12-Minute TV Ad Limit Protects Viewers’ Interests: Delhi HC

12-Minute TV Ad Limit Protects Viewers’ Interests: Delhi HC

The Delhi High Court on Friday upheld the Telecom Regulatory Authority of India’s (TRAI) rule limiting television advertisements to 12 minutes per hour.

A Division Bench of Justice Anil Kshetarpal and Justice Amit Mahajan dismissed petitions filed by several broadcasters challenging the advertisement cap.

The Court said TRAI was well within its powers to frame the regulations and noted that the rules were introduced to protect viewers from excessive commercial breaks.

Several entertainment channels, news broadcasters and regional television networks had challenged Rule 7(11) of the Cable Television Network Rules, 1994, along with TRAI’s 2012 and 2013 regulations. The rules allow 10 minutes of commercial advertisements and two minutes of self-promotional content every hour.

The broadcasters argued that the restriction violated their rights under Articles 14 and 19 of the Constitution. They said advertisement revenue was essential for the survival of television channels, especially free-to-air and regional channels.

News broadcasters also argued that advertisements are a form of commercial speech protected under Article 19(1)(a).

However, the High Court rejected these arguments and said the regulations were meant to improve the viewing experience for consumers.

The Bench observed that viewers cannot skip advertisements while watching live television and excessive ad breaks affect their experience.

Calling the 12-minute limit a balanced approach, the Court said the regulation was meant to protect consumer interests while also considering broadcasters’ commercial needs.

The Court ultimately dismissed all the petitions and upheld the validity of TRAI’s regulations.

It also noted that in 2013, the High Court had temporarily restrained TRAI from taking action against channels during the pendency of the case.

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