The next hearing date is December 18, and the TDSAT has instructed AIDCF to submit a rejoinder affidavit by that date or earlier. Earlier, the tribunal had directed Star India to file its reply by October 3.
The tribunal noted that over-the-top (OTT) platforms are not covered under the Telecom Regulatory Authority of India’s (TRAI) regulations. The rejection of interim relief to AIDCF will allow Star to stream the ICC CWC for free on Disney+ Hotstar. It had also streamed the recently concluded Asia Cup for free to mobile users.
“Prima facie, the OTT platform is not a TV channel, nor is the respondent requiring any permission or a license from the Central Government. Moreover, looking at the provisions of the Information Technology Act, 2000, and the rules framed thereunder for the year 2021, and looking at the provisions of the TRAI Act, 1997, there is no prima facie case with this petitioner,” TDSAT said in its judgment.
The tribunal noted that the balance of convenience is also not in favor of AIDCF, and no irreparable loss will be caused to its members if the stay, as prayed for, is not granted.
It stated that the AIDCF members can maintain a separate list of consumers who have subscribed to the Star Sports channel, as the same contents are being made available through video streaming on the said OTT platform.”These details, which the petitioner is maintaining, can always be presented before this tribunal by way of an affidavit before the final hearing of this broad petition, which will be replied to by the respondent. Hence, the interim relief, as prayed for by this petitioner, is hereby rejected,” it stated.The AIDCF had urged the TDSAT to direct Star India to stop its free cricket offering on Disney+ Hotstar, claiming that the subscribers of its members like Hathway Digital, DEN Networks, Siti Networks, and GTPL Hathway also want to watch live cricket for free.
Additionally, it had also argued that the broadcaster is favoring one group of viewers over another by charging cable TV subscribers for the same content while giving it away for free to Disney+ Hotstar members.
The same also goes against the TRAI’s regulatory framework, which aims to establish a comprehensive environment that ensures transparency, non-discrimination, and subscriber safety, the AIDCF asserted.
Star India has argued before the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that over-the-top (OTT) and TV distributors, including cable, DTH, and HITS, cannot be compared because they are two distinct businesses subject to different legal regimes.
The media company, which runs a lineup of over 70 channels in addition to the streaming service Disney+ Hotstar, has rejected the All India Digital Cable Federation’s (AIDCF) claim that it discriminates against pay-TV subscribers by making the Asia Cup and ICC Men’s Cricket World Cup 2023 free to OTT users.
Additionally, Star India argued that it is not the only broadcaster to offer cricket for free to users of its OTT platforms.
Star stated another broadcaster is also providing cricket on a free basis to its OTT users, in a veiled reference to Viacom18, which is providing the Indian cricket team’s bilateral matches for free to JioCinema users.
The AIDCF petition is not maintainable because it not only calls for parity with an OTT platform but also attempts to control its content, argues Star.
In June, Disney+ Hotstar stated that both the ICC Men’s Cricket World Cup 2023, which starts on October 5, and the just-completed Asia Cup will be free for mobile subscribers. Star India is the owner of the TV and digital rights to these events.
Besides streaming the events on Disney+ Hotstar, Star India is also airing the matches on its paid broadcast network, Star Sports.
