New Delhi: After Multi Service Operators and the cable distribution industry, now the country’s leading broadcasters like Star, Zee, ESPN, Sony, Neo Sports, Discovery and others have taken on the Telecom Regulatory Authority of India (Trai) questioning its authority and mandate to regulate content and television advertising norms.
Recently, Trai had proposed a 50% reduction in the duration of television advertising for pay channels and other measures for TV genres like movies, news and free-to-air channels so as to give consumers a better viewing experience. Last month, Trai floated a consultation paper proposing that no free-to-air channel should carry ads exceeding 12 minutes in an hour. For pay channels, Trai proposed a six minute cap, 50% of what is currently being prescribed under the cable laws. Trai also suggested that the 12 minutes of ads should not be in more than four sessions in one hour.
In response to Trai’s proposals, the broadcasters have united to question the legality and the motives of the telecom and broadcast sector regulator. Star India said Trai had no jurisdiction to regulate advertising as per extant laws, rules and regulations. “The I&B ministry is the nodal ministry for regulating advertising on TV as per the Cable Television Network Regulation Act, 1994. The rules already fixes the time for advertisements including promotions at 12 minutes per hour. Trai has no jurisdiction,” Star said.
On its part, rival Zee TV said that Trai’s suggestions for curbing TV advertising is contrary to its own stated position. Citing a recent case in TDSAT, Zee said Trai as party to a case had told the court that it had no role to play in relation to the Cable Television Networks (Regulation) Act, 1995 or TV advertising regulation as both these subject matters are governed by the Cable laws.
Leading lifestyle broadcaster Discovery India termed Trai’s suggestions as restrictive, misguided and ill-founded. Indian Broadcasting Foundation (IBF), the apex body of broadcasters termed Trai’s move as an attempt of not only “regulatory over-reach” but also an example of “regulatory oversight”.
Multi-Screen Media, the promoter of Sony Entertainment channels said the regulator failed to understand the dynamics and fundamentals of sports broadcasting business while proposing a curb on TV advertising for sports channels. Sony termed Trai’s proposals as a “bad idea” which will deprive broadcasters fundamental rights to carry on business.
In its suggestions, Trai wanted a clock-hour basis for fixing the duration of ads on television. Which means, allowing 12 minute of ads per 60 minutes of programming. Currently, a number of broadcaster average out their respective 12-minutes of ads based on 24-hours of programming. Trai also proposed not more than three ad breaks during the telecast of a movie and that too with a minimum gap of 30 minutes between consecutive ad breaks. In case of sporting events being telecast live, the regulator said the ads should only be carried during the interruptions in the sporting action – for example, half time in football or hockey match, lunch/ drinks break in cricket matches, game/set change in case of lawn tennis etc. Trai also asked for allowing only full screen ads. Trai said part screen ads should not be permitted along with the drop down ads. For news channels, Trai suggested allowing not more than two scrolls at the bottom of the screen translating into 10% of the screen space. Currently, more than 50% of screen space gets occupied from scrolls, tickers and data in case of business news channels.