Ad cap case: Sun TV counsel questions TRAI’s change of stance

On the seventh day of the on-going ad cap regulation case between the broadcasters and the Telecom Regulatory Authority of India (TRAI), the counsels for some free-to-air channels and Sun TV Network argued in the Telecom Disputes Redressal and Appellate Tribunal (TDSAT) today. 

The FTA channels’ lawyers argued that as they do not get any subscription revenue, the only source of income is advertising. Their business model will, thus, be crippled if the 12-minute per clock hour ad cap is imposed on them. 

Later, Sun TV Network counsel TMT Law Practice partner Abhishek Malhotra began his arguments. In addition to the submissions of other counsels on the jurisdiction of TRAI and the freedom of expression, Malhotra asked how the sector regulator has changed its stance in a year’s time. He cited the example of the submission by TRAI in petition No. 34(c) of 2010 titled Utsarg vs. Union of India, filed by the NGO Utsarg in TDSAT. 

In its petition, Utsarg had alleged that all leading broadcasters are violating the ad regulation by exceeding the permissible limit of commercial time in their TV programmes. However, in its affidavit, TRAI had submitted on 22 February 2011 that it has no role to play in relation to the Cable Television Networks (Regulation) Act, 1995. 

If TRAI had then maintained that the regulation is not under its domain, what has changed within a year, questioned Malhotra. 

To this, the TRAI counsel Rakesh argued that the authority cannot be bound by the statement it made in that case. 

Dwivedi also said that contrary to arguments put forward earlier by the counsels of News Broadcasters Association (NBA), its members are very much licensees. The NBA, thus, falls under the purview of TRAI. 

The case is being heard by the TDSAT bench comprising its chairman Justice Aftab Ahmed and member Kuldip Singh. The NBA and music broadcasters have already completed their arguments.

TRAI will continue its arguments tomorrow.

Source: http://cablequest.org/news/national-news/item/3639-ad-cap-case-sun-tv-counsel-questions-trai%E2%80%99s-change-of-stance.htmlSource: http://cablequest.org/news/national-news/item/3639-ad-cap-case-sun-tv-counsel-questions-trai%E2%80%99s-change-of-stance.html