GUEST COLUMN | India’s 12-minute TV ad cap is gone, but the regulatory debate isn’t

MUMBAI: Television advertising in India is entering a new regulatory phase as the long-standing 12-minute advertising cap has been withdrawn following years of regulatory scrutiny and litigation. The shift marks a move away from prescriptive limits on advertising duration towards greater flexibility for broadcasters, while also raising questions about viewer protection, commercial interests, and the changing media landscape. Kaushik Moitra, partner and practice lead – regulatory, IP, TMT & practice development, Bharucha & Partners, examines the evolution of the 12-minute advertising cap, the Delhi High Court’s decision to uphold it, the Government’s subsequent withdrawal of the rule, and what the repeal could mean for broadcasters, regulators and viewers.

For nearly two decades, Indian television channels could carry no more than 12 minutes of advertising per clock hour: 10 minutes of commercial advertising and 2 minutes of self-promotion. On 21 August 2026, the Central Government omitted Rule 7(11) of the Cable Television Network Rules, 1994, approximately 3 months after the Delhi High Court upheld the 12-minute ad cap on 29 May 2026. Subsequently, on 10 September 2026, the Telecom Regulatory Authority of India (TRAI) repealed the corresponding 2012 advertising regulations.

Who regulates advertising time (TRAI’s role) 

Television is governed by the Cable Television Networks (Regulation) Act, 1995 and its rules. TRAI became the regulator for advertising duration in 2004, when broadcasting and cable were brought within “telecommunication service” under the TRAI Act, 1997. Advertising duration thus became a quality-of-service matter for TRAI, under Sections 11(1)(b)(v) and 36.

How the limit came about (and why) 

The 12-minute ceiling, and the 10-plus-2 split was inserted in 2006 under Rule 7(11) of the Cable Television Networks Rules, 1994 to protect viewers after consumer complaints about excessive advertisements, long clustered breaks, on-screen overlays and raised audio levels. As broadcasting uses spectrum, a public resource, the State sought to address the complaints by regulating advertising time.

Following consultations, TRAI’s 2012 advertising duration regulations were amended in 2013 (Regulation). The Regulation fixed the ceiling “per clock hour” preventing unused minutes from being carried forward. The Regulation made the cap enforceable and led broadcasters to court. 

The broadcasters’ challenge (free speech and equality) 

Broadcasters across general entertainment, news and regional channels challenged the framework before the Delhi High Court. They contended that advertising is protected speech under Article 19(1)(a) of the Constitution, and that by “restricting advertisement inventory”, they cut into the revenue that funds their programming. They also contended that the uniform ceiling was arbitrary under Article 14 of the Constitution because the same limit applied across prime or non-prime time, channel types, and commercial, public-service and self-promotional advertisements.

TRAI and the Government defended the cap as a viewer-protection and quality-of-service measure regulating duration, not rates, content, programming and, or business models. 

What the Court decided (cap upheld) 

In 9X Media Pvt. Ltd. v. TRAI, 2026 SCC OnLine Del 4390, the Delhi High Court upheld the cap as a neutral, time-based restriction on advertising duration rather than content for 3 reasons.

First, spectrum and airwaves are scarce public resources the State holds in trust, so a broadcaster does not have unrestricted right to use them purely to maximise revenue. 

Second, because the cap gives effect to the Directive Principles in Articles 39(b) and (c) (equitable distribution of material resources; prevention of concentration of wealth), it draws the protection of Article 31-C, which shields such laws from challenge under Articles 14 and 19. 

Third, the real grievance was loss of revenue and therefore Article 19(1)(g), not free speech (Article 19(1)(a)). The content-neutral cap was a reasonable restriction under Article 19(6), within TRAI’s quality-of-service powers. The challenge under Article 14 also failed because intelligible differentia between programme content and advertising time was viewer protection.

The Subsequent Repeal 

Nevertheless, the Government removed the framework through the Cable Television Networks (Amendment) Rules, 2026, notified on 21 August 2026. The reason was market change: the cap dated from an analogue era with about 62 channels, whereas viewers today have several hundred options across digital platforms, and advertising revenue has declined. The Government considered the market sufficiently competitive to dispense with a statutory cap. 

Following which, TRAI notified the Standards of Quality of Service (Duration of Advertisements in Television Channels) (Repealing) Regulations, 2026 on 10 September 2026, ending the historic 12-minute ceiling.

The repeal signifies a departure from prescriptive regulation which gives broadcasters greater control over airtime but does not resolve the tension between commercial flexibility and protection against excessive or intrusive advertising.

The resulting regulatory gap requires reassessment of the appropriate balance between viewer interests and commercial autonomy, particularly as technology and changing media-consumption patterns make uniform limits harder to justify.

The remaining question is whether existing safeguards prevent unduly intrusive advertising while permitting broadcasters to effectively operate in a competitive market.

The Road Ahead

The repeal is a beginning, not an end. Without the cap, regulators may consider focusing on the nature, manner and impact of advertising, while ensuring broadcaster flexibility does not disproportionately harm viewers.

Note: The views expressed in this article are solely the author’s and do not necessarily reflect our own.