Delhi HC upholds TRAI’s regulations that limit TV advertisements to 12 minutes per hour

Representative image. | Photo credit: Getty Images/iStockphoto

The Delhi High Court on Friday (May 29, 2026) upheld Telecom Regulatory Authority of India (TRAI) regulations that limit advertisements on television channels to 12 minutes per hour, dismissing a series 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 had acted within its statutory powers when it imposed the “per hour” advertisement restriction in 2013.

In the case of the petitioners, the ceiling is contrary to Articles 14 and 19 of the Constitution. The common ground of contention concerns the setting of a time cap of 10+2 minutes per hour for airing advertisements, with a 10-minute cap set for commercial ads and a 2-minute cap for self-promotion.

Restrictions affect economic viability

Some of the regional broadcasters have argued that since subscription revenue is negligible, they derive the bulk of their revenue from advertising. They said that any restriction on the length of advertisements directly threatens its economic viability and continued existence as a broadcasting organisation.

While differentiating the effect of print media and broadcast media, TRAI argued that television, unlike print media, operates in a time-limited format where viewers cannot avoid advertisements inserted in the middle of a programme, including scrolls and overlays.

Such a distinction required regulatory intervention in the interest of viewers, she said. TRAI said the regulations were introduced following widespread consumer complaints to ensure compliance with license conditions and maintain quality of service (QoS). The regulator argued that the prescribed time cap directly addresses excessive commercial interruptions that degrade the viewing experience.

In its 68-page ruling, the court agreed that in a medium such as television, where content occurs in real time and where interruptions are inevitably experienced, the frequency, length and density of commercial breaks are integral to the quality of the viewing experience.

The court emphasized that “excessive or disproportionate commercial interference is not merely an economic problem, but constitutes a direct violation of consumers’ right to a fair and reasonable viewing experience.”

It said broadcasters could not claim an “unrestricted right to use the spectrum for commercial purposes”.

The court emphasized that India’s 12-minute limit is neither extreme nor new, pointing to international practices in countries such as Argentina, Croatia, Canada, Germany, Ireland and the United Kingdom, which generally have a ceiling of 9 to 12 minutes per hour.

“In conclusion, the contested regulatory framework represents a constitutionally correct exercise of the state’s power to regulate scarce public resources in the interest of the general welfare,” the court said, dismissing the lawsuit.

Published – 29 May 2026 22:00 IST