The Delhi High Court on Wednesday suspended an order by the Telecommunications Dispute Settlement and Appeals Tribunal (TDSAT) ordering broadcasters Star India, Sony and Sun TV to submit information relating to the content of their over-the-air platforms. -top (OTT) to the Telecom Regulatory Authority of India (TRAI).
Judge Yashwant Varma, hearing motions in which broadcasters challenged a Sept. 20 TDSAT order that upheld TRAI’s management asking them to provide a “detailed architecture” indicating which medium (satellite, fiber or any other medium) is used to stream content from linear channels to broadcasters’ OTT platforms or third-party OTT platforms, the filing listed on March 3, 2023.
The court considered the assertions made by TRAI in its affidavit filed with the TDSAT and further noted that the applicability of the Information Technology Rules 2021 (Guidelines for Intermediaries and Code of Ethics for Digital Media ) to OTT platforms and their regulation is a matter that is currently pending before the Supreme Court.
“In light of the foregoing and until the next filing date, there will be a stay of the order of September 20, 2022 adopted by the Telecommunications Dispute Resolution and Appeals Tribunal…”, a said the court. The court also suspended proceedings before the TDSAT where broadcasters challenged TRAI’s instructions. Observing that the case required review, the High Court issued an opinion ordering the respondents to file their counter affidavits.
The court felt that it was unable to “uphold the prima facie order of TDSAT”, bearing in mind that this would then result in the cases before the court being virtually decided “once the applicants who were the appellants before the TDSAT would have been ordered to comply with the impugned instructions of November 25, 2021 while the appeals were kept pending”.
TRAI had argued before TDSAT that the information was sought in accordance with the central government’s “Policy Guidelines for Downlinking Television Channels”. In a previous hearing in December, the TDSAT granted broadcasters protection from enforcement action. The broadcasters had challenged TRAI’s jurisdiction by asking them for this information.
At the interim measures stage, the TDSAT in its September 20 order had clarified that “the fact-gathering process or the data-gathering process, which was initiated by the respondent which is a statutory body of broadcasters as this appellant, prima facie does not require any interference” and had ordered the broadcasters to provide the information to the TRAI within one week of its order. The court had ruled that the broadcasters’ submission of details “will be without prejudice to their rights and claims”.