The Delhi High Court on Friday upheld the rule of the Telecom Regulatory Authority of India (TRAI), in which the time limit for advertising on television was fixed at 12 minutes per hour. The division bench of Justices Anil Kshetrapal and Amit Mahajan rejected the petitions of several broadcasters challenging the time limit on advertisements.
However, the copy of the extended order in the case is still awaited. It is noteworthy that in December 2013, Delhi High Court TRAI Was stopped from taking action against the channels.
Let us tell you that these cases were pending for more than a decade because the regulation brought by TRAI in 2013 was challenged. Under this regulation, only 10 minutes of commercial advertisements and 2 minutes of self-promotional content could be shown on the channels every hour. Broadcasters opposed the move, saying it threatened the financial sustainability of television networks, especially news and free-to-air channels, which rely heavily on advertising revenue.
TRAI’s 12 minute TV advertising limit remains intact
Several general entertainment channels, news broadcasters and regional television networks challenged Rule 7(11) of the Cable Television Networks Rules, 1994 and TRAI’s 2012 and 2013 regulations, which imposed a limit of 10 minutes of commercial advertisements and two minutes of self-promotional content per hour.
Broadcasters argued that the hourly limit violates their rights under Articles 14 and 19 of the Constitution, and said that advertising revenue is essential for the survival of television channels, especially free-to-air and regional broadcasters.
Broadcasters’ appeal rejected
News broadcasters claimed that this ban directly impacts commercial speech protected under Article 19(1)(a), while regional channels said that this limit threatens their financial viability. However, the court rejected these arguments and said that the purpose of the regulations was to improve the quality of the viewing experience for consumers.
The bench said that television viewers could not miss advertisements in real time and excessive interruptions had a negative impact on audience interest. It said the 12-minute limit was a code-based normative standard aimed at striking a balance between commercial interests and consumer welfare.
The bench finally ruled, “In view of the above stated position of law and the facts and circumstances of this case, these petitions are dismissed. Regulation 3 of the 2012 Regulations passed by TRAI, which implements Rule 7(11) of 1994, which is challenged herein, fails to satisfy the rights conferred under Articles 14 and 19 of the Constitution.”
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