TDSAT refuses to restrain Star India from streaming cricket matches for free on Hotstar

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has refused to restrain Star India Pvt Ltd from streaming cricket matches, including the ICC Men’s Cricket World Cup, that commenced on Thursday, on its OTT platform Disney+ Hotstar.

The tribunal’s order came on the petition filed by All India Digital Cable Federation (AIDCF) challenging the free streaming of matches and seeking that Star be restrained from permitting their viewers to have Star Sports on their mobiles free of charge or they should also provide free of charge Star Sports to the cable operators also.

“Prima facie, OTT platform is not a TV channel, nor the respondent is requiring any permission or a licence from the Central Government. Moreover, looking at the provisions of the Information Technology Act, 2000 and the rules framed thereunder of the year 2021 and looking at the provisions of TRAI Act, 1997, there is no prima facie case with this petitioner,” TDSAT said.

The bench headed by Justice D N Patel said that no irreparable loss will be caused to AIDCF if the stay is not granted.

“Balance of convenience is also not in favour of this petitioner and no irreparable loss will be caused to the petitioner if the stay, as prayed for, is not granted,” the tribunal said.

The tribunal, however, said that it is always open for the petitioner (AIDCF) to separately maintain a list of consumers who have subscribed to the Star Sports channel on the petitioner’s platform as the same contents are being made available through video streaming on the said OTT platform.

“These details which the petitioner is maintaining can always be presented before this Tribunal by the way of an affidavit, before the final hearing of this Broadcasting Petition, which will be replied by the respondent. Hence, the interim relief, as prayed for, by this petitioner is hereby rejected,” it said.

The petition alleged that the practice of free streaming of matches is unfair to the cable industry, which has paid the broadcaster for distributing and transmitting signals.

The counsel for AIDCF had also argued in the tribunal that though OTT platform is not mentioned in the definition given in Regulation 2 (r) of “distribution platform” under the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulation 2017.

It also said that OTT platforms are using internet and therefore, this tribunal has all the powers, jurisdiction and authority to hear this matter and decide the same because the respondents are using Broadband Internet and therefore, they are falling within the definition of Telegraph as defined in the Indian Telegraph Act 1885, and hence this Tribunal has got jurisdiction.

During the arguments, Star India had submitted that in Regulation 2 (r) that OTT platform is not covered by the definition of distribution platform because the definition is exhaustive and nothing can be added in the definition by this tribunal.

The counsel for Star India also pointed out several peculiarities of OTT platform including not having a licence from the central government and it is not a tv channel.