Delhi HC pushes hearing in ad cap matter to 25th May, 2022
In its plea, the TRAI contended that it has received several letters from consumers complaining about their viewing experience because of excessive ads on various television channels
In October, the TRAI had filed an impleadment application in the Delhi High Court to become a party to the matter between NBDA and UOI. The Delhi HC had sought responses from NBDA and the Central government on TRAI's plea.
In its plea, the TRAI contended that it has received several letters from consumers complaining about their viewing experience because of the excessive advertisement on various television channels. TRAI has filed an intervention application in a petition filed by NBA challenging rule 7(11) of Cable Television Network Rules, 1994 (CTN/Cable TV Rules). The NBA has argued that the rule is ultra vires to the freedom of speech and expression guaranteed by the constitution.
The rule 7(11) mandates that no TV channel can air more than 12 minutes of ads in a clock hour. “No programme shall carry advertisements exceeding twelve minutes per hour, which may include up to ten minutes per hour of commercial advertisements and up to two minutes per hour of a channel’s self-promotional programmes,” the said rule reads.
There are two separate writ petitions against the 12-minute ad cap before the Delhi High Court. One petition was filed in 2013 by news, regional and music broadcasters against the implementation of 12-minute ad cap regulation by the TRAI. The Delhi HC has granted interim relief to petitioner broadcasters in that matter.
In April this year, the NBDA challenged the Rule 7(11) of the Cable Television Networks Rules 1994 which attempts to regulate the duration of advertisements. The NBDA has argued that regulating advertisement is nothing but regulating free commercial speech guaranteed under Article 19(1)(a) of the Constitution”.
The Delhi HC has clubbed both the petitions.
