10+2 Ad-Cap case adjourned till 15th July 2014!

In another bumper on the progress of the 10+2 ad-cap implementations, the Delhi High Court has announced the adjournment of the ad cap case, fixing 15th July 2014 as the final date of hearing. The interim order prevents the Telecom Regulatory Authority of India (TRAI) from taking coercive action against petitioners remains in effect.

The date, as sources inform, is fixed considering the more time requested by the News Broadcasters Association (NBA). Sources close to the development also inform that the counsels for the NBA presented that the recording CD provided by the regulator has disorganized data and hence they need more time. The TRAI counsel raised objection to this saying that the channels are in gross violation of the 12-minute ad cap by airing ads for over 25 minutes.

As is known, parties associated with the case include NBA, B4U, 9X Media, TV Vision, Sun TV Network, E24, and Kalaignar TV against the Telecom Regulatory Authority of India (TRAI). Nish Bhambani, Nidhi Jain, Ankur Sood, GS Mani, and Abhishek Malhotra represented the petitioners’ side, while Saket Singh represented the respondent’s side.

Despite the interim relief in place, the petitioners have to submit a weekly report on the consumption of commercial airtime in a clock hour. While the HC had earlier granted interim relief, it had also observed that the cap on advertisements is a ‘reasonable exercise’.

It may be recollected that the broadcasters had challenged the ad cap diktat in the Delhi High Court on 17th December 2013 after the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had dismissed their appeal in the wake of the Supreme Court judgment that the tribunal does not have jurisdiction over TRAI regulations. It must be noted that four major broadcast networks—Star India, Zee Entertainment Enterprises Ltd, Multi Screen Media and TV18 Group—are complying with the regulation.

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