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Tag: Kerala High Court

  • Kerala HC upholds ban on Malayalam channel MediaOne

    Kerala HC upholds ban on Malayalam channel MediaOne

    Mumbai: The Kerala high court has dismissed the appeal by Malayalam news channel against the single judge order upholding the recent ban imposed on it by the ministry of information and broadcasting citing security concerns.

    A division bench of chief justice S Manikumar and justice Shaji P Chaly upheld the order passed by the ministry of information and broadcasting refusing the broadcast license granted to MediaOne. “We have perused the confidential files and we are convinced that there is threat to national security,” said the bench while pronouncing the verdict.

    Madhyamam Broadcasting Limited which operates the channel MediaOne had applied for renewal of permission on 3 May 2021 and was denied security clearance by the ministry of home affairs. Subsequently, the ministry of information and broadcasting revoked the company’s license to uplink and downlink Malayalam news channel MediaOne on 31 January citing security concerns.

    As per the I&B ministry’s order, clause 9.2 of the uplinking guidelines stipulates that security clearance of a company and its directors is a prerequisite condition for grant of permission for TV channels.

    In addition to the channel, appeals were also filed by its employees including its editor against the I&B ministry’s decision which were also rejected by a single judge on 8 February.

    This is the second time that the channel has been barred from airing. In March 2020, Asianet News and MediaOne TV had been barred for 48 hours by I&B ministry citing security concerns.

  • Kerala HC dismisses Media One’s plea against order barring transmission

    Kerala HC dismisses Media One’s plea against order barring transmission

    Mumbai: The Kerala high court on Tuesday dismissed the petition of Malayalam news channel Media One TV challenging the government’s order barring its transmission after the ministry of home affairs refused security clearance for renewal of the channel’s license.

    The bench of Justice N Nagaresh dismissed the appeal after going through the files submitted by the ministry of home affairs following the ban order issued by the ministry of information and broadcasting. The court observed that there are sufficient grounds for denying permission for the renewal of the channel’s license.

    Madhyamam Broadcasting Ltd which operates the channel MediaOne had applied for renewal of permission on 3 May 2021 was denied security clearance by the ministry of home affairs. In response to a show-cause notice sent by the I&B ministry, the company mentioned that they are “unaware of the grounds for denial of security clearance.”

    According to the I&B ministry order, clause 9.2 of the uplinking guidelines stipulates that security clearance of a company and its directors is a prerequisite condition for grant of permission for TV channels which is up for renewal every ten years.

    Subsequently, MediaOne posted a statement on its social media handles stating that it would take legal steps against the I&B ministry’s order. This is the second time that the MediaOne channel has been barred from airing. In March 2020, Asianet News and MediaOne TV had been barred for 48 hours by the I&B ministry citing security concerns.

  • Kerala HC defers MIB order pulling news channel MediaOne off air

    Kerala HC defers MIB order pulling news channel MediaOne off air

    Mumbai: The Kerala high court has issued a two-day stay on the ministry of information and broadcasting (MIB) order revoking the permission for downlinking and uplinking of Malayalam news channel MediaOne.

    Madhyamam Broadcasting Ltd which operates the channel MediaOne had applied for renewal of permission on 3 May 2021 was denied security clearance by the ministry of home affairs. In response to a show-cause notice sent by MIB, the company mentioned that they are “unaware of the grounds for denial of security clearance.”

    Malayalam channel MediaOne goes off air as MIB revokes permission

    According to the MIB order, clause 9.2 of the uplinking guidelines stipulates that security clearance of a company and its directors is a prerequisite condition for grant of permission for TV channels which is up for renewal every ten years.

    Subsequently, MediaOne posted a statement on its social media handles stating that it would take legal steps against the MIB order. This is the second time that the MediaOne channel has been barred from airing. In March 2020, Asianet News and MediaOne TV had been barred for 48 hours by MIB citing security concerns.

  • Trai asks broadcasters, DPOs to comply with interconnection agreements regulations

    Trai asks broadcasters, DPOs to comply with interconnection agreements regulations

    Mumbai: The Telecom Regulatory Authority of India (Trai) has asked broadcasters and distributors of TV channels to immediately implement the provisions of the Telecommunication (Broadcasting and Cable) Services Register of Interconnection Agreements and all such other matters Regulations, 2019.

    The regulator has asked broadcasters and distributors to submit the compliance report within 15 days from the date of issue of the letter on 8 December failing which actions would be taken as per provisions of the said regulations and the Trai Act, 1997.

    The regulations were supposed to come into force on 2 January 2020 but were challenged by the All India Digital Cable Federation (AIDCF) in the Kerala high court. The high court in its order dated 9 January 2020 had ordered that no coercive action will be taken by the respondents.

    The court disposed of the said writ petition, in its judgement dated 12 July, and partially set aside the provisions of the said regulations to the extent they require registration of placement/marketing agreements. Thus, all the provisions of the said regulations, except to the extent they require registration of placement/marketing agreements, are in operation.

    The regulator had developed a B&CS integrated portal system (BIPS) for the purpose of filing data/details pertaining to the said regulations. The regulations require broadcasters and DPOs to furnish, via their compliance officer, its reference interconnection offers when the same is published on their websites.

    The regulations are applicable to all commercial and technical arrangements entered into by broadcasters, distributors of television channels and local cable operators for providing broadcasting services. If broadcasters and distributors default in complying with the provisions, then Trai would take action by imposing a financial disincentive.

  • Supreme Court allows transfer of DTH licence fee petition from Kerala HC

    Supreme Court allows transfer of DTH licence fee petition from Kerala HC

    MUMBAI: Moving one step closer to the long-fought battle on licence fees between direct-to-home (DTH) operators and the government of India, the Supreme Court has allowed the transfer of a related case to the apex court from the Kerala High Court.

    “Having heard the learned counsel for the parties and gone through these transfer petitions filed under Article 139A of the Constitution of India and considering the facts and circumstances of the case, we deem it fit and proper to transfer the matters mentioned in Prayer (a) of the Transfer Petitions from the High Court of Kerala at Ernakulam to this Court,” Supreme Court said in an order dated on 23 September.

    The transfer of the petition will help DTH players to pave the way for the long-pending new DTH licenses.

    Last year, the Telecom Regulatory Authority of India (TRAI) had reiterated most of its recommendations in response to back reference received from the ministry of information and broadcasting (MIB) on the authority’s recommendations related to the new direct to home (DTH) licence. The authority had issued recommendations on ‘Issues related to New DTH Licenses’ on 23 July 2014.