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SC upholds TRAI’s powers to regulate broadcasting sector

Dismisses Star’s petition challenging the regulator’s role


The broadcaster had approached the apex court against the amendment to TRAI Act that empowered the Government to bring broadcasting services within the ambit of the telecom regulator.


Our Bureau

New Delhi, Jan. 3 The Supreme Court on Wednesday upheld the powers of the Telecom Regulatory Authority of India to regulate the broadcasting sector and dismissed a petition filed by the broadcasting major Star India challenging the jurisdiction of the telecom regulator.

The apex court held that there was no conflict in letting TRAI regulate both telecom and broadcasting sectors. Dismissing Star India’s petition challenging the role of TRAI, which was set up by an Act of Parliament, a Bench comprising Justices Mr H.K. Sema and Mr Markandey Katju said: “We cannot question Parliament and we should respect Parliament. Judiciary should not interfere in it.”

Earlier, a Division Bench of the Delhi High Court had also upheld the powers of TRAI to prescribe tariffs and revenue sharing formula for the broadcasting sector.

Amendment to TRAI Act

The broadcaster had approached the apex court against the amendment to TRAI Act that empowered the Government to bring broadcasting services within the ambit of the telecom regulator.

Star India’s counsel Mr Fali S. Nariman contended that the amendment to the Act was unconstitutional and the proviso introduced in the Act was contrary to what was envisaged in the original Act. “Telecom Act had excluded broadcasting services, but after amendment the services were allowed to be regulated by TRAI,” Mr Nariman said.

The apex court however said, “There does not seem any conflict between the original Act and the proviso introduced in it after amendment.

“The proviso says that the Centre can bring other services within the ambit of Telecom Act and the Government has issued the notification for regulating broadcasting services by TRAI.”

A senior TRAI official said that the apex court’s views have far reaching consequences as it has finally settled the matter once for all regarding the powers of TRAI to regulate the broadcasting sector.

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