Broadcasters may challenge TRAI ruling on pay channels in court

TV broadcasters are planning to challenge the Telecom Regulatory Authority of India's (TRAI) directive in court, as per an Economic Times report. The directive states that pay channels available for free on DD Free Dish must also be free for other distributors.

Broadcasters are likely to move court through industry groups like the Indian Broadcasting and Digital Foundation and the News Broadcasters and Digital Association.

On Monday, TRAI instructed that TV channels available for free on DD Free Dish cannot be declared as pay channels on other platforms. A senior TV executive told ET that broadcasters have a strong case since TRAI does not have jurisdiction over DD Free Dish, a free direct-to-home (DTH) platform owned by Prasar Bharati.

The executive explained that broadcasters do not charge subscription fees from DD Free Dish because it does not charge customers. In contrast, pay DTH and cable platforms charge customers for pay channels and network capacity fees.

However, a cable TV executive argued that TRAI's directive is aimed at broadcasters, not DD Free Dish, so the regulator is within its rights. The executive believes a channel should be either paid or free-to-air (FTA) uniformly across all platforms.

Currently, over 15 pay channels, including news and entertainment, are available on DD Free Dish. Entertainment channels on this platform often air older content and have a nominal price.

A distribution executive noted that some entertainment channels are kept paid because TRAI regulations prohibit bundling free and paid channels. Both cable and DTH platforms have been lobbying to bring DD Free Dish under regulatory control. TRAI has recommended upgrading DD Free Dish to an encrypted platform.