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Tag: Parliament

  • TRAI ad cap case: Judgement day dawns?

    TRAI ad cap case: Judgement day dawns?

    MUMBAI: Exactly a month after hearings first began in the ad cap case in the Telecom Disputes Appellate Tribunal (TDSAT), the verdict is set to be pronounced today. The TDSAT has listed it in the cause list for 11 December.

     

    The case that is being fought by broadcasters led by the News Broadcasters Association(NBA) against the Telecom Regulatory Authority of India (TRAI) is all set to be given a new direction.

     

    Indiantelevision.com gives you the highlights of the broadcasters vs TRAI ad cap legal slugfest and the coincidental twist that came near the end.

     

    The NBA’s main contentions were that TRAI does not have the authority to regulate content and that the agreement between the two is not of a licensor and a licensee but is rather a registration. It also said that the TRAI had not fulfilled the laying requirements before parliament thus making the regulation invalid.

     

    However, the TRAI stated that there was no rule in the TRAI act saying that merely because they hadn’t done the laying requirements, the regulation cannot be implemented. It also claimed that according to the terms of the licence and by applying section 7 of the Cable TV Networks Act it was authorised to implement the regulation to ensure the customers get quality of content on TV.

     

    After hearing the NBA, the TRAI, music channels and some other channels the TDSAT had reserved the judgement. The twist that came last week was when in a separate case of BSNL vs TRAI and others, the Supreme Court had ruled that cases in which the validity of a regulation by TRAI is challenged, cannot be heard in the TDSAT and has to be appealed against in the High Court since by law a regulation needs to be passed through parliament. This has put the fate of the ad cap regulation in a fix since officially TRAI claims it is a regulation.

     

    We wonder how the TDSAT will decide the case. Most probably, the TDSAT will dismiss it and request the petitioners to move the Hight Court after the verdict the SC gave on Friday. Had the petition been regarding the application of the regulation, the TDSAT could still have decided on it. However, the SC judgement clearly states that TDSAT cannot take a call on the very act that created it. TDSAT was formed under section 14 of the TRAI act giving it legislative and administrative powers.

     

    Section 36, under which the regulation was formed clearly underlines that if it is framed, it needs to be consistent with the terms of the TRAI act.

     

    However, after the SC ruling, the TDSAT seems to have been rendered powerless to decide on this case, even after 20 days of hearings and a long wait for the result, which will now be affected by the SC ruling.

     

    If the broadcasters are asked to move the HC, it means more time for them to deliberate on the validity of the regulation. But it is possible that they will have to follow the 12 minute ruling till the time, the HC does not say anything about it.

  • TRAI presents its ad cap arguments

    TRAI presents its ad cap arguments

    MUMBAI: After nearly a week long argument from the News Broadcasters Association (NBA) and music channels – B4U, 9XM, Mastiii and M Tunes — it was time for regional players and the big daddy – the Telecom Regulatory Authority of India (TRAI) to present their side of the story on the ad cap.

    Among those who presented their case today were Polimer Media and south India biggie Sun TV. The channels brought to the fore a point from February 2011 when TRAI had confirmed that “there should not be any regulation at present on advertisement on both FTA and Pay channels.”

    It had taken this position in Petition No. 34(C) of 2011 in the TDSAT filed by a society called Utsarg against TRAI and several other broadcasters and content aggregators seeking a cap on television advertising time on the ground that these advertisements interfered with viewership of television programmes. The channels questioned the reversal in TRAI’s  stance today.

    Now, it was the turn of the TRAI to send its lawyer to make its deposition.  TRAI argued that it was right in taking recourse to  both the Acts – the Cable Networks Regulation Act 1995 as well as The Indian Telegraph Act 1885 and the TRAI Act – and it was empowered under both as broadcasters are licensees under the latter. To this, the bench comprising of Justice Aftab Alam and member Kuldip Singh said that if it already has the authority under the Cable TV Act then it should not have acted on the TRAI Act.
        

    However, TRAI argued that the Cable TV Act is applicable only to cable operators and the bench in turn responded that a broadcaster does not come under it then. TRAI claimed that they were merely interpreting section 7 (11) of the Cable TV Act of 1995 which says that the authority has the power to ‘seize equipment used for operating the cable television network’ if it is found to be breaching its other sections.

    On the laying of the ad cap regulation in Parliament, TRAI’s counsel said that it had submitted it to the relevant ministry. To this, the bench responded that the law decrees that it would become applicable only after it is accepted or rejected or modified in the house. All the actions TRAI takes won’t apply with retrospective effect. Hence if TRAI  prosecutes a broadcaster before laying in parliament would not that be a violation of fundamental rights was the question?  The argument was then that in such a situation it is beyond the jurisdiction of the TDSAT and comes under the ambit of the Supreme Court.

    One of the points raised by the petitioner channels was the possible misuse of the 12 minute ad cap regulation. It said that a broadcaster could have uneven advertising slots such as one minute of advertisement in the first 30 minutes while the next half an hour could have 11 minutes. Similarly the concept of clock hour too had its flaws. Hypothetically, a broadcaster could air 11 minutes of ads from7:49 pm to 8 pm and then another 11 minutes of commercials between 8:00 pm to 8:11 pm. That would mean TV viewers would be subjected to 22 minutes of commercials in an hour of television time, thus putting paid to TRAI’s mandate to maintain quality of service. To this, the TRAI claimed that all laws can be misused but then it doesn’t stop them from being made.

    TRAI will continue its arguments tomorrow.

  • Govt: No proposal to include electronic media under Wage Board

    Govt: No proposal to include electronic media under Wage Board

    NEW DELHI: The government has categorically said there is no proposal at present to include all journalists in electronic media under the Wage Board.

     

    Minister of State for Labour & Employment Kodikunnil Suresh clarified in Parliament that journalists from the electronic media are not covered under the Wage Board for journalists.

     

    The Ministry administers the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 for the purpose of fixing/revising rates of wages and for regulating service conditions of Working Journalists and Non-Journalist Newspaper Employees only.

     

    Currently, the matter relating to Wage Boards for Journalists in pending in the Supreme Court.

  • A majority of advertisers comply with dictat of ASCI on complaints: Tewari

    A majority of advertisers comply with dictat of ASCI on complaints: Tewari

    NEW DELHI: More than ninety per cent of the advertisers comply with the orders of the Advertising Standards Council of India (ASCI).

    Information and broadcasting ministry informed the Parliament that in 2012-13, a total of 2954 complaints were received against 784 advertisements. Six hundred and forty of these complaints had been upheld and the advertisers had been asked to withdraw or modify the advertisements.

    ASCI has set up a new initiative wherein advertisements which are extremely inappropriate, indecent, vulgar and against public interest are suspended pending investigation.

    In cases where it appears prima facie that an advertisement is in serious breach of the ASCI code and its continued transmission on any medium causes or has the effect of causing public harm, then ASCI directs the advertiser/the advertising agency/the media buying agency and the media concerned to suspend the advertisement pending investigation.

    ASCI also informed that it will write to the concerned Ministries to take appropriate action against advertisers who do not comply with the ASCI orders.

  • Govt earns Rs 5.28 mn from film shootings in protected monuments over 3 years

    Govt earns Rs 5.28 mn from film shootings in protected monuments over 3 years

    NEW DELHI: The Government has earned around Rs 5.28 million from shooting of films in the precincts of protected monuments during the last three years.

    Culture minister Kumar Selja told Parliament that the income in 2011-12 was Rs 5.42 million.

    The revenue earned in 2009-10 was Rs 4.11 million while it rose to Rs 5.74 million in 2010-11.

    The minister denied that there was any plan to enhance the rates of filming and organising concerts at centrally protected monuments.

  • FTII governing body wants changes for upgradation

    FTII governing body wants changes for upgradation

    NEW DELHI: The Governing Council of the Film and Television Institute of India, Pune, has examined the Detailed Project Report for the upgradation of the Institute and suggested some changes.

    The DPR was prepared by a Committee of Experts following the decision of the Government to upgrade both the FTII and the Satyajit Ray FTII in Kolkata. A plan has already been undertaken to upgrade the FTII in a phased manner during the 11th and 12th Plan.

    A bill is to be introduced in Parliament shortly to enable the FTII – which is marking its 40th year – become a Centre of Excellence, Information and Broadcasting Ministry sources told indiantelevision.com.

    This recognition would enable the Institute to foster creative ideas and also enjoy the academic status and privileges of a University. It would also help students pursue higher studies and research in India and overseas. This measure would enable the FTII to draw a road map, to address the growing needs of the media and entertainment industry.

    The DPR broadly contains recommendations for revitalisation of the courses being offered by the Institute. It also envisages enhancing the infrastructure of the Institute.

    In a recent visit to Pune by members of Parliament, they endorsed the vision statement made by FTII Chairman Saeed Mirza. The MPs were of the view that FTII should reach out to remote areas to tap talents available there. For this purpose, it was proposed to hold mobile short term courses in critical aspects of filmmaking.

  • Cable ops must carry channels operated by Parliament

    Cable ops must carry channels operated by Parliament

    MUMBAI: The government has made it mandatory for all cable TV operators to transmit the Sansad Television Network channels.

    The Cable Television Networks (Regulation) Amendment Bill 2006 has incorporated section (8) of the Cable Television Networks (Regulation) Act, 1995 making it compulsory for every cable operator “to re-transmit channels operated by or on behalf of Parliament”.

    According to an official statement, the Cabinet’s decision will enable consumers to view the Parliamentary proceedings and other informative and educative programmes being transmitted by the channels operated by or on behalf of the Parliament of India.

    As per the new directive, every cable operator shall, from the commencement of the Cable Television Networks (Regulation) Amendment Act, 2000, re-transmit at least two Doordarshan terrestrial channels and one regional language channel of a State in the prime band, in satellite mode on frequencies other than those carrying terrestrial frequencies.

    Section 8 also mentions that these channels shall be re-transmitted without any deletion or alteration of any programme transmitted on them.