Ad cap case: Delhi High Court lists final hearing for September 28

TRAI’s request with the Delhi High Court for an early hearing on ad cape case has not been accepted. The court has listed the matter for final hearing on September 28 2020.
On August 14, the regulatory body moved an interim application asking the Delhi High Court for an early hearing on 10+2 ad cap case.
Some of the parties associated with the case include the News Broadcasters Association (NBA), B4U, 9X Media, TV Vision, Sun TV Network, E24, and Kalaignar TV against the Telecom Regulatory Authority of India.
The case has been pending for seven years now and goes back to March 2013, when TRAI reinstated the Quality of Service norms (QoS) as per the CTNR (Cable Television Network Regulation) laws, 1995 for the broadcasters. As per the norm which was initially published as consultation paper in August 2012, every broadcaster can run only 12 minutes of advertisements in an hour. This may include 10 minutes of commercial advertising and 2 minutes of self promotion. The move was vehemently opposed by a section of the community. The News Broadcasters Association (NBA) filed a petition against TRAI in the TDSAT. Some broadcasters also individually opposed the move. TRAI had even initiated criminal proceedings against CEOs of channels who did not follow the mandated ad cap. TDSAT meanwhile had stayed the ad cap and had agreed to hear the case in November.
TDSAT had dismissed the 10+2 ad cap case filed by NBA and other broadcasters after the Supreme Court judgment declared TDSAT to have no power to interfere in TRAI’s recommendations.
This is when the petitioners directly moved high court against TRAI’s 10+2 ad cap restriction.
Broadcasters are already in distress from the pandemic infused slowdown and confusion around implantation of NTO 2.0. The fraternity is not ready for another blow from TRAI that would hit the existing dwindling ad revenue opportunities.