TDSAT dismisses broadcasters Ad-Cap appeal

In a latest development, The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has dismissed the ad cap case put up between Telecom Regulatory Authority of India (TRAI) and the News Broadcaster Association (NBA). Sources close to the development state that the tribunal is said to have dismissed the appeal in the wake of a recent judgement by the Supreme Court which stated that TDSAT does not hold any authority to hear cases challenging TRAI regulations.

It may be recalled that the TDSAT bench, headed by Justice Aftab Alam, had heard the three parties involved in the case but had withheld its judgement last week. It was in a hearing held today, in the presence of the three concerned body’s presence that the case has been dismissed.

The next step to be taken by the petitioners is to directly approach the High Courts. Though senior legal personnel and industry members suggests that, “Though the Tribunal has given the autonomy to the broadcasters to go to High Court, it now depends upon them as to whether they wish to file a fresh case or not!”

The NBA had challenged the ad regulation in August; which meant that any TV channel cannot put advertisements for more than 12 minutes per clock hour, as off October, 2013. The NBA had decided to go up against the regulation since the (news) genre has the highest minutes of airtime currently. The association was then joined by Sun TV Network, Eenadu Television, Orissa’s Sarthak Entertainment, Raj TV Network, MAA TV Network, B4U Broadband, 9X Media, Reliance Broadcast Network, and Polimer Media seeking a stay on ad regulation. All the petitions had come up for hearing on 31 October. The TDSAT, however, had adjourned the matter to 11 November. The tribunal had also rejected Star India, Viacom18, and ZEEL’s petition seeking to be made party to the case on the ground that they were already complying with the ad regulation.

While officials from the parties involved in the sub-judicial matter remained tight-lipped to comment, sources state that, a meeting between the NBA and other broadcasters and the TRAI which is slated for tomorrow, will be a decisive one as the final shape of the case and the repercussions it will cast on the parties involved will be known only with the dawn of the next day.