Delhi HC stays TDSAT order directing Star India, Sony and Sun TV to submit information on their OTT content to TRAI

Justice Yashwant Varma, who was hearing the petitions wherein the broadcasters had challenged a September 20 TDSAT order that upheld TRAI’s direction asking them to furnish a “detailed architecture” indicating which media (satellite, fibre or any further media) is being used to deliver content of linear channels to the broadcasters’ OTT platforms or third-party OTT platforms, listed the matter on March 3, 2023.

The court considered the assertions made by TRAI in its affidavit filed before the TDSAT and further noted that the applicability of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to OTT platforms and their regulation is a matter which is presently pending before the Supreme Court.

“In view of the aforesaid and till the next date of listing, there shall be stay of the order dated 20 September 2022 passed by the Telecom Disputes Settlement and Appellate Tribunal…,” the court said. The court also stayed proceedings before the TDSAT where the broadcasters challenged the TRAI directions. Observing that the matter required consideration, the high court issued notice, directing the respondents to file their counter-affidavits.

The court held that it is not able to “prima facie sustain the order of TDSAT”, bearing in mind that the same would then result in the matters before the tribunal being virtually disposed of “once the petitioners who were the appellants before the TDSAT were called upon to comply with the impugned directions of 25 November 2021 while the appeals were kept pending”.

The TRAI had submitted before the TDSAT that the information was being sought in line with the central government’s ‘Policy Guidelines for Downlinking of Television Channels’. At a previous hearing in December, the TDSAT had granted the broadcasters protection from any coercive action. The broadcasters had challenged the jurisdiction of TRAI in seeking this information from them.

At the stage of interim relief, the TDSAT in its September 20 order had clarified that the “fact gathering process or data gathering process, which has been initiated by the respondent which is a statutory body from the broadcasters like this appellant, prima facie requires no interference” and had directed the broadcasters to supply the information to TRAI within a week from its order. The tribunal had held that the submission of the details by the broadcasters “shall be without prejudice to their rights and contentions”.