The Telecoms Dispute Settlement and Appellate Tribunal (TDSAT) has ruled in favour of Star India Pvt Ltd, allowing free streaming of cricket matches, including the ICC Men’s Cricket World Cup that began on Thursday on its streaming platform Disney+ Hotstar.
The TDSAT had earlier issued notice to Disney Star challenging the free streaming of cricket matches based on a plea that was filed by the All India Digital Cable Federation (AIDCF) stating that offering free streaming of cricket is unfair for the cable TV industry that pays broadcasters to distribute and showcase cricket matches.
The TDSAT stated in its verdict, “Prima facie, OTT platform is not a TV channel, nor the respondent is requiring any permission or a licence from the Central Government. Moreover, looking at the provisions of the Information Technology Act, 2000 and the rules framed thereunder of the year 2021 and looking at the provisions of TRAI Act, 1997, there is no prima facie case with this petitioner.”
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“Balance of convenience is also not in favour of this petitioner and no irreparable loss will be caused to the petitioner if the stay, as prayed for, is not granted,” the tribunal further mentioned.
The TDSAT however, asked that the AIDCF maintain a list of consumers who have subscribed to the Star Sports channel on their platform as a lot of the same content is being made available through video streaming on Disney Star’s OTT platform.
“These details which the petitioner is maintaining can always be presented before this Tribunal by the way of an affidavit, before the final hearing of this Broadcasting Petition, which will be replied by the respondent. Hence, the interim relief, as prayed for, by this petitioner is hereby rejected,” said the TDSAT.