Broadcasters pin hopes on SC to correct Bombay HC's 'public interest' ruling on NTO 2.0

The TV broadcasting industry is worried that the Bombay HC ruling gives unbridled powers to TRAI in the name of imposing reasonable restrictions in public interest

e4m by Javed Farooqui
Published: Jul 14, 2021 8:22 AM  | 5 min read
IBF

Concerned over the wider implications of the Bombay High Court's ruling in the challenge to the new tariff order (NTO) 2.0 case, the broadcasters are hoping for the Supreme Court's intervention in the matter. The Indian Broadcasting Foundation (IBF) has already challenged the Bombay High Court order in the SC with other broadcasters expected to follow suit.

The bench of Justices AA Sayed and Anuja Prabhudessai in its 157-page order had noted that tariff fixation is part of regulatory powers of TRAI and is conceived in public interest. It also stated that TV broadcasting is an integral part of Article 19(1)(a) and broadcasters have a fundamental right to freedom of speech and expression. However, it added that the said right to free speech and expression is not absolute. It also said that the drop in reach or viewership of channels due to stipulations of TRAI cannot be seen as an infringement of fundamental rights of broadcasters.

While arriving at this conclusion, the High Court appears to have relied on the judgment pronounced in MIB vs Cricket Association of Bengal (decided by the Supreme Court in 1995) to read ‘public interest’ into Article 19(2). According to legal experts, this is not a correct reading of the MIB vs CAB judgement.

The TV broadcasting industry is worried that the Bombay HC ruling gives unbridled powers to TRAI in the name of imposing reasonable restrictions in public interest. The broadcasters fear that the TRAI might use the public interest argument to further bring down MRP and place additional restrictions on bouquet creation in case the price of monthly TV bills see an increase.

The broadcasters contend that 'public interest' cannot be a ground for restricting free speech since Article 19(2) of the constitution sets out eight specific grounds under which ‘freedom of speech & expression’ can be regulated by a law which is reasonable.

"The Bombay High Court has relied on the CAB vs MIB case to say that freedom of speech and expression can be curtailed in the larger public interest. That is the main substantive point which has to be settled by the Supreme Court. The 2007 judgement of Justice Vikramajit Sen had said that the broadcasters don't have freedom of speech and expression under Article 19(1)(a). So the Delhi HC had denied 19(1)(a) while Bombay HC has granted that freedom but has taken that away by saying that reasonable restriction can be imposed in the larger public interest," said a lawyer involved in the matter on condition of anonymity.

He further stated that if the Supreme Court approves this finding then it would have far-reaching consequences not just for broadcasters but for anything that is electronically disseminated over the airwaves. "The logic is that because broadcasters use airwaves which is a public property therefore in larger public interest reasonable restrictions can be imposed. In its jurisprudence, the Supreme Court has held that freedom of speech and expression is a higher right than all other fundamental rights, and it cannot be restricted in the public interest."

To bring home the point, the lawyer gave an example of news. He said that if the news is circulated through a newspaper then that cannot be curtailed but if the same news is transmitted through a news channel then it can be curtailed. "So pricing and bundling restrictions are a way in which TRAI is controlling the speech," he noted.

He also said that 19(1)(a) can't be curtailed in public interest. It can only be curtailed in one of those eight specific grounds mentioned in Article 19(2) which is sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, and defamation or incitement to an offence.

Another lawyer involved in the matter concurred that the primary concern of the broadcasters is the misinterpretation of the contours of the right to freedom of speech and expression. "The crux of the order is that public interest is an additional condition to reasonable restriction in addition to the eight conditions that have been set out in Article 19(2). The court has included one more condition to justify TRAI's actions," he stated.

The IBF, he said, has a very strong case on the issue of freedom of speech and expression. "So the Bombay HC has said that the TRAI can, in public interest, demand that MRP should be brought down to Rs 12 from Rs 19, and bouquets should not be offered. So that is the biggest issue because if that is allowed then where do you stop. Today, it has been brought down to Rs 12 in public interest tomorrow it will be brought down to Rs 5."

The lawyer also noted that the twin conditions were not put in the consultation paper in the manner in which they were put in the tariff order. The consultation process requires a specific disclosure in a transparent manner. "Bombay HC has blindly relied on TRAI's explanatory memorandum. They have asked broadcasters why Rs 12 is unreasonable which is not fair since this is something which the TRAI should answer. We were arguing that Rs 19 should be allowed to continue since it has been fixed after a long period of time after having a proper consultation with even the Supreme court upholding the cap."

According to a TV broadcasting executive, the price of TV subscription will increase because the main aim of the TRAI is to push à la carte offerings. "Broadcasters will keep the prices of popular channels at Rs 12 to include it in the bouquet. There will be a price hike as happened in 2019 because of TRAI’s push on making à la carte channels available rather than bouquets which makes the channels affordable. As happened earlier, both broadcasters and TRAI will be blamed for the price hike, whereas the hike happens at the DPO level."

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e4m-Samsung Ads CTV roundtable to be held in Gurugram today

At the exclusive roundtable, experts will share insights on the theme ‘How to Leverage the Power of Screen’

By e4m Staff | Sep 27, 2023 7:52 AM   |   2 min read

samsung

The exchange4media Group is excited to host the exclusive e4m-Samsung Ads CTV Roundtable in Gurugram today, September 27. In today's competitive marketplace, it is important for advertisers and marketers to understand how to maximize TV budgets and prepare for a larger addressable CTV universe. Marketers now have to consider how incremental reach can help capture viewers across OTT and CTV campaigns and level up their game to stand out from the rest.

At the roundtable, industry heads, digital marketing experts and top leaders from the advertising and marketing world will come together to share insights on the theme ‘How to Leverage the Power of Screen’. The experts will explore the evolving TV landscape, discuss the rise of ad-supported services, and explore how brands are leaning into the power of the screen to create deeper engagement with audiences.

The seasoned professionals will discuss the challenges that agencies and media owners are facing in their business, industry, and market at large. The roundtable will also include discussions on several key topics like what advertisers and marketers expect from CTV in the coming years, how to leverage the power of the screen to curate and tailor their strategies to resonate with the changing trends, measuring business impact in CTV, the challenges in investing more in CTV and more.

Our speakers include Anupam Tripathi, Media Head, Lenskart; Anusha Srinivasan, Digital Media Activations Manager, Reckitt Health, Reckitt India; Archana Aggarwal, VP – Media, Airtel; Bhawna Sikka, Category Head; Oral Health Care, Haleon; Kunal Dhrangadharia, Global Brand Lead, Royal Enfield; Monika Mishra, Director – Marketing, Mobikwik; Sahil Rawal, Vice President - Brand Product Platforms Marketing, Max Life Insurance; Samir Sethi, VP and Head of Brand Marketing, Policybazaar.com; Siya Wadhawan, Senior Brand Manager, boAt Lifestyle and Syed Sibtain Imam, Media Head, Honasa Consumer Ltd (Mamaearth). The discussion will be moderated by Prabhvir Sahmey, Senior Director, Samsung Ads while Abbhishek Chadha, Executive Vice President, North & East, Interactive Avenues will be the co-moderator.

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NDTV gets permission from MIB to launch 3 HD channels

The three high definition channels that received the nod are NDTV 24x7 HD, NDTV India HD and NDTV Profit HD

By e4m Staff | Sep 27, 2023 7:40 AM   |   1 min read

ndtv

New Delhi Television Ltd. (NDTV) has been granted permission from the Ministry of Information and Broadcasting to launch three high-definition (HD) channels.

According to the company's disclosure under Regulation 30 of the SEBI (Listing Obligations and Disclosure Requirements) Regulations, 2015, it said, "This is to inform you that in reference to the application filed by the Company before the Ministry of Information & Broadcasting (MIB), the Company has received a letter dated September 25, 2023 from MIB conveying its intention to grant permission to the Company to uplink and downlink three (3) news and current affairs channels in High Definition namely ‘NDTV 24x7 HD’, ‘NDTV India HD’ and ‘NDTV Profit HD.'

NDTV added that it will inform the stock exchanges of the launch of the said HD channels.

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ICC World Cup 2023: Disney Star onboards IndusInd & Emirates as sponsors on TV

According to sources, around 50-60 advertisers have signed up for the upcoming cricket tournament on TV

By Sonam Saini | Sep 26, 2023 1:22 PM   |   1 min read

Star

Disney Star, the official broadcaster of ICC Cricket World Cup for both TV and digital, has bagged two more sponsorships from IndusInd and Emirates for television.

Highly placed sources have confirmed the news to e4m. According to the sources, over 50 advertisers have signed up for the upcoming marquee tournament and the broadcaster is still in talks with other advertisers.

PhonePe, Mahindra Auto, Coke, MasterCard and Hindustan Unilever are the other big brands that have come on board as sponsors for the tournament.

As earlier reported by exchange4media, the broadcaster is seeking Rs 118-120 crore for co-presenting sponsorships and Rs 80-90 crore for the associate sponsorship. For co-presenting opportunities on Disney+ Hotstar, the broadcaster has set a price tag of Rs 150 crore. Brands eager to get high visibility as "Powered by" sponsors will need to invest Rs 75 crore, while those opting for associate sponsorship will have to allocate Rs 40 crore.

The ICC Men’s Cricket World Cup kicks off on October 5 with a repeat of the 2019 final as England faces New Zealand in Ahmedabad. Across 10 world-class venues, 48 matches will be played in 46 days culminating in the Men’s Cricket World Cup Final on November 19.

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Zee Media to re-register for BARC data

In September 2022, the news broadcaster pulled out of the TV audience measurement system, citing landing page issues

By e4m Staff | Sep 26, 2023 8:39 AM   |   1 min read

Zee

News broadcaster Zee Media Corporation Limited (ZMCL) has decided to register back for BARC data, starting in the week of October 12, according to sources. 

Emphasizing the significance of this collaboration, Abhay Ojha, CEO of Zee Media Corporation Limited, said, "We, at ZMCL, have always valued the integrity and transparency of data. Our decision to rejoin forces with BARC reflects our firm belief in BARC's commitment towards robust data mechanisms and our anticipation of a productive partnership ahead. We remain committed to delivering trustworthy news and content to our viewers and advertisers."

e4m has reached out for an official confirmation but BARC CEO Nakul Chopra wasn’t available to comment on the development at the time of filing this story.

Earlier in September 2022, the news broadcaster pulled out of the TV audience measurement system, citing the landing page issue as a reason for taking such a drastic step.

ZMCL had then said that it had been consistently requesting BARC India to take corrective measures with regard to the landing page issue. The news broadcaster had said that the landing page data should not be included in the final viewership and the duration for counting viewership be increased to 2 minutes.  

ZMCL was the second TV news network after NDTV to pull out channels from BARC.

The media company owns and operates 14 TV news channels apart from 5 digital channels and 17 digital brands.

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Star Plus onboards 14 advertisers for Star Parivaar Awards 2023

Brands such as Dabur, ITC, Emami, Apple, Amazon, Berger Paints and Xiaomi have aligned themselves with the upcoming event

By e4m Staff | Sep 25, 2023 5:12 PM   |   1 min read

star plus

Star Parivaar Awards 2023 has onboarded advertisers like Dabur, ITC, Emami, Apple, Amazon, Berger Paints and Xiaomi.

The awards have attracted 14 advertisers spanning a wide array of categories, including FMCG, Banking, E-commerce, Technology, Mobile Handsets, Insurance, Paints, and Pharma.

“This presents an unparalleled opportunity for brands to connect with their target audience on linear TV and beyond. The event offers a diverse range of in-content integration opportunities, emphasizing its massive associative value," said an industry observer.

The award show is set to be telecast on 1st October, starting 7 PM, on Star Plus and Disney+ Hotstar.

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MIB makes registration mandatory for MSOs to provide own programming service

Applicants have been advised to refer to guidelines issued by MIB on November 30, 2022

By e4m Staff | Sep 25, 2023 2:53 PM   |   1 min read

MIB
The Ministry of Information & Broadcasting has made it mandatory for Multi-System Operators (MSO), who intend to provide their own programming service, either directly to their own subscribers or through one or more Local Cable Operators, to take registration of platform services.

Applicants have been advised to refer to guidelines for platform services offered by Multi System Operators issued by MIB on November 30, 2022. They are required to apply for registration of their PS channel(s)

Following documents are required to be uploaded at the time of submission of online application:

a. Certificate of Channel Carrying Capacity (Statewise) (Sell'-Certification).
b. Details of PS Channels operated at State Level
c. Details of PS Channels operated at District Level.
d. Filled in MHA Security Clearance Pro-forma.
e. Challan copy of payment made on Bharat Kosh Portal for registration of PS Channels.

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BCCI media rights: Viacom18 gets dynamic injunction from Delhi HC

Viacom18 Media had approached the court seeking ad-interim dynamic injunction to protect its media rights against rogue and pirate websites as well as John Does

By e4m Staff | Sep 23, 2023 4:50 PM   |   2 min read

Viacom18

Viacom18 has secured a broad dynamic injunction from the Delhi High Court for the Indian cricket team’s bilateral matches.

Recently, Viacom18 bagged the BCCI linear and digital rights. As a result, for the next five years i.e., from September 2023 till March 2028, all bilateral games involving the Indian cricket team that will be played in India along with domestic cricket, shall now be broadcasted/streamed by Viacom18 on its television and OTT properties.

Viacom18 Media Private Limited had approached the Delhi High Court seeking an ad-interim dynamic injunction to protect its Media Rights in relation to the BCCI Events against various rogue and pirate websites as well as John Does/Ashok Kumars/Unknown Defendants.

The court while expressing its concerns regarding the unending menace of piracy noted that the courts have become inundated with suits pertaining to such issues and suggested the importance of a robust anti-piracy policy to curb the issues. The court observed that a prima facie case for interim injunction was made out and further held that the grant of an injunction would be necessary to avoid irreparable loss/injury from being caused to Viacom18.

The court further ordered that Viacom18 shall not be bound to initiate any fresh proceedings in relation to any new alphanumeric/redirect/mirror websites that are expected to mushroom during the course of the BCCI events. Access to such websites shall be blocked by the Internet Service Providers (IPSs) upon being informed about the same by Viacom18 on an affidavit. This, dynamic injunction provides Viacom18 to swiftly act against pirates and rogue websites infringing and making available the BCCI matches without due permissions.

Anil Lale (General Counsel, Viacom18 Media Pvt. Ltd.) said: “We at Viacom18 are proud to be the exclusive digital and television broadcaster for Indian cricket. Viacom18 has always been at the forefront in the fight against piracy. I am sure this is a welcome step for all the cricket fans as also for bona fide broadcasters like us who spend huge sums to get these rights. While we are proud to say that we have won several battles against these pirate websites, we understand that the war against piracy is a continuing one and we are committed towards winning it.”

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