Section 26 in Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017
26. It has also been argued, that notwithstanding the authority of the TRAI as set out above, since the regulatory measures proposed to be undertaken would interfere with the exercise of their rights and entitlements under the Copyright Act, 1957, these measures to the aforesaid extent, therefore, are ultra vires the Act and, therefore, the powers of the TRAI. This objection has two distinct though connected heads :-
(i)The regulatory measures which mandate the provision of channels on a non-discriminatory basis to all DPOs are violative of the rights of Broadcasters under, inter alia, section 37 of the Copyright Act, 1957, as well as Article 19 (1)(g) of the Constitution. In other words, these regulatory measures unlawfully interfered with their "freedom to contract" as protected under section 37 and Article 19(1)(g).(ii)Connected with this assertion is the contention on behalf of Broadcasters that the prescription of ceiling of tariff as well as the "must provide" regulatory measures prevents them from monetizing the content of their broadcast and the exercise of their broadcasting reproduction right under section 37 of the Copyright Act, 1957.
