Madras HC gives split verdict in Star India versus TRAI case

[Basil]

"In my considered view, the challenge to the impugned regulation and the tariff order fails," she said in her order.

The Chief Justice, however, held as "arbitrary" the clause putting a cap of 15 per cent on the discount on the MRP of a bouquet and said it was "not enforceable" In his dissenting judgement, Justice M Sundar struck down various provisions in the tariff order which touch upon content of the programmes of broadcasters as not in conformity with the parent Telecom Regulatory Authority of India (TRAI) Act.

Star India plea against TRAI tariff order: In TV channel bouquet pricing case, here is what court said | Zee Business

 

[Sarkar]

Atleast they hv not kept the case pending for years. Now let's see what sc will do

 

[iphifi]

Timeline of events:

October 2016: Trai floats tariff proposal capping channel price. To be implemented from 1'st April 2017.
January 2017: Madras HC hears Star's petition and ask TRAI to change the order and HC discuss what modifications should be made.
April 2017: TRAI appeal to SC. SC rules in favor of order to be implemented within 30 days. 2 Judges withdraw from case in Madras HC.
May 2017: SC stays TRAI order within days of implementation. (Was valid between May 2 and May 7) Ask Madras HC to continue proceedings.
August 2017: Madras HC reserves order. Proceedings over.
March 2018: Split verdict announced by 2 Madras Judges. Another Judge appointed to break the tie.

Argument of Star is TRAI has no authority to decide price based on channel genre. Madras Chief Justice sides with TRAI but other Judge sides with Star. Star agrees that TRAI can regulate carriage fee but not content price.