Ad cap case: NBA completes its argument, 9X Media to start on Monday

The News Broadcasters Association (NBA) today completed its argument in the ad regulation case before the Telecom Disputes Redressal and Appellate Tribunal (TDSAT). 

The matter will now be heard by the TDSAT on Monday, the 18th Novemeber. The next in line to present its argument is 9X Media represented by Kunal Tandon. 

Arguing on behalf of NBA, Dr Abhishek Manu Singhvi challenged the constitional validity of the ad cap regulation under Article 19(1)(a) and Article 19(1)(g) of the constitution. 

The senior counsel argued that the TRAI’s ad regulation was violative of the news channels’ freedom of speech and expression and freedom of trade and commerce. 

Drawing a parallel with the newspapers, Dr Singhvi stated that the news channels are similar if not the same as the newspapers. He also pointed out that the Supreme Court in the past has struck down government orders that restricted a newspaper’s freedom to sell advertising space. 

He also stressed that news channels are under financial stress due to over dependence on ad revenue for their sustenance. Subscription revenue is negligible due to gross under-decalaration by the cable operators. 

The ad regulation, he contended, will hit at the very heart of the business model of the news channels. 

He also argued that TRAI has to get Parliamentary approval before notifying any new regulation under the TRAI ACT 1997. Countering Singhvi’s argument, TRAI counsel stated that it was not mandatory for the authority to take Parliament’s permission before coming out with the new regulation. 

He stated that the condition can be cured by taking Parliament’s approval after the notification of the regulation. 

Singhvi also told the tribunal that the NBA will file an affidavit on Monday revealing the financial impact of the ad regulation. To this, the TDSAT stated that the NBA is free to file an affidavit. The tribunal, however, will take a decision later on whether or not to take that into account.

Source: http://cablequest.org/news/national-news/item/3569-ad-cap-case-nba-completes-its-argument,-9x-media-to-start-on-monday.htmlSource: http://cablequest.org/news/national-news/item/3569-ad-cap-case-nba-completes-its-argument,-9x-media-to-start-on-monday.html