Tag: Supreme Court

  • Govt tells SC NDTV note on ‘violation’ unacceptable, agrees to hearing

    MUMBAI: The central government on Saturday told the Supreme Court that NDTV India has not apologised but only sent a note over the alleged violation of telecast norms during the Pathankot attack, which is not acceptable. New Delhi Television Ltd earlier told apex court that it will not tender an apology for the coverage on 2 January 2016.

    Solicitor General Ranjit Kumar told a bench of Justices Ashok Bhushan and A K Sikri that the note from the TV channel does not seek apology in “explicit” terms, and hence cannot be accepted, the PTI reported. Advocate Harish Salve, appearing on behalf of NDTV, said then the channel would prefer hearing of its petition.

    The government put the ban in abeyance after the NDTV group moved the Supreme Court against the one-day ban imposed for 9 November, 2016. On 3 November, 2016, the ministry of information & broadcasting (MIB) asked NDTV India to go off-air for a day for revealing sensitive details on the Pathankot attack.

    Kumar meantime agreed to the hearing of the petition filed by the channel against the MIB order. The court posted the matter for hearing after three weeks. 

    Also Read: 

    NDTV won’t apologise for Pathankot coverage

    NDTV India ban reversal: Centre wants apology, counsel seeks time from SC

    Govt hands NDTV India 24-hr ban for breach of content code

    NDTV ban: SC to hear appeal today

  • NDTV won’t apologise for Pathankot coverage

    MUMBAI: New Delhi Television Ltd (NDTV) has told the Supreme Court that it will not tender an apology for its coverage of the Pathankot airbase terror attack on 2 January 2016.

    Senior advocate Harish Salve, appearing for NDTV, informed a bench of justices AK Sikri and Ashok Bhushan who briefly heard the matter that the channel will not tender an apology for its coverage.

    Law officer solicitor-general Ranjit Kumar said that, since NDTV had refused to furnishing a letter of apology, there was no other option but to hear the matter on merit. The case will be heard after three weeks.

    The government had imposed a one-day blackout order against NDTV India (since held in abeyance) which will be reversed after it offers an apology.

    On 3 November, 2016, the ministry of information & broadcasting (I&B) asked NDTV India to go off-air for a day on 9 November for revealing sensitive details on the Pathankot attack.

    NDTV then moved the apex court challenging the constitutional validity of the order and the provisions of law pursuant to which the said order has purportedly been passed.

    Also Read:

    NDTV India ban reversal: Centre wants apology, counsel seeks time from SC

    Govt hands NDTV India 24-hr ban for breach of content code

    NDTV ban: SC to hear appeal today

  • TRAI extends tariff regulations execution date, Madras High court arguments to continue

    NEW DELHI: Following the Telecom Regulatory Authority of India’s request that its tariff regulations which were slated to come into effect on 2 April were being deferred to 2 May 2017, Star India and Vijay TV decided not to press for their pleas  in view of the ongoing case in Madras hIgh Court.

    The  regulator In a letter submitted to the court its counsel Richard Wilson and signed by by TRAI Secretary Sudhir Gupta, stated that this was being done in view of certain ambiguities raised by some stakehlolders.

    The Court was told that a formal notice about this would be released in due course.
    The broadcasters had filed the application on the plea of the deadline set by TRAI.

     Meanwhile, the Court fixed the matter for further hearing on 3 April even as TRAI counsel commenced his arguments following the conclusion of the arguments by the broadcasters over two days commencing last Friday.

    After TRAI counsel concludes his arguments next week, the Court will hear counsel of All India Digital Cable Federation which been impleaded in the matter.

    Earlier on 3 March, the regulator had issued the three regulations after getting a directive from the Supreme Court on its appeal against a stay granted by the Madras High Court. While granting the appeal, the apex Court also asked the High Court to conclude hearing in sixty days.
    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directives that will affect the content since that did not fall in its purview.

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

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Follwing these regulations, the broadcasters had filed an amended petition and TRAI had also replied to the same last week.

    Concluding his arguments for the broadcasters, senior counsel P Chidambaram argued that TRAI’s action of fixing tariff for TV content was in violation of the Copyright Act. He also submitted that TRAI did not have the jurisdiction to fix tariff since the exploitation of IPR was part of the Copyright Act.

    Also read:

    Star-Vijay Copyright case hearing next week, TRAI to file counter

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

    NEW DELHI: The Madras High Court today decided to hear on 24 March the case by  Star India and Vijay TV alleging that the Telecom Regulatory Authority of India tariff and other orders allegedly were in conflict with Copyright Act 1957.

    This development came after the HC allowed an amended application from petitioners to be filed, which, according to industry sources, broadly states that TRAI regulations involving tariff, etc are bad in law.

    Following the Supreme Court directive of 16 February 2017 on an appeal permitting TRAI to issue its tariff and other orders even as the case would continue in the High Court, both the broadcasters had filed an amended petition. The court also directed TRAI to file its reply by Wednesday next.

    TRAI had issued three regulations, including one on tariff on 16 January 2017, the day the Supreme Court gave its clearance.

    The broadcasters had sought to argue that the TRAI orders are in conflict with the Copyright Act 1957. As a result of that court order and pending the full hearing of the case, TRAI would not be able to pass any guideline for issues such as broadcast tariff, broadcast interconnect, and quality of services. The temporary stay by Madras HC was over-ruled by SC later.

    It is also expected that a final judgment on the case could come about by 3 April 2017 in the Madras HC, if not before that date.

    Last year, TRAI had issued draft guidelines on tariff interconnect and quality of service, and TRAI chairman RS Sharma had then told indiantelevision.com that the regulator would come out with its final recommedation by the end of 2016.

    It may be recalled that the Indian Broadcasting Foundation (IBF) had also said in reaction to the TRAI drafts that the exercise was in direct conflict with the provisions of the Indian Copyright Act.

    The comments had been stated in a submission to the Telecommunication (Broadcasting and Cable Services) Interconnection (Addressable Systems) Regulations 2016; the Telecommunication (Broadcasting and Cable Services) (Eighth) (Addressable Systems) Tariff Order 2016; and the Standards of Quality of Service) and Consumer Protection (Digital Addressable Systems) Regulations 2016.

    The All India Digital Cable Federation (AIDCF), which had made itself party to the case after being allowed by the Madras High Court, till the time of writing this report had not yet made up its mind whether to further join issues with petitoners’ amended application in Madras High Court.

    Also read

    Maintain status quo on broadcast guidelines, Madras HC tells TRAI

  • TRAI justifies tariff, QoS, interconnect orders, declines comment on jurisdiction

    NEW DELHI: The Telecom Regulatory Authority of India today justified the issuance of the regulations relating to tariff, interconnect and quality of service regulations relating to digital addressable system on the ground that this will bring transparency in the system.

    In a hurriedly-called press meet, principal advisor Sunil Gupta said the aim was to bring in a fair and equitable share of revenue to all stakeholders.

    However, the regulator refused to comment on whether it had the jurisdiction to issue any or all the orders as the matter was sub-judice in the Madras High Court.

    The Supreme Court, while allowing an appeal by TRAI on 3 March and vacating the stay order, had said that the Madras High Court could continue hearing the case. However, it said the case in the High Court would continue and would have to be completed within sixty days.

    Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.

    The petition had been filed by Star India and Vijay TV under the Copyright Act on the ground that TRAI could not give any directives that will affect the content since that did not fall in its purview.

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

    A cursory glance shows that the regulator has stuck to its draft with some incidental changes.

    The orders can be seen at:
    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf
    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf
    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Also read:

    TRAI tariff & quality of services regulations

    TRAI issues comprehensive interconnect draft guidelines

    Offer Premium channels as a la carte, don’t bundle: TRAI

  • Cable TV price may reduce as TRAI issues tariff, QofS, interconnect regulations after SC nod

    MUMBAI: Cable TV prices are now expected to reduce after Telecom Regulatory Authority of India yesterday issued a series of orders relating to digital addressable systems.

    Broadcast carriage regulator TRAI had lined up a slew of guidelines relating to tariff, quality of service and interconnections, including proposing maximum retail price (MRP) for channels being bundled in genre-wise bouquets, freeing unbundled premium channels of  price caps and reining in the last mile cable operator (LCO) from breaching revenue-gravy trail.

    Sources in TRAI had indicated the regulator had favoured introducing MRP for TV channels that broadcasters offer in a bouquet to MSOs so the prices could be conveyed to a consumer in a transparent manner for him to make an empowered choice. Though broadcasting companies do submit annually a-la-carte rates of their respective channels to TRAI, the regulator was of the opinion that a consumer doesn’t ultimately get to choose the channel of his choice transparently.

    Following the green signal from the Supreme Court yesterday morning, TRAI issued a series of orders relating to digital addressable systems.

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

    In separate press releases, TRAI said the three documents issued in October last year were in draft form. Earlier, the regulator had issued consultation papers on the issues and finalized the regulations after receiving responses from stakeholders and open house discussions, the final regulations have been issued. The regulations had been issued after However, a cursory glance shows that the regulator has stuck to its draft with some incidental changes.

    The orders can be seen at:

    http://trai.gov.in/sites/default/files/Tariff_Order_English_3%20March_2017.pdf

    http://www.trai.gov.in/sites/default/files/QOS_Regulation_03_03_2017.pdf

    http://www.trai.gov.in/sites/default/files/Interconnection_Regulation_03_mar_2917.pdf

    Earlier, both Star India and Vijay TV had filed a petition in Madras High Court under the Copyright Act on the ground that TRAI could not issue orders that would affect content but could only issue regulations relating to distribution and other matters.

    After the High Court stayed all orders issued by it, TRAI appealed to the Supreme Court which this morning said that TRAI was free to issue its orders. However, it said the case in the High Court would continue and would have to be completed within sixty days.

    Both channels were also given leave to amend their petitions in the event of TRAI issuing any orders.

    Also read:

    TRAI tariff & quality of services regulations

    TRAI issues comprehensive interconnect draft guidelines

    Offer Premium channels as a la carte, don’t bundle: TRAI

  • Comment: Is BCCI lbw on Star’s sponsorship googly?

    Why blame Virat Kohli & Co. for crumbling on a doctored pitch in Pune in the first Test against the visiting Ausssies? And, why should it come as a surprise? Indian cricket — administrators, (most) cricketers, sponsors, various rights holders, other stakeholders, et al — itself lives in a fairly land of its own making where games are played on dusty bowls and fiercely fought with no punches pulled. Star India’s latest googly to BCCI just goes on to amplify these. BCCI, though, has played the ball with a straight and dead bat.

    A month before its contract for the Team India’s jersey sponsorship comes to an end in March 2017, Star India’s Chairman and CEO Uday Shankar has set the game up. “Given all the volatility, we are indeed concerned about the health of cricket in the days ahead. We have been very proud that our name is carried on the jersey of Team India. But given all the uncertainties, we have decided not to bid for it again. The commitments being asked for are too onerous without any clarity,” Shankar bared a marketing fang in an interview given to Times of India.

    A veteran of many journalistic face-offs earlier and now a master corporate strategist, Shankar’s message to BCCI or Indian cricket’s administrative body was clear, if not politically loaded: forget Team India’s indifferent performances at times on field, we can live with it; it’s the off-field boardroom games that’s making us uneasy to risk our money.

    If the government of the day believes that ‘desh badal raha hai’ or the country is changing, why should BCCI also not reflect that narrative? Finding itself in the throes of controversies, some which are self-induced and some inflicted by the Supreme Court, BCCI seems unable to extricate itself from conflicts with itself and those with the cricket’s international governing body, ICC. What with some past office-bearers threatening to oppose moves of the Supreme Court-appointed interim administrative body shorn of politicians, it’s a piquant situation worthy of a Bollywood potboiler. Especially when there are question marks over India’s participation in strong cricketing properties, including the Champions Trophy and the IPL prospects not looking so rosy.

    Though some cricket observers feel that Star India is playing a who-would-blink-first game with BCCI, admittedly weakened by SC-induced structural changes, subsequent internal wrangling and flexing of muscle by ICC, presently led by former Indian chief administrator Shashank Manohar, others feel Star does have a point. A big financial point.

    According to Espncricinfo.com, Star India had bagged the Indian team sponsorship rights for a four-year period, starting 1 January 2014 and ending 31 March , 2017, with a bid worth Rs 19.2 million (US$315,000 approx) per match for bilateral series and Rs 6.1 million (US$100,000 approx) per match for ICC-sponsored tournaments. This had brought to an end a 12-year partnership with Sahara.

    Star, which also holds the broadcast, internet and mobile rights to Indian cricket until March 2018, had invested a few billions of dollars in Indian cricket overall, as per Shankar’s own admission to Times of India recently. Star’s jersey sponsorship contract that expires this March-end included the right to be called the official team sponsor and to display a commercial logo on the men’s, women’s, Under-19 and `A’ players and on their teams’ kits.

    Though Star obliquely may not be in favour of Test cricket — “If there are millions of people…not so attached to Test cricket but are very excited about the T20, then there’s a certain message that needs to be taken seriously”, says Shankar — the exposure that it has got as the team sponsor of men’s and women’s Indian cricketers in Tests, one-dayers and other smaller format of the game also cannot be denied.

    However, despite wanting to control things, Star India has been unable to influence much the twists and turns in soap opera called `BCCI’s transformation’, directed by the Supreme Court, which has raised uncertainties and question marks over return on investments for Star. Especially if Team India did not play in some tournaments or against certain country (like Pakistan) owing to not only India’s national political narrative, but also waning of support from other cricket-playing nations that Star describes as ebbing of India’s controlling power over international cricket despite being the biggest contributors.

    That one of the biggest investors in Indian cricket was never consulted on matters cricketing (“I don’t think we have ever been consulted or our views have been sought. This is a bit intriguing for us…as people committed to such high sums of contractual value, we have a point of view,” Shankar says) would have been rankling Star much. But that it still continued to invest in cricket, including Indian, also highlights the gains.

    In this tug-of-war of investment vs. RoI, BCCI may seem to be on a weak wicket presently, but it cannot be denied that other stakeholders, including Star, are trying to put pressure in an effort to close the game early on this turning pitch. But don’t think it’s all over for BCCI if Star backs out as team sponsor. Even Star has left itself room to manoeuvre as Shankar in the TOI interview states: “However, given all the volatility in the cricket world, we will have to be very careful before making any further commitments.”

    Remember what they say in cricket that the match isn’t over till the last ball has been bowled. And, the last ball remains to be still bowled in this game.

  • SC keeps TRAI request on tariff pending till Madras HC completes hearing

    NEW DELHI: The Supreme Court today refused to step in to allow TRAI to issue final broadcast tariff regulations, saying it would wait for the final outcome of a case in Madras High Court on a similar matter. The case in the apex court now has been listed for late March.

    TRAI had filed a special leave petition in SC requesting quashing of a Madras HC order stopping it from issuing tariff guidelines till it disposed of a petition filed by Star TV and Vijay TV relating to whether TRAI can frame rules relating to tariff and copyright laws, both   Indian and international.

    About 10 days back TRAI, as directed by the SC earlier, had submitted in a sealed envelope its final broadcast tariff guidelines seeking permission to notify the same.

    The apex court, while directing TRAI that it could continue with its regulation-framing exercise and also argue the matter in the Madras High Court had directed that before mandating any fresh rules, the broadcast and telecoms regulator should seek its permission.

    The Madras HC high court had asked TRAI to maintain status quo on tariff guidelines till full hearing of the case filed by Star India and Vijay TV. The court would later this month also hear the case of Indian MSOs’ industry organisation, AIDCF, which had requested to be impleaded in the Star TV and Vijay TV vs. TRAI case and be heard.

    Also Read:

    MSOs join issues with TRAI tariff plea at Madras HC

    Tariff order: Don’t notify without SC nod, TRAI told; Madras HC case to continue

    DAS Phase IV pace slack; MIB to meet Indian STB makers

    TRAI jurisdiction: IBF plea dismissed, AIDCF impleadment decision on 22 Feb

  • BCCI gets new ICC financial model discussion postponed

    BCCI gets new ICC financial model discussion postponed

    MUMBAI: At the ICC Board meeting today in Dubai on Friday, there was an agenda item for discussion on a proposed new financial model and governance structure of the ICC.

    The BCCI representative, Vikram Limaye, expressed his concern over both the documents especially in light of the insufficient time available to the (India’s) Supreme Court-appointed committee of administrators to take an informed view on the said proposal, and also there being no scientific basis behind the percentage distribution allocation that was being proposed other than “good faith and equity”.

    Limaye requested that both proposals be taken up at the next ICC board meeting in April 2017.

    The ICC Chairman requested each member to vote for / against these proposals being base documents, to be taken up for final approval in April 2017, it being understood that members could suggest changes to these documents between now and and the next board meeting.

    Limaye reiterated that BCCI cannot consider these as the official base documents as the Committee of Administrators, appointed by the Supreme Court of India, was formed only four days ago and voted against the proposals.

    However, the board based on the voting of members approved the proposals, for final consideration in April 2017.

    Also Read:

    Former CAG Vinod Rai to head BCCI

    Lodha inspires clean-up across Indian sports

  • BCCI gets new ICC financial model discussion postponed

    BCCI gets new ICC financial model discussion postponed

    MUMBAI: At the ICC Board meeting today in Dubai on Friday, there was an agenda item for discussion on a proposed new financial model and governance structure of the ICC.

    The BCCI representative, Vikram Limaye, expressed his concern over both the documents especially in light of the insufficient time available to the (India’s) Supreme Court-appointed committee of administrators to take an informed view on the said proposal, and also there being no scientific basis behind the percentage distribution allocation that was being proposed other than “good faith and equity”.

    Limaye requested that both proposals be taken up at the next ICC board meeting in April 2017.

    The ICC Chairman requested each member to vote for / against these proposals being base documents, to be taken up for final approval in April 2017, it being understood that members could suggest changes to these documents between now and and the next board meeting.

    Limaye reiterated that BCCI cannot consider these as the official base documents as the Committee of Administrators, appointed by the Supreme Court of India, was formed only four days ago and voted against the proposals.

    However, the board based on the voting of members approved the proposals, for final consideration in April 2017.

    Also Read:

    Former CAG Vinod Rai to head BCCI

    Lodha inspires clean-up across Indian sports