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Tag: SC

  • SC issues notice to TRAI in NTO 2.0 case

    SC issues notice to TRAI in NTO 2.0 case

    New Delhi: The Supreme Court on Wednesday issued a notice to the Telecom Regulatory Authority of India (TRAI) on the petitions filed by broadcasters against the Bombay high court judgment upholding the New Tariff Order (NTO) 2.0.

    The bench of Chief Justice NV Ramana, Justice Surya Kant, and Justice Aniruddha Bose presided over the hearing. It has also directed TRAI to file its reply before the next date of hearing.

    On 30 June, the Bombay HC had upheld the constitutional validity of the NTO 2.0 while striking down one of the twin conditions relating to the average pricing of a channel in a bouquet terming it as ‘arbitrary’. The court had also extended interim relief to the broadcasters for six weeks, and asked the regulatory body not to take any coercive action against them in case of non-compliance.

    The judgment was challenged by the Indian Broadcasting and Digital Foundation (IBDF), and several individual broadcasters including Zee, Sony, TV 18, Star India, and Film and Television Guild of India Ltd in the Supreme Court. On 6 August, the apex court asked them to get back to it with slimmer petitions and posted the matter for hearing on 18 August.

    Among other things, the New Tariff Order (NTO) 2.0 issued by TRAI in January, 2020 prescribed linkage between a-la-carte price and Bouquet and reduced the price cap on the subscription fees for pay channels. So, TV broadcasters can now include a channel in a pack only if it is priced at Rs 12 or less than that. Earlier, this limit was Rs. 19. According to broadcasters, NTO 2.0 is ‘violative of their fundamental right’, and could prove detrimental to the overall sectoral growth.

    The matter is next listed on 7 September for consideration of stay on NTO 2.0.

  • SC grants interim protection to Amazon Prime Video’s Aparna Purohit

    SC grants interim protection to Amazon Prime Video’s Aparna Purohit

    New Delhi: The Supreme Court on Friday granted interim protection from arrest to Amazon Prime Video's India originals head Aparna Purohit in the FIR registered by Uttar Pradesh police in connection with the web series, Tandav.

    The court was hearing Purohit’s appeal challenging the Allahabad high court order which had denied her petition for an anticipatory bail in FIR filed in greater Noida, reported Bar & Bench. The protection was granted subject to the condition that she would cooperate with the investigation.

    The top court also observed that the latest guidelines issued by the Centre to regulate the content on the over-the-top (OTT) platforms were insufficient. "We went through the technology intermediary guidelines. But there's no teeth. No power of prosecution. These are just guidelines. No mechanism to control it. Without legislation you cannot control it," the bench noted.

    Solicitor general Tushar Mehta informed the court that the government will prepare a draft law and submit it before court for consideration.

    Tandav, a nine-episode political thriller on Amazon Prime Video, landed in controversy after some Hindu groups accused the makers of hurting religious sentiments through certain scenes which allegedly mocked Hindu deity Shiva. This led to registering of FIRs in several cities, barely days after it was released on the OTT platform on 15 January. Amidst the furore, director Ali Abbas Zafar has already issued an unconditional apology on social media stating that the makers have utmost respect for the sentiments of the people of our country. 

    Amazon Prime Video too, on multiple occasions, has apologised to viewers whose sentiments were hurt by certain scenes in the show. Additionally, the objectionable scenes were either removed or edited, the company stated. “Amazon Prime Video again deeply regrets that viewers considered certain scenes to be objectionable in the recently launched fictional series Tandav. This was never our intention, and the scenes that were objected to were removed or edited when they were brought to our attention. We respect our viewers’ diverse beliefs and apologised unconditionally to anyone who felt hurt by these scenes,” the streamer said in a statement.

  • SC shields Arnab Goswami from arrest in breach of privilege case

    SC shields Arnab Goswami from arrest in breach of privilege case

    NEW DELHI: In a major relief to Republic TV editor-in-chief Arnab Goswami, the Supreme Court has granted him protection from arrest in Maharashtra assembly’s breach of privilege motion against him for his reportage on actor Sushant Singh Rajput’s death case. 

    The court highlighted Article 32 stating that the right to approach the court is a fundamental right and no citizen can be deterred from exercising that. 

    The apex court has also served a show-cause notice to the secretary of the Maharashtra legislative assembly for a letter sent to Goswami cautioning him against disclosing house notice to the apex court. The notice directs the assembly secretary to explain why contempt proceedings should not be initiated against him. The assembly secretary has been given two weeks’ time to send in his reply. 

    In September, Shiv Sena MLA Pratap Sarnaik had moved the privilege motion against Goswami in the assembly for the journalist’s “derogatory language” and “baseless remarks” against chief minister Uddhav Thackeray and NCP president Sharad Pawar while covering the Sushant Singh Rajput case. 

    On a related note, Goswami is currently remanded in 14-day judicial custody for his connection to a 2018 case of abetment to suicide of an interior designer. The order in his plea for interim protection is expected to come today. 

  • Supreme Court gives Arnab Goswami 3 weeks’ protection from arrest

    Supreme Court gives Arnab Goswami 3 weeks’ protection from arrest

    MUMBAI: The Supreme Court has granted three weeks’ protection to Republic TV managing director and editor-in-chief Arnab Goswami from arrest in the case of a series of FIRs filed against him in various states.

    Follow Tellychakkar for consumer-facing news & entertainment

    FIRs were filed against him in some states in connection with making alleged defamatory statements during news shows on lynching of three persons, including two priests in Maharashtra.

    FIRs were lodged in Maharashtra, Madhya Pradesh, Chhattisgarh, Rajasthan, Telangana and Jammu & Kashmir.

    A bench, comprising Justices D Y Chandrachud and M R Shah, said during a video conference that "no coercive actions" shall be taken against him for two weeks.

    “Court intends to protect the petitioner for a period of three weeks from today and permit him to move anticipatory bail application before the trial court or high court. For a period of two weeks, the petitioner shall be protected against any coercive steps in relation to the FIRs arising out of the telecast which took place on April 21,” said the court.

  • TRAI’s SLP on 15% bouquet discount cap dismissed as withdrawn in SC

    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.

  • SC tells DD to air show warning about Blue Whale

    SC tells DD to air show warning about Blue Whale

    NEW DELHI: Amidst reports of suicides reportedly caused by the Blue Whale online game, public broadcaster Doordarshan has been asked by the Supreme Court to conceive and air a cautionary and educational programme on its dangers.

    DD was given a week’s time to prepare the programme that should be of at least ten minutes and should be telecast at prime time.

    A bench headed by chief justice Dipak Misra with justices DY Chandrachud and AM Khanwilkar said, “Anything that threatens life should be condemned.” The case by a 73-year old Chennai advocate N S Ponnaiah has been posted for further hearing on 15 November 2017.

    “Suffice to say that the Blue Whale game is dangerous to life. What endangers life has to be condemned and not allowed,” Misra observed.

    The court asked DD to script the programme in consultation with the Ministries of Home Affairs, Women and Child Welfare Department, Human Resource and Development and Information Broadcasting, and Information Technology.

    The court also directed the government to see to it that private channels also telecast the programme.

    “The idea behind the programme is to make parents and children aware of the dangers of online games like Blue Whale. The message of the programme should be that children should not be trapped by the game. There are children who are lonely and frustrated. Definitely visuals will have more impact,” Chief Justice Misra said.

    According to additional solicitor general PS Narasimha, a committee constituted by the Ministry of Information Technology found that around 28 cases have been traced to have links with Blue Whale game. A probe was on and a complete picture of the extent and means of the game would be ascertained in the next three weeks.

    The Centre was determined to “stop the game”, which has the potentiality to destroy life. The government had communicated to many agencies and online platforms to check and inform on the availability and use of the game.

    The commission has told school authorities to thoroughly verify the background of teachers and non-teaching staff before hiring them.

    The Blue Whale challenge is a game created by Russian national Philipp Budeikin, 22, in which a set of instructions tell the players to harm themselves and eventually commit suicide. Budeikin is now in jail.

  • SC show cause to BCCI: Why Lodha panel recommendations not implemented

    SC show cause to BCCI: Why Lodha panel recommendations not implemented

    MUMBAI: The Supreme Court has issued a show-cause notice to BCCI acting secretary Amitabh Chaudhary to explain as to why its order on the Justice R M Lodha committee recommendations has not yet been implemented. 

    A three-judge bench headed by Justice Dipak Misra was told by the apex court-appointed Committee of Administrators (COA) that none of the Lodha panel recommendations or the court’s directions have been implemented. 

    Senior advocate Gopal Subramanium, assisting the court as amicus curiae, said that three BCCI office-bearers — C K Khanna, Amitabh Chaudhary and Anirudh Chaudhary, were the persons responsible for implementing the recommendations and the court’s directions. The trio has been asked to personally appear in the court on 19 September.

    Taking into account the court’s order dated 2 January that ousted Anurag Thakur and Ajay Shirke from their board positions, the CoA requested the bench for the removal of Choudhary, Chaudhry and Khanna.

    In the absence of a working committee, the CoA noted, administrators and not the office-bearers were needed to be given the authority to manage the board’s affairs. 

    In a landmark judgment on 18 July, 2016, the apex court had approved majority of the recommendations put forth by the committee led by retired chief justice RM Lodha. The BCCI was given a deadline of six months to implement the accepted reforms.

    Also Read:

    IPL: Discovery & YuppTV in fray, CoA-BCCI discuss conflict of interest & pay today

    IPL: BCCI tells SC rights bidding process under way, hearing on 22 Aug

    IPL tendering process to commence 17 July; bidding to be fierce

  • Star India wins: SC disallows Prasar from retransmitting shared sports feed live

    Star India wins: SC disallows Prasar from retransmitting shared sports feed live

    NEW DELHI: The Supreme Court has said that shared feed of sporting events can only be carried on the terrestrial network of Doordarshan or DD FreeDish. 

    The judgement would help private broadcasters like Star India from possible losses in subscription and advertising revenues due to sharing of signals with Prasar Bharati which were eventually carried by private DTH and cable operators. Immediately after the judgment became known, DD and PB officials went into a huddle to study the ramifications. A DD official declined to comment.

    In a significant judgment, a division bench headed by Justice Ranjan Gogoi said that, though the Sports Broadcasting Signals (Mandatory Sharing with Prasar Bharati) Act, 2007, allows the feed of a sporting event of national importance to be shared mandatorily with Prasar Bharati, the public broadcaster cannot utilise it on a notified channel which has to be compulsorily carried by private distribution platforms. 

    While the judgement enables Prasar Bharati to expropriate the feed, the private sports channels will not be competing against Prasar Bharati on a commercial basis for the same content. 

    The judgment came on an appeal by the pubcaster against an order obtained by Star India from a two-judge bench of the Delhi High Court comprising Justice B D Ahmed and Vibhu Bakhru.

    Also Read:

    Star Bharat to be available on DD FreeDish as b’caster’s fourth FTA offering

    Prasar may soon launch OTT, keep tabs on DD costs, exploit reach

  • IPL: BCCI tells SC rights bidding process under way, hearing on 22 Aug

    IPL: BCCI tells SC rights bidding process under way, hearing on 22 Aug

    MUMBAI: The Supreme Court sent a legal notice to the Board of Control for Cricket in India (BCCI)  enquiring why the IPL media rights auction has not taken place online. And, BCCI told the court that e-auction of rights was not possible and that the court should not intervene as the bidding process was already under way.

    The auction process for IPL media rights is in progress up to 28 August, and the rights would operate for a period of five years. BJP MP Subramanian Swamy had, on 11 July, filed a petition before the apex court asking why broadcast rights for cricket matches would not be sold through e-auction. He had mentioned that the BCCI should have gone for e-auction since a huge amount of Rs 300 billion was at stake.

    The court had directed the board to respond in two weeks.

    The bench, comprising Justices AM Khanwilkar and Dipak Misra, has asked the Committee of Administrators (CoA), appointed by it, to assist the apex court in deciding the issue. The next hearing is now scheduled for 22 August.

    IPL’s TV broadcast rights were held by Sony Pictures Networks till the 10th edition which concluded in June. The Internet and mobile rights were awarded to Novi Digital Entertainment Pvt. Ltd (Hotstar), a unit of Star India, for a period of three years to 2017.

    Singapore-based World Sport Group pocketed the IPL broadcasting rights for 10 years in 2008 by investing US$ 918 million. A year later, the contract was replaced when Sony Group (through Multi Screen Media Pvt. Ltd) paid US$ 1.63 billion for the nine-year broadcasting rights. The auction process was delayed last year on the Supreme Court’s directive to first comply with the Lodha panel reforms.

    Facebook, Reliance Jio, Twitter, Sony Pictures Network India and Star India were some of the major companies who picked up the tender document. While the television broadcast rights for the Indian subcontinent is for 10 seasons (up to 2027), the digital rights are valid for five seasons and the international media rights also are for five seasons.

     

    Also Read: IPL: Media rights race hots up after IMG renews events deal

    Swamy seeks transparency in IPL media rights through SC

    IPL tendering process to commence 17 July; bidding to be fierce

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

    MUMBAI: The Supreme Court of India has granted a stay on TRAI’s new tariff orders. A division bench of the court comprising Justice Rohinton Fali Nariman and Justice Pinaki Chandra Ghose agreed to the demand of Star India, thus staying the new tariff order and interconnect regulations. 

    Industry sources told www.indiantelevision.com, “The apex court has asked the Madras High Court to complete the hearing within four weeks.” “The case will be heard on a day-to-day basis from 12 June — the date of the next hearing scheduled by the Madras High Court,” the sources added.

    The Supreme Court today (Monday, 8 May) heard the appeal by Star India and Vijay TV challenging the order of the Madras High Court which refused to stay the DAS tariff order of the Telecom Regulatory Authority of India. TRAI TV reference interconnect offer (RIO) and Quality of service order (QoS) had formally come into effect on 2 May following the order of the High Court.

    High Court Chief Justice Indira Banerjee and Justice M Sundar had directed the main petition of the broadcasters to be heard on 12 June. However, the court 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. The broadcasters had challenged the order of TRAI on the grounds that it had no jurisdiction over content, and that it actually came under the Copyright Act, which is not administered by TRAI, but by the Department of Industrial Policy and Promotion, as of last year.

    Apart from the tariff order which had originally been issued on 10 October last year, the regulator also issued the DAS Interconnect Regulations on 14 October, and the Standards of Quality of Service and Consumer Protection (Digital Addressable Systems) Regulations issued the same day (10 October).

    Also Read:

    Hearing of Star – TRAI case begins before MHC chief justice

    Decks cleared for TRAI tariff order implementation as HC declines stay (updated)