Read Time: 04 minutes

Synopsis

Justice Yashwant Varma of the Delhi High Court on Wednesday stayed the Telecom Disputes Settlement and Appellate Tribunal's (TDSAT) order directing Star, Sun, and Sony Networks to provide the Telecom Regulatory Authority of India (TRAI) with information about the streaming of live linear channels by them on their over-the-top (OTT) platforms.

The court was hearing a batch of petitions filed by Star, Sun, and Sony Networks challenging the TDSAT order which upheld the directions issued by the TRAI.

The single judge bench noted that “The Court is unable to sustain the order of 20 September 2022 as it would effectively dispose of the appeal once the petitioners, who were the appellants before the TDSAT, were required to comply with the impugned directions of 25 November 2021 while the appeals were kept pending.”

On November 25, 2021, TRAI directed these broadcasters to provide information about their live linear channel streaming on their OTT platforms. Later, on September 20, 2022, TDSAT directed broadcasters to provide information regarding the same.

Court also noted that the issue of applicability of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 to OTT platforms and the regulation of those platforms is a matter which is presently pending consideration before the Supreme Court.

The single-judge bench stated that “In light of the foregoing, and until the next date of listing, the order dated 20 September 2022 issued by the Telecom Disputes Settlement and Appellate Tribunal [TDSAT] shall be stayed.”

Furthermore, the court relying on an Apex Court’s 2020 order also stayed the proceedings before the TDSAT, and accordingly, listed the matter for March 3, 2023.

Case Title: Star India Private Limited v. Telecom Regulatory Authority of India, Sun TV Network Ltd. v. UOI & Anr, Culver Max Entertainment Pvt. Ltd. v. UOI & Anr.