#BulletinBoard (May 25, 2018)

IAAF’s New Eligibility Regulations for Female Classification

The International Associations of Athletics Federation (“IAAF”) released “Eligibility Regulations for Female Classification (Athlete with Differences of Sexual Development)” (“Regulations”) on April 23, 2018. The Regulations will replace the now dormant Regulations Governing Eligibility of Females with Hyperandrogenism to Compete in Women’s Competition. The objective of the Regulations is to respect and preserve the dignity of athletes with differences of sex development (“DSD”) and to level the playing field to ensure fair and meaningful competition within women’s events. The new IAAF Regulations require female athletes with DSD to reduce their naturally elevated testosterone levels by medical means to be eligible to compete in restricted events in an international competition. The Regulations will come into effect on November 1, 2018.

SEBI Circular on Segregated Nominee Account Structure in IFSCs

The Securities and Exchange Board of India (“SEBI”) has issued a circular to permit Segregated Nominee Account Structures in International Financial Service Centre (“IFSC”) under S. 11(1) of the SEBI Act, 1992. The entities that are eligible to offer segregated nominee account structure, like SEBI-registered brokers in IFSC, are called Segregated Nominee Account Providers (“SNAPs”). This has been done with the intention to facilitate ease of market access for foreign investors in IFSC. The orders of foreign investors may be routed through eligible SNAPs for the purpose of trading on stock exchanges in IFSC. The activities will include identifying the end-client, order placement at client level, and position limits. Stock exchanges are obligated to furnish to SEBI, the information relating to trades on stock exchanges in IFSC, originated by or through providers. The role of the stock exchanges in the IFSC is to ensure compliance with statutory provisions relating to transactions by providers for their end-clients.

TRAI Tariff Order and Interconnection Regulations upheld in the Madras High Court

The provisions of the Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff Order, 2017 and the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017 introduced by the Telecom Regulatory Authority of India (“TRAI”) were challenged by Star India, Vijay TV, and Indian Broadcasting Foundation due to imposition of provisions beyond the jurisdiction of TRAI. The provisions seek to prevent broadcasters from offering a mix of pay channels and free to air channels together, and restricted offering high definition and standard definition formats of the same channel in the same bouquet.

The Petitioners contented that TRAI encroached upon Copyright and Broadcasting Reproduction Rights (“BRR”) of the petitioners. There was a split verdict in the Madras High Court in March, where Justice Sundar’s ruling was that the TRAI provisions touched upon copyright regulations and were beyond the jurisdiction of the TRAI. Chief Justice Banerjee ruled that the provisions intended to safeguard the public interest and was well within the realm of the TRAI jurisdiction. The matter was referred to Justice Sundresh, who has concurred with the findings and ruling of the Chief Justice on all the points of conflict.

The Madras High Court, while upholding the Regulations, struck down certain caps imposed on the maximum discount that can be offered for bouquets of channels by broadcasters.

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