TDSAT refuses to grant interim relief to AIDCF against Star's free cricket streaming
AIDCF), which requested a stay on Star India's free cricket streaming on Disney+ Hotstar, has been denied interim relief by the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
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,
