Delhi High Court stays TDSAT Order directing Star, Sony and Sun TV to provide Information on OTT Content to TRAI

The broadcasters were instructed by TDSAT to furnish information regarding how they stream live linear channels on their OTT platforms by September 20, 2022.

The Telecom Disputes Settlement and Appellate Tribunal's (TDSAT) order to broadcasters like Star, Sony, and Sun TV to provide information to the Telecom Regulatory Authority of India (TRAI) about the content provided on their over-the-top (OTT) platforms was stayed by the Delhi High Court. Additionally, the ongoing procedures involving the broadcasters before the TDSAT have been put on hold by Justice Yashwant Varma.

“The Court finds itself unable to sustain the order of September 20, 2022...There shall be a stay of further proceedings before the TDSAT as well,” the Court ordered.

The High Court also informed TRAI about the situation, and the case was retained for further review on March 3, 2023. Star, Sony, and Sun TV filed a petition with the Delhi High Court to overturn the TDSAT ruling that maintained the TRAI directives.

While Sony controls SonyLiv and Sun TV owns SunNXT, Star is the proprietor of the OTT service Disney+Hotstar. These broadcasters were required to provide information on the live linear channel streaming that they were doing on their OTT platforms by TRAI on November 25, 2021. They argued that the TRAI lacks jurisdiction over OTT services and that these services fall beyond the purview, purview, and purview of the TRAI Act in their appeal before the High Court.

They were first given immunity from any coercive action by the Tribunal. However, on September 20, it issued a ruling ordering them to provide the data requested by TRAI. TRAI itself had said in its affidavit that there did not appear to be a breach of the downlinking criteria, in spite of the fact that.

The Court also highlighted that the Supreme Court is now debating whether or not the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021 apply to OTT platforms and how those platforms should be regulated.

The single-judge bench stated that “In light of the foregoing, and until the next date of listing, the order dated 20 September 2022 issued by the Telecom Disputes Settlement and Appellate Tribunal [TDSAT] shall be stayed.”