The Hon’ble Telecom Disputes and Settlement and Appellate Tribunal passed interim directions to Prasar Bharti to provide unencrypted signals of DD Sports to SITI Networks Ltd. and DISH TV for uninterrupted viewership immediately. The interim order came to be passed in two petitions filed by SITI Networks Ltd. and DISH TV. The urgency prayed for is the India - New Zealand ODI to be telecasted on 25.11.2022 at 7 AM. 

SITI Networks Ltd. was represented by Trust Legal through Partner Ms. Ritwika Nanda and Associates Ajay Noronha and Tejbir Chugh led by Mr. Meet Malhotra Sr. Adv. DISH TV was represented by Singh & Singh led by Mr. CA Sundaram Sr. Adv. 

The petitions were filed when on 22.11.2022, prior to the telecast of the India - New Zealand T-20 cricket match, Prasar Bharati encrypted the signals of DD Sports thereby rendering the channels unviewable on the distribution platform of SITI and DISH and all other cable and DTH operators except DD Free Dish. 

On requests to Prasar Bharati for the transmission of signals, SITI and DISH were served with Notices by Amazon inter alia, stating that Amazon is the sole and exclusive rights holder in India which has been granted the rights by New Zealand Cricket to communicate to the public, including by way of broadcast delivery and digital delivery, the on-going India’s Tour of New Zealand Cricket Series, 2022. Moreover, Amazon had entered into an arrangement with Prasar Bharati and had been sharing of live braodcasting signals of the on-going series for telecast by Prasar Bharati only on the DD Free Dish platform. 

SITI and DISH argued that Prasar Bharati as a broadcaster is bound by the Interconnection Regulations of bus-provide, non-discrimination and non-exclusivity. Any arrangement by Prasar Bharati with a third party in violation of the aforesaid is untenable. Prasar Bharati by transmitting the signals of DD Sports only to its own DTH platform i.e., DD Free Dish to the exclusion of all other distribution platforms is in violation of the Regulations. Furthermore, in terms of Section 8 of the Cable Television Networks (Regulation) Act, 1995, SITI and DISH are mandatorily required to carry DD Sports on its platform in terms of the notification of the MIB passed in 2013. Prasar Bharati had been supplying unencrypted signals to the parties since 2013 till on 22.11.2022, without any notice, Prasar Bharati encrypted the signals and restricted viewership. 

Prasar Bharati submitted that it has been acting in terms of the arrangement between Prasar Bharati and Amazon. 

Amazon represented by Saikrishna Associates led by Mr. Maninder Singh Sr. Advocate and Mr. Gopal Jain Sr. Adv argued that Amazon has the sole and exclusive copyright to the Series. The petitioners cannot be permitted the contents of the Series and if so done shall be a gross violation of the copyright of Amazon. The arrangement between Amazon and Prasar Bharati is in view of the powers of Prasar Bharati to enter into any commercial arrangement. 

After hearing the parties, the Hon’ble TDSAT held that SITI and DISH have a prima facie case in its favour and the balance of convenience also lies in its favour. In terms of the Cable Television Networks Act, 1995 the must carry obligation is a statutory requirement. In view of the above, Hon’ble TDSAT directed Prasar Bharati to forthwith provide encrypted signals of DD Sports channel to SITI and DISH till the pendency of the matter.