Delhi HC stays TDSAT order asking broadcasters to furnish details about making available content on OTT

The Delhi High Court on Wednesday stayed the TDSAT order asking the broadcasters to provide information relating to making available content on OTT until the next date of hearing.

HC heard appeals made by broadcasters challenging the TDSAT order (dated 20.09.2022) which directed them to furnish detailed information asked by TRAI about the content of TV channels being made available on OTT platforms.

The court also stayed the proceedings before TDSAT until the next date of hearing.

The court was of the view that once the main issue of lack of jurisdiction to issue the impugned direction was pending, the TDSAT could not have passed the impugned order.

The court also enquired on the authority of TRAI to regulate OTT and call for information as sought by it.

The issue had started when TRAI asked certain broadcasters (including Star India and Sony, Sun TV) to submit detailed information about content of TV channels being available on OTT.

The order issued by TRAI, directing disclosure of information and architecture, was challenged by the aggrieved broadcasters in TDSAT inter-alia challenging the jurisdiction of TRAI to seek such information.

It was submitted by the broadcasters that it has been TRAI's stated position in earlier judicial proceedings that it doesn't regulate OTT.

The TDSAT had earlier provided ad-interim protection to the broadcasters against coercive action from TRAI. However, subsequently, it directed furnishing of information by broadcasters which led to the present petition before the Delhi High Court.

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