TRAI directive on pay channels has broadcasters mulling legal action

The Telecom Regulatory Authority of India (TRAI) latest amendments to the regulatory framework for broadcasting and cable services, is drawing industry flak.

On July 8th, the TRAI notified that a pay channel available at no subscription fee on the DTH platform of the public service broadcaster has to be declared free-to-air by the broadcaster of the channel for all the addressable distribution platforms also to have a level playing field.

For encryption of channels on DD FreeDish through digital addressable systems, TRAI has given time till April 1, 2025, to implement. However, it is only a recommendation as it is yet to be accepted by the Ministry of Information and Broadcasting.

Read more: TRAI puts NCF under forbearance; Watching dish and cable TV may become cheaper

The Authority has asked Prasar Bharati to encrypt signals of private TV channels on DD FreeDish before uplinking them to prevent unauthorised transmission.

"TV broadcasters are planning a legal challenge to the Trai directive on making pay channels that are available on DD Free Dish free to other distributors," stated an ET report, mentioning sources privy to the development.

"The broadcasters are likely to move court through industry bodies like Indian Broadcasting and Digital Foundation and News Broadcasters and Digital Association," the report said.

The Authority on Monday issued recommendations to MIB on certain issues including ‘Listing of channels in Electronic Programme Guide’ and transition of ‘DD Free Dish’ to an addressable system.

"In order to ensure quality of viewing experience, prevent unauthorized re-transmission of television channels to combat piracy and maintain the record of subscribers, Prasar Bharati to take steps to convert DD Free Dish platform from a non-addressable system to an addressable system and make a beginning by encrypting the signals of private satellite television channels at DD Free Dish headend before uplinking. Subsequently, all other channels of DD Free Dish may also be transmitted in encrypted form," the Authority has said.

As of now, over 15 pay channels across news and entertainment genres are present on DD Free Dish.

Over the years, DD Free Dish has become increasingly popular due to its ability to reach a vast population of 40-50 million homes and is the single largest TV distribution platform in the country.

Read more: Prasar Bharati to increase DD Free Dish slots next year

In May this year, Prasar Bharati announced further increasing DD Free Dish slots next year, with the number of slots to go up by 40. The pubcaster is getting a new transponder to increase the number of slots as the demand remains high.

Prasar Bharati started the DTH service of DDDirect+ in December 2004, which was re-named as DD Free Dish on August 27, 2013. Initially the coverage of DD Free Dish was limited to Himachal Pradesh, Chhattisgarh, Karnataka, Madhya Pradesh, Rajasthan, Uttaranchal, North East Region and Gujarat i.e., where the percentage of TV broadcasting services coverage was below national average.

At present, coverage of DD Free Dish services is throughout the Indian territory except Andaman and Nicobar Islands. Prasar Bharati does not charge any monthly or annual subscription fee from viewers for viewing DD Free Dish service. For availing DD Free Dish services, one requires only a small one-time investment in purchasing of Dish Receive System containing Set-Top-Box and small sized dish antenna. The unique free to air model has made DD Free Dish the largest DTH platform.