10+2 TDSAT hearing: "Quality of b'casting has nothing to do with content of b'casting"

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) yesterday heard the petition filled by News Broadcasters Association (NBA), and few music and regional broadcasters against Telecom Regulatory Authority of India’s (TRAI) 10+2 mandate.

Abhishek Manu Singhvi, representing News Broadcasters Association, highlighted important factors in front of TDSAT Chairperson Aftab Alam and Member Kuldeep Singh.

Singhvi highlighted the limitations of TRAI in order to curb broadcasters. He said that TRAI’s powers are restricted only to licensing and not regulating content. Chairperson Alam responded saying, “The license for broadcasting itself states that you will abide by the rules of the license, which includes adherence to the programming and advertising codes.”

Citing Cable TV Act, 1995, Singhvi said that advertisements are content and TRAI cannot regulate it.

“The central government only gave authority to TRAI for recommendations in the broadcasting area. What it is currently trying to do is wrong,” he further said.

The big question that then arises is…who will regulate content?

How can a broadcaster come under the cable act?, questioned Alam. Since TRAI is ruled by The Indian Telegraph Act, 1885, they should also adhere by the Indian Telegraph Act and the TRAI Act, he added.

Singhvi shared that the broadcasting industry was handed over to TRAI from the central government without any amendments in TRAI Act or Telegraph Act; the only change came in 2004 in respect to standards of quality and broadcast.

Singhvi insisted the standard of quality represent the hardware part, blackouts, quality of sounds, and not advertisements. He said advertisements showcase our creativity and it shouldn’t be banned, and the only solution to this problem is the ‘remote’ way. If people are not satisfied, they can switch channels.

“Quality of broadcasting has nothing to do with content of broadcasting. It is also mentioned in the Cable Act that advertisements are part of content,” he concluded.

The hearing will continue today at 1PM.