Bombay HC refuses interim relief to Sony in Tata Play dispute, allows limited clarification

New Delhi: The Bombay High Court on Tuesday declined to grant interim relief to Sony Pictures Networks India (SPNI), legally known as Culver Max Entertainment, for its petition challenging a Telecom Disputes Settlement and Appellate Tribunal (TDSAT) directive that bars the broadcaster from making public statements about the removal of its channels from Tata Play's base packs.

As per the news reports, Culver Max also withdrew its writ petition from the High Court, citing the ongoing proceedings at TDSAT in New Delhi. The broadcaster had approached the court on June 6, questioning the legality of the May 30 order by the tribunal, which it said violated its constitutional rights, including freedom of speech and trade.

According to the High Court’s order, Sony had sought two key directions — one urging TDSAT to advance hearings in its broadcasting and miscellaneous applications, specifically Broadcasting Petition Nos. 244/2025 and 467/2025, and the second seeking permission to issue a public clarification regarding its channel availability on the Tata Play platform.

A division bench of Justice RP Mohite-Dere and Neela Kedar Gokhale noted that Tata Play’s counsel did not object to Sony’s request for a limited public statement. The court consequently allowed Sony to publish the following clarification across social media platforms, as mentioned in a news report:

"The dispute between Tata Play and Sony is sub-judice and pending before the Hon'ble TDSAT. However, Sony channels are available on Tata Play on a la carte and as part of Sony bouquets. To activate Sony Channels on Tata Play DTH, call Tata Play on 1800 208 6633."

The bench further observed, “We request the Hon’ble TDSAT to consider taking up the broadcasting petitions and miscellaneous applications for hearing prior to the scheduled date, preferably in the first week of July 2025.”

Culver Max’s original plea argued that the TDSAT order was “ultra vires” and devoid of legal standing, particularly as it allegedly stifled the broadcaster's right to respond to customer queries and allegations circulating on social media. 

The company claimed the order was arbitrary and discriminatory, and contended that the tribunal had no authority over online content governed by the Information Technology Act. 

“TDSAT is a creature of statute under the TRAI Act. It has no jurisdiction over social media posts governed by the IT Act,” the petition stated.

The dispute between the broadcaster and the DTH operator traces back to May, when Tata Play removed 25 Culver Max channels from 106 of its curated DTH packs. Sony alleged the removal occurred without the requisite 15-day on-screen scroll notice, breaching TRAI’s Quality of Service regulations. The scrolls that were aired, Sony claims, ran during non-peak hours and lacked visibility.

Culver Max also pointed to a separate financial dispute. On May 21, the broadcaster served Tata Play with a disconnection notice over alleged unpaid dues exceeding Rs 128 crore. 

However, on May 27, TDSAT ordered Tata Play to pay Rs 40 crore while staying the disconnection notice. 

Simultaneously, the tribunal barred Sony from running on-air scrolls about the issue — a restriction later broadened to include online communications.

Further, Sony objected to what it termed as overreach by TDSAT, arguing that the tribunal extended relief to Tata Play on matters not covered in its original plea. 

The broadcaster sought to strike down the tribunal’s directive, invoking constitutional protections under Articles 14, 19(1)(a), and 19(1)(g), and asked that the enforcement of the order be stayed.

While the legal standoff continues at TDSAT, the Bombay High Court's latest decision underscores the complex intersection of contractual obligations, regulatory mandates, and free speech claims in India’s broadcast ecosystem.