Culver Max moves Bombay HC against gag order by TDSAT in Tata Play dispute

Culver Max Entertainment Pvt. Ltd., the broadcaster behind channels like Sony SAB, Sony Max, and Sony Sports, has approached the Bombay High Court challenging an order by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) that barred it from making public statements regarding Tata Play’s removal of its channels from DTH packs.

It should be noted that Culver Max has not challenged TDSAT order granting partial relief to Tata Play and stay on disconnection notice issued to the DTH operator.

In a writ petition (a copy of which is with Storyboard18) filed on June 6, Culver Max contends that the May 30 order by TDSAT is “ultra vires” and curtails its right to free speech and trade. The dispute stems from Tata Play’s decision in May to drop 25 Culver Max channels across 106 DTH packs, allegedly without prior notice, thereby violating both contractual terms and Telecom Regulatory Authority of India (TRAI) guidelines.

"The Impugned Order is wholly arbitrary, and discriminatory in as much as it prevents the Petitioner from being able to defend itself from allegations levelled against it by viewers/subscribers of its channels on social media platforms."

"In the absence of any specific finding that the content/messages/posts by the Petitioner were misleading, defamatory or violative of any TRAI Regulations, the Impugned Order imposing restraint is arbitrary and unsustainable in law. In fact, it is the pleaded case and admitted fact by Respondent No. 2 in its Broadcasting Petition, as well as on the social media platform "X", that changes were made to its base packs and the Petitioner's channels were discontinued. The Hon'ble TDSAT has failed to consider these admissions"

Culver Max alleges that Tata Play not only failed to inform the broadcaster about the changes, but also misled subscribers by implying the channel unavailability was Culver’s fault. After receiving a slew of subscriber complaints on social media, Culver responded via public posts — prompting Tata Play to file an application before TDSAT seeking a restraint on such communications.

The tribunal’s order directed Culver Max to remove all posts relating to Tata Play from its social platforms, which the broadcaster claims amounts to overreach. “TDSAT is a creature of statute under the TRAI Act. It has no jurisdiction over social media posts governed by the IT Act,” the petition argues.

Petition states, "The Honourable TDSAT has exceeded its jurisdiction and travelled beyond the pleadings of the Broadcasting Petition by granting reliefs not prayed for in the Broadcasting Petition filed by Respondent No. 2."

Further, Culver Max insists that Tata Play failed to comply with mandatory QoS regulations, including the requirement of a 15-day notice via on-screen scrolls before discontinuing channels. The scrolls, Culver Max claims, were aired during low-viewership hours and lacked clarity.

The broadcaster also said it issued a disconnection notice to Tata Play on May 21 for non-payment of over ₹128 crore in dues. While TDSAT on May 27 ordered Tata Play to pay ₹40 crore and stayed the disconnection, the tribunal also restricted Culver from displaying on-air scrolls — a direction that was later extended to include online communication.

Calling the order arbitrary and in violation of Articles 14, 19(1)(a), and 19(1)(g) of the Constitution, Culver Max has requested the High Court to quash the TDSAT directive and stay its implementation until the final verdict.