TDSAT directs confidentiality safeguards in Tata Play-Sony audit dispute

New Delhi: The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) on Wednesday directed strict confidentiality safeguards to govern a fresh audit of Tata Play’s systems in a case filed by broadcaster Culver Max Entertainment (formerly Sony Pictures Networks India).

The tribunal ordered that all data accessed from Tata Play’s Subscriber Management System, Conditional Access System and related platforms during the audit must remain confidential, with no disclosure permitted to third parties by either the auditor or the petitioner.

It stated that copies of data collected for the audit are to be destroyed within seven days of completion of the audit or finalisation of the report, whichever is later, while Tata Play must preserve the original data until the petition is finally decided.

The auditor will be required to sign a confidentiality undertaking in the presence of an authorised officer of Culver Max.

The directions came as TDSAT admitted Culver Max’s petition challenging the adequacy of an earlier audit report provided by Tata Play under Regulation 15(1) of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017.

Unsatisfied with the December 2024 audit report, Culver Max invoked its right under Regulation 15(2) to commission another audit through an empanelled auditor.

After initially nominating KPMG, the broadcaster settled on MGB & Co. LLP following objections from Tata Play. Disagreements, however, arose over the terms of the confidentiality undertaking. Tata Play opposed the inclusion of the phrase “including annexures” in the audit report clause, but TDSAT upheld Culver Max’s version of Clauses 4 and 5 of the undertaking.

The tribunal also directed Tata Play to intimate Culver Max within 10 days about the exact date and time of the audit, and granted the operator time to file its reply. 

The matter has been adjourned to December 17, 2025, for further hearing.