The Delhi High Court on Friday (May 29, 2026) upheld the Telecom Regulatory Authority of India’s (TRAI) regulations capping advertisements on television channels at 12 minutes per clock hour, rejecting a batch of petitions filed by leading broadcasters, news channels, and regional television networks.
A Bench of Justice Anil Kshetarpal and Justice Amit Mahajan ruled that TRAI acted within its statutory powers while introducing the “per clock hour” advertisement cap in 2013.
It is the case of the petitioners that the cap is violative of Articles 14 and 19 of the Constitution. The common ground of challenge pertains to the fixation of a time ceiling of 10+2 minutes per clock hour for broadcasting of advertisements, with a 10-minute cap fixed for commercial advertisements and a 2-minute cap pertaining to self-promotional advertisements.
Some of the regional broadcaster argued that with subscription revenue being negligible, they derive the overwhelming part of their income from advertisements. They said any restriction on the duration of advertisements directly threatens its economic viability and continued existence as a broadcaster.
While distinguishing the effect of print media and broadcast media, TRAI argued that television, unlike print media, operates in a time-bound format where viewers cannot avoid advertisements inserted mid-programme, including scrolls and overlays.
Such distinction necessitated the regulatory intervention in the interest of viewers, it said. TRAI said the regulations were introduced pursuant to widespread consumer complaints, to ensure compliance with license conditions and maintain Quality of Service (QoS). The regulator argued that the prescribed time ceiling directly addresses excessive commercial interruptions that degrade viewing experience.
The court, in its 68-page judgment, agreed that in a medium such as television, where content unfolds in real time and interruptions are inescapably experienced, the frequency, duration as well as density of advertisement breaks are integral to the quality of the viewing experience.
The court highlighted that “excessive or uneven commercial intrusion is not merely an economic concern, rather it constitutes a direct impairment of the right of consumers to a fair and reasonable viewing experience”.
It said broadcasters cannot claim an “unfettered right to exploit spectrum for commercial purposes”.
Underscoring that India’s 12-minute cap is neither extreme nor novel, the court pointed to international practices in countries such as Argentina, Croatia, Canada, Germany, Ireland, and the U.K., which broadly have a ceiling of 9 to 12 minutes per hour.
“To conclude, the impugned regulatory framework represents a constitutionally sound exercise of the state’s authority to regulate a scarce public resource in furtherance of the common good,” the court said while rejecting the plea.
Published - May 29, 2026 10:00 pm IST
Source: The Hindu - India News
