The Hon’ble Telecom Disputes and Settlement and Appellate Tribunal handed interim instructions to Prasar Bharti to supply unencrypted alerts of DD Sports to SITI Networks Ltd. and DISH TV for uninterrupted viewership of the upcoming India New Zealand Match on Wednesday

The interim order got here to be handed in two petitions filed by SITI Networks Ltd. and DISH TV. The urgency prayed for is the India – New Zealand ODI to be telecasted on 25.11.2022 at 7 AM. 

SITI Networks Ltd. was represented by Trust Legal via Partner Ms. Ritwika Nanda and Associates Ajay Noronha and Tejbir Chugh led by Mr. Meet Malhotra Sr. Adv. DISH TV was represented by Singh & Singh led by Mr. CA Sundaram Sr. Adv. 

The petitions have been filed when on 22.11.2022, previous to the telecast of the India – New Zealand T-20 cricket match, Prasar Bharati encrypted the alerts of DD Sports thereby rendering the channels unviewable on the distribution platform of SITI and DISH and all different cable and DTH operators besides DD Free Dish. 

On requests to Prasar Bharati for the transmission of alerts, SITI and DISH have been served with Notices by Amazon inter alia, stating that Amazon is the only and unique rights holder in India which has been granted the rights by New Zealand Cricket to speak to the general public, together with by the use of broadcast supply and digital supply, the on-going India’s Tour of New Zealand Cricket Series, 2022. Moreover, Amazon had entered into an association with Prasar Bharati and had been sharing of dwell braodcasting alerts of the on-going sequence for telecast by Prasar Bharati solely on the DD Free Dish platform. 

SITI and DISH argued that Prasar Bharati as a broadcaster is sure by the Interconnection Regulations of bus-provide, non-discrimination and non-exclusivity. Any association by Prasar Bharati with a 3rd celebration in violation of the aforesaid is untenable. Prasar Bharati by transmitting the alerts of DD Sports solely to its personal DTH platform i.e., DD Free Dish to the exclusion of all different distribution platforms is in violation of the Regulations. Furthermore, by way of Section 8 of the Cable Television Networks (Regulation) Act, 1995, SITI and DISH are mandatorily required to hold DD Sports on its platform by way of the notification of the MIB handed in 2013. Prasar Bharati had been supplying encrypted alerts to the events since 2013 until on 22.11.2022, with none discover, Prasar Bharati encrypted the alerts and restricted viewership. 

Prasar Bharati submitted that it has been performing by way of the association between Prasar Bharati and Amazon. 

Amazon represented by Saikrishna Associates led by Mr. Maninder Singh Sr. Advocate and Mr. Gopal Jain Sr. Adv argued that Amazon has the only and unique copyright to the Series. The petitioners can’t be permitted the contents of the Series and in that case achieved shall be a gross violation of the copyright of Amazon. The association between Amazon and Prasar Bharati is in view of the powers of Prasar Bharati to enter into any business association. 

After listening to the events, the Hon’ble TDSAT held that SITI and DISH have a prima facie case in its favour and the steadiness of comfort additionally lies in its favour. In phrases of the Cable Television Networks Act, 1995 the should carry obligation is a statutory requirement. In view of the above, Hon’ble TDSAT directed Prasar Bharati to forthwith present encrypted alerts of DD Sports channel to SITI and DISH until the pendency of the matter.