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Supreme Court of India 2018-10-30

Star India Private Limited vs Department of Industrial Policy and Promotion & Ors

Bench: 2 — R.F. Nariman

In Brief

Star India and other broadcasters challenged TRAI regulations and tariff orders governing how TV channels could be packaged, priced, and distributed to consumers. They argued TRAI lacked authority to regulate "content" (covered by the Copyright Act) and could only regulate "carriage." A divided Madras High Court referred the case to a third judge. The Supreme Court held that TRAI's broad public-interest mandate includes fixing rates, terms, and conditions for broadcasting services. The regulations protect consumer choice by capping discounts and preventing forced bundling. The TRAI Act and Copyright Act operate in different fields: the former regulates service delivery to consumers; the latter protects creators' property rights. No copyright provisions are impinged. Where conflict arises, the public-interest TRAI Act prevails over the Copyright Act.", <parameter name="articles_cited">["Article 19(1)(a)", "Article 19(2)", "Article 226"]

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