ARTICLE
28 August 2024

Sony & Tata Play's Conflict Over Channel Removal; Legal Action On The Horizon?

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Naik Naik & Company

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Established in 2004, Naik Naik & Co. started out as a niche media practice which has metamorphosed into a full-service law firm. Headquartered in Mumbai with a pan-India presence, we advise and perform across all aspects of corporate, disputes, banking and finance, and intellectual property law. Our sectoral focus is our differentiator and we can boast of strong industry sector expertise for over two decades. Our practice is anchored in quality service, professionalism, and integrity.
The ongoing dispute between media conglomerate Sony and Indian DTH service provider Tata Play has escalated, with Sony considering legal action over the removal of channels from the latter's platform.
India Media, Telecoms, IT, Entertainment
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The ongoing dispute between media conglomerate Sony and Indian DTH service provider Tata Play has escalated, with Sony considering legal action over the removal of channels from the latter's platform.

The dispute gained widespread attention when Tata Play decided to drop Sony's channels, citing declining viewership. However, Sony claims that Tata Play's actions were retaliatory, taken in response to Sony's request for an audit of Tata Play's Subscriber Management System (SMS). The dispute is further complicated by the fact that Sony and Tata Play had renewed their contract in the first quarter of the year. Sony argues that the channel removal violates the terms of their agreement and disregards the preferences of Tata Play's subscribers who may value Sony's content. In response to the current situation, Sony is considering legal action to address what it perceives as a breach of contract and to seek redress for the removal of its channels without prior notice or consultation.

Sony's Allegations

From Sony's standpoint, the removal of its channels from Tata Play's platform is seen as an unjust and retaliatory action. The broadcaster has accused Tata Play of acting out of spite after Sony requested an audit of Tata Play's SMS. This audit request, according to Sony, was made after the broadcaster noticed potential discrepancies in the subscriber data reported by Tata Play. Sony believes that the removal of its channels is a direct response to this audit request, and as a result, the company is now exploring legal options to address the situation.

Sony's primary argument is that the two companies had recently renewed their contract in the first quarter of the year, which makes Tata Play's decision to remove the channels even more contentious. Sony contends that the removal of the channels without prior notice or consultation not only violates the terms of their agreement but also disregards the preferences and interests of subscribers who may wish to continue accessing Sony's content. Furthermore, Sony has criticized Tata Play for making the decision without considering the broader implications for consumers. According to Sony, the move could negatively impact Tata Play's subscribers, many of whom may have chosen the service specifically for access to Sony's channels. By removing these channels, Tata Play may be depriving its customers of content that they value, which could lead to dissatisfaction and a potential loss of subscribers for the DTH provider.

Sony's concerns extend beyond just the immediate impact of the channel removal. The broadcaster is also worried about the precedent this action could set for the broader industry. If DTH operators can unilaterally remove channels from their platforms without proper justification or prior notice, it could undermine the stability of the relationships between content providers and distributors. This, in turn, could lead to more frequent disputes and a less predictable business environment for all parties involved.

Tata Play's Perspective

On the other side of the dispute, Tata Play has defended its decision to remove Sony channels from its consumer packages, arguing that the move is fully compliant with regulatory requirements and is in the best interests of its customers. According to Tata Play CEO Harit Nagpal, the decision to remove the channels was based on a careful assessment of customer preferences and the financial implications of continuing to offer the Sony channels. He has emphasized that the removal of Sony channels results in significant cost savings for Tata Play's customers, who will save approximately Rs 50-60 per month as a result of the change. He also noted that the declining popularity of Sony's channels was a key factor in the decision, suggesting that the channels were no longer in high demand among Tata Play's subscribers.

In response to Sony's allegations of retaliatory behavior, he has strongly denied any such motivations, stating that Tata Play's subscriber management system (SMS) is regularly audited by auditors from the Telecom Regulatory Authority of India (TRAI) and is open for audits by broadcasters as well. He has pointed out that Tata Play's SMS is fully transparent and compliant with all relevant regulations, and that the company has nothing to hide. He has also highlighted the fact that Sony channels are still available to Tata Play's customers on an à la carte basis, meaning that subscribers can choose to add the channels individually if they wish. This demonstrates that Tata Play is not trying to block access to Sony's content, but rather is offering consumers greater flexibility and choice in how they access television content. Thus, the removal of Sony channels is part of a broader strategy to adapt to the changing dynamics of the media industry. By removing less popular channels and offering them on an à la carte basis, Tata Play believes it can better meet the needs of its subscribers while also reducing costs, rather than the subscribers being forced to purchase large bundles that include channels they may not watch.

Conclusion

Sony's consideration of legal action stems from Tata Play's removal of channels without prior notice, which Sony argues breaches their recently renewed contract.

The ongoing dispute between Sony and Tata Play is more than just a conflict between two companies; it is a reflection of the broader challenges faced by the media industry as a whole. As more consumers shift towards digital and à la carte viewing options, traditional business models that rely on bundled channel packages are becoming less viable.

The challenges traditional television faces as it grapples with an increasingly digital landscape. As consumers increasingly favor streaming services and on-demand content, traditional networks are compelled to adapt their strategies. This shift is creating friction with distributors, who are also navigating evolving market dynamics.

The dispute reveals a broader dilemma: how should content providers and distributors handle subscriber data and manage evolving viewer preferences? The key to resolving these conflicts will be to find a balance between the interests of content providers, distributors, and consumers, while also ensuring that the regulatory framework is robust enough to support a fair and transparent industry.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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