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TRAI puts a cap on ads duration in regulations for advertisements in TV channels

15 May 2012 Evaluate

In a major development, the Telecom Regulatory Authority of India (TRAI) has imposed a cap on ads in its regulations in context to the provision of advertisements in TV channels. Reiterating its stand the regulator stated that no broadcaster shall carry advertisements exceeding 12 minutes in a clock hour in a programme. It further stated that any shortfall of advertisement duration in a clock hour shall not be carried over. Advertisements included not only the commercials but also the channel’s own promotions, for its shows or for the channel per se. Clock hour has been defined as commencing at 00.00 of the hour and ending at 00.60. For the live broadcast of a sporting event, the advertisements shall be carried only during the breaks in the sporting action.

TRAI has drawn out various regulations impacting advertising on television. Through its notification, on the Standards of Quality of Service (Duration of Advertisements in Television Channels 2012), the TRAI has chalked out not only the duration of ad time but also the gap between ads and the kind of advertising allowed.

TRAI has also directed that channels can only show full screen advertising. No part screen or drop down advertisements are allowed. Explaining the reason behind that TRAI said that advertising should be clearly distinguished from content and should not in any manner interfere with the programme by using the lower part of the screen to carry captions, static or moving alongside the programme.

Though it’s a welcome proposal from the viewers point, the broadcasters are not happy and have opposed the suggestions of TRAI. Broadcasters had pointed out to the TRAI that there was a precedence of a Supreme Court ruling, which had held that the restriction on advertising space in newspapers would lead to reduction in its revenue, which was in violation of Article 19 (1)(a). The same rule should also apply to television.

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