High Court
TRAI jurisdiction: Madras HC yes to MSOs as interveners, no as impleaders
NEW DELHI/MUMBAI: The Madras High Court yesterday gave concession to the MSOs allowing them to intervene on matters of law under consideration. But, the court refused to let them implead, via AIDCF, in a case filed by broadcasters (content generators) challenging whether regulator TRAI can have jurisdiction over commercial issues relating to copyright of content.
Both sides — petitioners Star TV and Vijay TV and All India Digital Cable Federation (AIDCF) — viewed the court stand as a moral victory.
Star TV and Vijay TV had moved the Madras High Court pleading that Telecom Regulatory Authority of India (TRAI), India’s broadcast carriage and telecoms regulator, didn’t have jurisdiction to issue guidelines that had a bearing on tariff of content, both TV and film, especially if such issues were also governed under the copyright law.
In an official statement, AIDCF said the court was “pleased to permit AIDCF to participate in the proceedings as (an) intervener” allowing it to “file all relevant material, make oral submissions and file written submissions in the main writ petition.”
The AIDCF statement, quoting organisation president and Hathway video division CEO TS Panesar, said, “We are delighted to note the decision of the Madras High Court in recognising us as an important stakeholder in this matter.”
A source close to the petitioners, however, described the court’s decision as “disallowing” MSOs to directly implead in the main writ petition, the same way as it had not allowed Indian Broadcasting Foundation (IBF) to implead itself in the case. “AIDCF can only intervene on the main matters of law under consideration, which is whether TRAI has jurisdiction over copyright issues relating to content,” the source opined.
TRAI, which has been trying to bring about semblance of order in the broadcast and cable sector in India via various guidelines, could not be reached for comments by indiantelevision.com till the time of writing this report. However, TRAI chairman RS Sharma had told indiantelevision.com in an year-end interview in December 2016 that the regulator’s main aim behind issuing draft guidelines relating to broadcast and cable tariff, quality of service and interconnection was to reduce litigation amongst stakeholders and create a broad playing arena for all players, including the consumers.
Industry sources had indicated that the MSOs had moved the court as they apprehended viewpoints of distribution platforms of TV services in India, notably the MSOs, may not be heard; especially when they have views that don’t converge with those of the petitioners on all aspects of the petition.
However, there is lack of clarity on the status of the petition filed by Videocon D2H, a distribution platform, to get impleaded in the aforementioned case being heard by Madras HC. The matter is listed for another round of hearing 7 March, 2017.
Incidentally, the Supreme Court, petitioned by TRAI, had refused to intervene in the case being heard by Madras HC and had stated in its last hearing few days back that it would wait for the outcome at the high court, listing TRAI appeal for a March-end hearing.
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High Court
Delhi HC blocks illegal IPL 2026 streams, backs JioStar rights
Court orders swift takedowns, expands crackdown on piracy apps
NEW DELHI: In a timely move ahead of the cricketing season, the Delhi High Court has granted interim relief to JioStar India Private Limited, clamping down on illegal streaming of the TATA Indian Premier League 2026.
The court passed ex parte ad interim injunctions in two separate suits, restraining rogue websites and mobile applications from broadcasting IPL matches without authorisation. The tournament is set to begin on 28 March, making the timing of the order particularly significant.
Recognising JioStar’s exclusive digital and broadcast rights for the IPL cycle from 2023 to 2027, the court observed that unauthorised streaming would infringe its statutory and proprietary rights, potentially causing irreparable losses.
In one case, the court directed several identified websites to immediately stop hosting or streaming IPL content. It also issued a dynamic injunction, allowing JioStar to flag new infringing platforms in real time, which must then be blocked swiftly by domain registrars and internet service providers.
In a parallel order, the court turned its attention to piracy through mobile apps, particularly Android-based platforms distributing content via APK files. A broader dynamic+ injunction was granted, extending to future variants, mirror links and related interfaces, signalling a tougher stance on evolving piracy tactics.
The court also directed domain name registrars to suspend offending domains and share registrant details, including KYC and payment information. Internet service providers and telecom operators have been instructed to block access within strict timelines, in some instances within 36 hours. Both the Department of Telecommunications and the Ministry of Electronics and Information Technology have been asked to facilitate enforcement through necessary notifications.
Noting the fast-changing nature of digital piracy, the court emphasised the need for real-time enforcement tools to keep pace with anonymous and constantly shifting networks. It also underlined the commercial impact of piracy on legitimate rights holders.
The ruling reinforces the judiciary’s firm stance on protecting intellectual property in the digital age. For viewers, it is a reminder to stick to official platforms as the IPL season kicks off under tighter watch.
