Delhi HC issues notice in TRAI's application seeking modification in stay order against TDSAT's directions to Sun, Star and Sony networks
The Court was hearing an application filed by TRAI seeking modification in High Court's September 28 order, wherein it put a stay on the TDSAT's order directing Star and Sun Networks to provide TRAI with information about the streaming of live linear channels by them on their over-the-top (OTT) platforms.
Justice Yashwant Varma of the Delhi High Court on Tuesday issued notice in an application filed by the Telecom Regulatory Authority of India (TRAI) seeking modification in the High Court’s order dated September 28.
On September 28, the bench of Justice Varma had 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 OTT platforms.
The single-judge bench has now sought a reply from the respondents within four weeks. The matter has been listed for further hearing on January 24, 2023.
TRAI, though the instant application, sought limited modification in the order dated September 28, only to the extent of vacation of stay on further proceedings in an appeal of 2021 pending before the TDSAT.
In the stay order, the single judge bench had stated, “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.
In the stay order, the high court had 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 court had ordered, “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.” Moreover, the court, relying on an Apex Court’s 2020 order, had also stayed the proceedings before the TDSAT.
Case Title: Star India Private Limited v. Telecom Regulatory Authority of India, Sun TV Network Ltd. v. UOI & Anr