I&B Ministry
Ad cap violation by 141 TV channels even as case to come up in September
NEW DELHI: Even as the advertising cap case is to come up for further hearing before the Delhi High Court on 8 September, a study shows that a total of 141 television channels comprising 36 news and current affairs channels and 105 non-news channels, continue to telecast more than 12 minutes of advertising and commercials per hour in violation of the set rules.
The study shows that while the highest of these is 22.66 minutes by India TV and the lowest is 12.04 minutes, there are at least 17 news and 19 non-news channels clocking more than 15 minutes per hour.
While asking the Telecom Regulatory Authority of India (TRAI) not to take any coercive action against any channel pending hearing of the case, the Court had asked all channels and TRAI to keep a record of the advertising time consumed including commercials.
The petition had been filed by the News Broadcasters Association (NBA) and some channels challenging the TRAI decision to implement the directive of 12 minutes contained in the Cable Television Networks (Regulation) Act 1995. The Information and Broadcasting Ministry and TRAI are the respondents in the petition.
Interestingly, I&B Minister Arun Jaitley had in January this year said that he was not in favour of any ad cap in the print or electronic media.
In the petition, the news channels have taken the plea that they are free to air and therefore do not get any subscription fee from the viewers as the GEC channels do.
TRAI says that the information is based on the data submitted by the broadcasters and TRAI bears no responsibility for the figures given.
According to information available to TRAI, the rest of the news channels are carrying less than 12 minutes of average duration per hour of advertisements (Commercial & Self promotional) during peak hours (7 – 10 PM) from 30 March to 29 June.
Among the news channels, the lowest is Mathrubhumi News with 12.42 minutes and among the GEC channels, the highest is 18.69 by B4U Movies and the lowest is 12.04 by Jaya Max.
I&B Ministry
AIDCF moves TDSAT over Waves plan to stream linear TV channels
Industry body flags regulatory gap as OTT push sparks broadcast turf war
NEW DELHI: The battle between traditional television distributors and digital platforms has found its way to the courts, with the All India Digital Cable Federation (AIDCF) moving the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against Prasar Bharati’s latest OTT play.
At the heart of the dispute is Waves, Prasar Bharati’s OTT platform, which has invited applications to onboard linear satellite TV channels. Aidcf, which represents multi-system operators (msos), argues that this move sidesteps existing broadcasting rules and risks tilting the playing field in favour of digital platforms.
The federation’s petition hinges on a key provision in the Uplinking and Downlinking Guidelines, 2022. Clause 11(3)(f) allows broadcasters to downlink channels only if they provide signal decoders to recognised distribution platforms such as MSOS, DTH operators, hits operators and iptv platforms. OTT platforms, aidcf points out, do not feature on that list.
In simple terms, AIDCF’s argument is this: if OTT platforms are not officially recognised distributors, they should not be receiving broadcast signals in the first place. By inviting channels onto Waves, the federation claims, Prasar Bharati is opening a backdoor that lets broadcasters bypass long-standing rules.
The concern goes beyond legal interpretation. Aidcf says OTT platforms currently operate without a clear regulatory framework, allowing them to expand into traditional broadcasting territory without the compliance burden that cable and satellite operators must carry. That, it argues, creates an uneven contest.
There is also a warning for broadcasters. If they provide signal decoders to an OTT platform like Waves, they could risk breaching the very conditions under which their downlinking permissions were granted.
For its part, Prasar Bharati’s Waves initiative is positioned as a step towards wider access and digital reach, bringing linear television into the streaming era. But critics say the move blurs the line between regulated broadcasting and largely unregulated streaming.
The matter is expected to come up before tdsat next week. The outcome could do more than settle a single dispute. It may help define how India regulates the fast-merging worlds of television and OTT, where the lines are getting fuzzier by the day and the stakes, sharper than ever.
