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ROHINTON FALI NARIMAN, NAVIN SINHA
STAR INDIA PRIVATE LIMITED – Appellant
Versus
DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION – Respondent
Broadcasters’ rights are primarily protected under copyright laws, which recognize their proprietary interests in the content they produce or hold rights to. They have the authority to own, license, and manage their original programmes and content, including the ability to organize their packaging and pricing strategies, such as offering channels on a-la-carte or in bouquets with declared maximum retail prices (!) (!) .
Additionally, broadcasters retain control over their content rights, licensing arrangements, and tariff schemes, which are regulated by copyright authorities. Their ability to produce, package, license, and monetize content is distinct from the regulatory powers of authorities like TRAI, which focus on the technical aspects of transmission, carriage, and interconnection. The regulation of content and proprietary rights remains outside the scope of such authorities, ensuring that broadcasters' content rights are protected while technical and carriage regulations aim to promote fair competition and consumer interests (!) (!) (!) .
JUDGMENT
R.F. NARIMAN, J.
1. The present civil appeals raise a challenge to certain clauses of the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 (hereinafter referred to as the “Regulation”) notified on 3.3.2017 and the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 (hereinafter referred to as the “Tariff Order”) dated 3.3.2017 made under the Telecom Regulatory Authority of India Act, 1997 (hereinafter referred to as the “TRAI Act”). Since regulations made under the TRAI Act were under challenge, a writ petition was filed before the Madras High Court in which the main issues that arose before the Division Bench were as follows:-
a. Whether the Telecom Regulatory Authority of India (hereinafter referred to as “TRAI”) has the power to regulate only the ‘means of transmission’, viz. the ‘carriage’ aspect of broadcasting, and does not have the power to regulate the ‘content’ of the broadcast (i.e. the channel and/or its constituent programmes)?
b. Whether the impugne
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