ITV

Category: High Court

  • HC seeks detailed govt order on Care World India’s week-long ban

    HC seeks detailed govt order on Care World India’s week-long ban

    NEW DELHI: The Bombay High Court today said the Information and Broadcasting Ministry’s order imposing a one-week ban against Care World India TV is not a ‘speaking order’ as it does not give details of the violations by the channel.

    In view of this, Justice M S Karnik said that the Ministry should withdraw the show cause notice to the channel and issue a fresh order detailing violations. It gave time to the counsel for the Government to get instructions and inform the court by 30 November 2016.

    Earlier, the court had extended the stay on the ministry order last week, after the TV channel informed the court that it wanted to amend its petition. The channel was required to satisfy the Court by today as to what amendments it wants to make.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show-cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order”.

    The ban had been put on the channel Care World from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the Court. 

    The judge also said in his order that the channel would not be permitted broadcast of this programme till its interim order was vacated.

    Also read:   Stay on Care World TV ban extended till 28 November

  • HC asks ministry to exempt controversial film for IFFK

    HC asks ministry to exempt controversial film for IFFK

    NEW DELHI: The Kerala High Court has asked the Information and Broadcasting Ministry to grant exemption to the film “Ka Bodyscapes” in a week’s time.

    This follows a petition by the filmmaker Jayan Cherian who had been told by the forthcoming International Film festival of Kerala (IFFK) that he would not be permitted to show his film as the Ministry had refused to exempt it.

    Under the existing rules, any film selected for an international festival in India is expected to get ministerial clearance if not certified by the CBFC. The Festival is commencing on 9 December 2016.

    IFFK officials had asked Cherian to get exemption by 25 November. The exemption is necessary as the film was not cleared by the Central Board of Film Certification.

    In the case of Ka Bodyscapes, the certification body had refused to certify it on the grounds that it insulted Hindu religion and there’s a writ petition pending before the High Court in this regard.

  • HC asks ministry to exempt controversial film for IFFK

    HC asks ministry to exempt controversial film for IFFK

    NEW DELHI: The Kerala High Court has asked the Information and Broadcasting Ministry to grant exemption to the film “Ka Bodyscapes” in a week’s time.

    This follows a petition by the filmmaker Jayan Cherian who had been told by the forthcoming International Film festival of Kerala (IFFK) that he would not be permitted to show his film as the Ministry had refused to exempt it.

    Under the existing rules, any film selected for an international festival in India is expected to get ministerial clearance if not certified by the CBFC. The Festival is commencing on 9 December 2016.

    IFFK officials had asked Cherian to get exemption by 25 November. The exemption is necessary as the film was not cleared by the Central Board of Film Certification.

    In the case of Ka Bodyscapes, the certification body had refused to certify it on the grounds that it insulted Hindu religion and there’s a writ petition pending before the High Court in this regard.

  • Stay on Care World TV ban extended till 28 November

    Stay on Care World TV ban extended till 28 November

    NEW DELHI: The Bombay High Court today extended till 28 November 2016 its stay on the order of the Information and Broadcasting Ministry imposing a one-week ban against Care World India TV. 

    The extension came even as the I and B Ministry filed its reply, after the TV channel informed the court of Justice M S Karnik that it wanted to amend its petition. The channel will be required to satisfy the Court on the next date – 28 November – as to what amendments it wants to make. The court had earlier stayed the order till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order.” Care World was earlier banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court. 

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

    Also read:  HC stays MIB order against Care World

  • Stay on Care World TV ban extended till 28 November

    Stay on Care World TV ban extended till 28 November

    NEW DELHI: The Bombay High Court today extended till 28 November 2016 its stay on the order of the Information and Broadcasting Ministry imposing a one-week ban against Care World India TV. 

    The extension came even as the I and B Ministry filed its reply, after the TV channel informed the court of Justice M S Karnik that it wanted to amend its petition. The channel will be required to satisfy the Court on the next date – 28 November – as to what amendments it wants to make. The court had earlier stayed the order till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court in the last hearing on 8 November that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the arguments given by the channel had been taken into consideration and “therefore it is not a reasoned order.” Care World was earlier banned from the midnight of 9 November to midnight of 16 November 2016.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only come subject to the final order of the court. 

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

    Also read:  HC stays MIB order against Care World

  • HC stays MIB order against Care World

    HC stays MIB order against Care World

    NEW DELHI: Even as NDTV has gone to court and the MIB order against it held in abeyance, the Bombay High Court today stayed the order of the Information and Broadcasting Ministry directing a one-week ban against Care World India.

    Justice M S Karnik directed the I&B Ministry to file its reply within two weeks and listed the matter for hearing on 23 November 2016. The order would remain stayed till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the argument given by the channel had been taken into consideration and “therefore it is not a reasoned order.”

    Care World had been banned since the midnight of 9 November to midnight of 16 November 2016. The order was issued under section 20(2) and 20(3) of the Cable Televisions Networks (Regulation) Act 1995 and some provisions of the Uplinking guidelines.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only be telecast subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

  • HC stays MIB order against Care World

    HC stays MIB order against Care World

    NEW DELHI: Even as NDTV has gone to court and the MIB order against it held in abeyance, the Bombay High Court today stayed the order of the Information and Broadcasting Ministry directing a one-week ban against Care World India.

    Justice M S Karnik directed the I&B Ministry to file its reply within two weeks and listed the matter for hearing on 23 November 2016. The order would remain stayed till 24 November.

    Seven Star Satellite Pvt Ltd counsel Mayur Khandeparkar told the court that a show cause had been issued to the channel which had also been given a hearing by the Inter-Ministerial Committee, but the final order indicated that none of the argument given by the channel had been taken into consideration and “therefore it is not a reasoned order.”

    Care World had been banned since the midnight of 9 November to midnight of 16 November 2016. The order was issued under section 20(2) and 20(3) of the Cable Televisions Networks (Regulation) Act 1995 and some provisions of the Uplinking guidelines.

    Khandeparkar also said that the programme ‘Kya Karun main ab’ against which the ministerial order had come had already been taken off air and subsequent episodes would only be telecast subject to the final order of the court.

    The judge also said in his order that the channel would not be permitted to broadcast this programme till its interim order was vacated.

  • Cap on TV ads, challenge to stay ‘action against channels’ hearing put off

    Cap on TV ads, challenge to stay ‘action against channels’ hearing put off

    NEW DELHI: The Delhi High Court today adjourned the hearing of the ad cap on television channels again, this time to 12 January 2017, with no resolution in sight to the imbroglio.

    Chief Justice G Rohini and Justice Sangeeta Dhingra told the counsel present when the matter came up that it would be heard at the next date. No reason was attributed by the Court for the adjournment.

    On 1 August 2016, the matter was put off to today by the chief justice and Justice Jayant Nath as they did not have time to hear the matter in view of part-heard cases. 

    In the hearing on 29 March 2016, a plea was made on behalf of the Information and Broadcasting Ministry that a proposal was being contemplated to amend the relevant provision relating to limiting ads to 12 minutes an hour.

    (Thus, the hearing will come up almost two years after then I and B Minister Arun Jaitley had said at a public function that he did not see the need for any kind caps on the media.)

    When the case comes up next, the court is also expected to take up an application by the intervenor — Home Cable Network Pvt Ltd — seeking vacation of the order staying action against violating television channels.

    On 13 May 2016, the court had agreed to take up vacation of stay at the next hearing. The court had, on 11 February 2016, agreed to take up the application by Discovery Communications to intervene in the matter. 

    Earlier, on 27 November 2015, the court presided over by the chief justice had said the matter had been pending for sometime and, therefore, it would hear and conclude the case in the next hearing. 

    On that day, MIB had informed the court that it was in talks with the News Broadcasters Association (NBA) and other stakeholders on the issue of the advertising cap. This was the first time that the ministry had put in an appearance in the petition filed by the NBA against the Telecom Regulatory Authority of India (TRAI) and others.

    The case, filed by NBA and others against TRAI and the Union Government, has so far been adjourned from time to time on the plea that the government and the broadcasters are in talks on this issue.

    The court has already directed that the order that TRAI would not take any action against any channel pending the petition would continue. In an earlier hearing, the court had, at the regulator’s instance, directed that all channels keep a record of the advertisements run by them.

    The NBA had challenged the ad cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels. Apart from the NBA, the petitions have been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamorus, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.

    Meanwhile, a separate petition filed in the High Court by Vikki Choudhry and Home Cable Network Pvt Ltd., which too will be heard on the next date, seeks to charge MIB with dereliction of duties to take action against offending pay TV broadcasters for violating the terms and conditions of the licenses/permission for Uplinking and Downlinking.

    The Court had in June asked the Ministry to file its reply in four weeks. Notice was issued only to the Ministry, although the petition also listed several other broadcasting companies as respondents. 

    ALSO READ:  Ad cap & linked case put off to Sept; court to hear plea against stay order

  • Cap on TV ads, challenge to stay ‘action against channels’ hearing put off

    Cap on TV ads, challenge to stay ‘action against channels’ hearing put off

    NEW DELHI: The Delhi High Court today adjourned the hearing of the ad cap on television channels again, this time to 12 January 2017, with no resolution in sight to the imbroglio.

    Chief Justice G Rohini and Justice Sangeeta Dhingra told the counsel present when the matter came up that it would be heard at the next date. No reason was attributed by the Court for the adjournment.

    On 1 August 2016, the matter was put off to today by the chief justice and Justice Jayant Nath as they did not have time to hear the matter in view of part-heard cases. 

    In the hearing on 29 March 2016, a plea was made on behalf of the Information and Broadcasting Ministry that a proposal was being contemplated to amend the relevant provision relating to limiting ads to 12 minutes an hour.

    (Thus, the hearing will come up almost two years after then I and B Minister Arun Jaitley had said at a public function that he did not see the need for any kind caps on the media.)

    When the case comes up next, the court is also expected to take up an application by the intervenor — Home Cable Network Pvt Ltd — seeking vacation of the order staying action against violating television channels.

    On 13 May 2016, the court had agreed to take up vacation of stay at the next hearing. The court had, on 11 February 2016, agreed to take up the application by Discovery Communications to intervene in the matter. 

    Earlier, on 27 November 2015, the court presided over by the chief justice had said the matter had been pending for sometime and, therefore, it would hear and conclude the case in the next hearing. 

    On that day, MIB had informed the court that it was in talks with the News Broadcasters Association (NBA) and other stakeholders on the issue of the advertising cap. This was the first time that the ministry had put in an appearance in the petition filed by the NBA against the Telecom Regulatory Authority of India (TRAI) and others.

    The case, filed by NBA and others against TRAI and the Union Government, has so far been adjourned from time to time on the plea that the government and the broadcasters are in talks on this issue.

    The court has already directed that the order that TRAI would not take any action against any channel pending the petition would continue. In an earlier hearing, the court had, at the regulator’s instance, directed that all channels keep a record of the advertisements run by them.

    The NBA had challenged the ad cap rule, contending that TRAI does not have jurisdiction to regulate commercial airtime on television channels. Apart from the NBA, the petitions have been filed by Sarthak Entertainment, Pioneer Channel Factory, E24 Glamorus, Sun TV Network, TV Vision, B4U Broadband, 9X Media, Kalaignar, Celebrities Management, Eanadu Television and Raj Television.

    Meanwhile, a separate petition filed in the High Court by Vikki Choudhry and Home Cable Network Pvt Ltd., which too will be heard on the next date, seeks to charge MIB with dereliction of duties to take action against offending pay TV broadcasters for violating the terms and conditions of the licenses/permission for Uplinking and Downlinking.

    The Court had in June asked the Ministry to file its reply in four weeks. Notice was issued only to the Ministry, although the petition also listed several other broadcasting companies as respondents. 

    ALSO READ:  Ad cap & linked case put off to Sept; court to hear plea against stay order

  • Hearing of DAS cases in Delhi HC put off to Oct

    Hearing of DAS cases in Delhi HC put off to Oct

    NEW DELHI: The hearing of the first bunch of cases relating to the stay orders on Phase III of Digital Addressable System has been adjourned by the Delhi High Court to 5 October as the court did not assemble after the lunch break.

    The cases were listed before Justice Sanjeev Sachdeva, who is also scheduled to hear on 13 September three more cases including that of Home Systems Pvt Ltd of Mumbai and another by Digiana Pvt Ltd which have been transferred to the Court.

    The application by the Indian Broadcasting Foundation (IBF) for being impleaded in the case also did not come up for hearing. However, it is expected that this may be mentioned on 13 September.

    Some of the cases scheduled for hearing today included the Rohtak Cable Operators’ Association, Andhra Pradesh MSOs Welfare Federation, Multi System Operators’ Welfare Association, Sai Big Star Welfare Association, Sree Devi Digital Systems, Federation of Telangana MSO, DEN Manoranjan Satellite, Victory Digital, Sri Chowdeshwary Cable Network, Shyam Baba Cable Network, Panchajanya Media, Bharat Digital Cable Network, Nashik Zilla Cable Operators Association, Bhima Riddhi Digital Services and Yogesh Cable Networks.

    A total of 62 cases had been filed by multi-system operators (MSOs) in various courts for extension in the deadline of Phase lll. Of these, 12 cases had been disposed of by respective courts and three cases had been withdrawn by the petitioners.

    In the 16th Task Force meeting, the Information and Broadcasting Ministry (MIB) had for the first time admitted that the Law Ministry had observed that the order passed by the Andhra Pradesh High Court staying Phase III “appears to have all lndia applicability”.

    (The Ministry had sought this opinion in view of the Bombay High Court making a reference to the Kusum Ingots case which had said that if one high court gives an order, others can give similar orders if similar circumstances exist. indiantelevision.com had reported in January this year that the MIB had told the Punjab and Haryana high court that it had ‘decided not to press the requirement of having a STB as for now till the decision of the cases which are pending before various other high courts’).

    The meeting had been told that there were no cases in twenty states but the MIB was not in a position to issue orders in view of the advice given by the law ministry.

    Earlier, the Indian Broadcasting Foundation had withdrawn its petition after the Supreme Court said that the order of the Bombay High Court did not imply any pan-India stay.

    Cases are pending in the High Courts of Bombay, Hyderabad (with separate petitions for Telengana and Andhra Pradesh), Allahabad, Assam, Odisha, and Chhattisgarh for the entire states, apart from Tamil Nadu where prolonged legal cases have been pending since Phase I.

    In Karnataka, three individual stakeholders got stay orders in Mangalore and Mysore areas while there is no state-wide stay.