushing up the TRPs. Its clients were advertisers and broadcasters and not the common viewer. Any rigs in ratings would be strongly protested against, he said. Salve also brought to the fore that regulations or guidelines need to be placed before the Parliament for approval.
     

    The case will now be heard once again on 11 February with Kantar fighting it out against the government, TRAI and the NBA.