10+2 ad cap: With TDSAT's verdict, TRAI may take action against erring b'casters
The matter is now no longer sub judice, and since there has been no interim order nor has any challenge petition been filed against the regulation, confusion prevails in the broadcast industry
With the Supreme Court ruling on December 6, 2013 that the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) has no jurisdiction over the Telecom Regulatory Authority of India’s (TRAI) regulations broadcasters’ plea in the 10+2 ad cap case now hangs in balance. The Apex Court had said that if parties did not agree with any of the regulations formed by TRAI, they should move a High Court.
In light of this ruling, on December 11, 2013, TDSAT dismissed the ad cap case filed by the News Broadcasters Association (NBA) and other broadcasters, including B4U, 9X Media and E24. Now all the petitioners need to directly go to the High Court for hearing against TRAI.
This verdict can play as spoilsport for broadcasters as it gives the opportunity to TRAI and the Government to take action against them for violating the ad cap rule.
The matter is now no longer sub judice and since there has been no interim order nor has any challenge petition been filed against the regulation, confusion prevails in the broadcast industry.
Some senior advocates that exchange4media spoke to in this matter said, “As of today, there is no challenge to the regulation, no regulation has been enforced and there is no interim order. So depending on the situation, TRAI can take any action.”
Meanwhile, the Ministry of Information and Broadcasting can now cancel the licence of the broadcasters violating the ad cap diktat, which though rare, is a distinct possibility.
