Delhi HC stays TDSAT ruling on broadcasters

1 min read 29 Sep 2022, 11:16 PM IST Join us

Priyanka Gawande

The court also questioned the jurisdiction of Trai to regulate OTT firms

NEW DELHI : The Delhi High Court on Thursday stayed a 20 September order of the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), which directed broadcasters, including Star India Pvt. Ltd , Sony Pictures Networks India Ltd, and Sun TV Network Ltd, to provide information to Telecom Regulatory Authority of India (Trai) on all the content of TV channels being made available on their own over the top platforms (OTT). A bench headed by Justice Yashwant Verma said: “Prima facie, the court finds itself unable to sustain the order of 20 September. The TDSAT order and the proceedings before TDSAT have been stayed till the next date of hearing."

The matter will be heard by on 3 March 2023. Meanwhile, a notice has been issue to Trai.

Star owns Disney+Hotstar, Sony runs SonyLiv and Sun TV is the owner of SunNXT.

The court also questioned the jurisdiction of Trai to regulate OTT firms. In a circular on 25 November 2021 Trai had asked Star, Sony and Sun TV to provide detailed information on shared content of TV channels and OTT platforms.The broadcasters moved TDSAT challenging the jurisdiction of Trai, and questioned its power and authority to seek information in this regard.

The broadcasters submitted before the court that Trai’s stated position in earlier judicial proceedings is that it does not regulate OTT platforms. In fact, the appellate tribunal had provided an ad-interim protection to broadcasters against any coercive action by Trai.

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ABOUT THE AUTHOR

Priyanka Gawande

Priyanka Gawande is a senior legal correspondent at Mint. She has worked as legal reporter for four years with both television and digital mediums. Based in Mumbai, she reports on disputes across sectors including banking, corporates and finance. This also includes insolvency and bankruptcy cases and intellectual property rights (IPR) litigation. Her focus also comprises tracking capital markets and disputes relating to securities law. Previously, Priyanka worked with Informist Media for 2.5 years covering major insolvency and bankruptcy cases and corporate developments. She started her career in journalism with Business Television India (BTVi) where she reported on primary markets, banking, finance and insurance companies.