The Delhi High Court on Thursday listed for October 6, a petition filed by Zee Media against the Ministry of Information and Broadcasting asking it to remove its 10 regional news channels from KU Band on grounds of getting unfair advantage.

The Single-Judge Bench of Justice Yashwant Varma noted on Wednesday that the order passed by the Ministry emanated from the directions issued in a petition pending before the Division Bench. 

The High Court observed that it would be expedient if the same bench dealt with the matter and listed the matter for hearing before the same bench on October 6.

The petition filed by Zee Media contended that the I&B Ministry had directed the media house to remove Zee Hindustan, Zee 24 Kalak, Zee Salaam, Zee 24 Taas, Zee Bihar Jharkhand, Zee Punjab Haryana Himachal, Zee Uttar Pradesh Uttarakhand, Zee Rajasthan, Zee Odisha and Zee Madhya Pradesh Chhattisgarh from KU Band, a form of satellite frequency, on the GSAT-15 satellite.

 
In its September 23 order, the Ministry had said that by being on the GSAT-15 satellite, these channels were accessible on DD FreeDish, effectively making them free-to-air. This gave Zee an unfair advantage over competitors.

The Ministry further said that Clause 5.1 of the up-linking guidelines only allowed a broadcaster to uplink its TV channels either in the C band or in Ku band.

It said the presence of these 10 channels were causing a loss of around Rs 100 crore a year to the exchequer, along with a loss of viewership and revenue for the smaller regional broadcasters, as they were being broadcast without paying the auction and license fee to Prasar Bharati, which conducts annual auction for DD Freedish slot.  

The petition by Zee contended that in an affidavit filed before the Delhi High Court, the government had stated that there was no prohibition on a broadcaster to simultaneously uplink its TV channels in C band and Ku band. However, it has taken a contrary view in the order under challenge.

The media house alleged that the order by the Ministry was passed under the influence of its competitors and business rivals.

It also said that the complaint on the basis of which the order was passed, was never shared with Zee, which put them at a grave disadvantage as they were unable to exercise their right to a free and fair hearing.

The media house added that the Ministry’s order was in violation of principles of natural justice and done without application of mind.

Case title: Zee Media Corporation Limited & Anr v Union of India & Another

The Delhi High Court on Wednesday sought a response from the Ministry of Information Broadcasting and Electronics and Information Technology over a petition seeking setting up of a censor board for reviewing and certifying non-film music, their lyrics and music videos.

A division bench of Chief Justice D.N. Patel and Justice Jasmeet Singh issued notice to both the respondents over the petition filed by Neha Kapoor and Mohit Bhadu and slated the matter for further hearing on May 17.

The plea filed through Advocate Rishu Singh sought court’s direction to the Ministry of Information and Broadcasting (MI&B) to constitute a regulatory authority or censor board to censor and review the non-film songs, their lyrics and videos which are made available to the general public through various media platforms like television, YouTube, etc.

It also sought directions from the court to make it mandatory for composers of non-film songs to receive certification before such songs are made available in the public domain.

The plea also sought the court’s direction to the Ministry of Electronics and Information Technology to constitute a body to screen every non-film song and its contents including lyrics and video before they are released on the internet through any platform/ application.

“There is an immediate requirement of a regulatory authority/censor board to censor or review non-film songs, their lyrics and music video being played on various platforms like YouTube, Spotify, Gaana.com, Instagram etc. for public listening and viewing which are being shared in the society without any restrictions as such unregulated content has an adverse effect on the public, especially the youth, to instigate them to objectify/embarrass women and are against women rights to a free and fair society,” the plea said.

The plea further stated that if such content is not regulated the same would tantamount to a regressive approach when our country is still striving towards gender equality and not objectifying women and giving them a safe environment to live.

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The petition taking examples of various songs like Saiyan Ji by YoYo Honey Singh, Makhna by YoYo Honey Singh etc, said, “…contents of the obscene/ vulgar/demeaning non-film songs and videos question the dignity of women and clearly imply the objectification of women in the society and have the effect of instigating people to disrespect/ embarrass women especially.”

“Further such songs are clearly promoting drug/ alcohol abuse with their lyrics. That such lyrics are clearly against the moral values of Indian culture and society and is disgraceful on the face of it,” the plea said.

The Delhi High Court on Thursday ordered the Information and Broadcasting (I&B) Ministry to take action against media houses that are not members of the News Broadcasting Standards Authority (NBSA) if they are found to have violated the Cable TV act while broadcasting content relating to actor Rakul Preet Singh.

The order was passed by a single-judge bench of the high court presided over by Justice Prathiba M. Singh who also asked the Ministry to file a status report in this regard.

The Ministry in an affidavit filed through Advocate Ajay Digpaul has informed the court that NBSA has passed 10 orders in respect of the complaint filed by the actor.

The affidavit further stated also informed the Court that they are examining the representation given by Singh.

In September last year, Bollywood actor Rakul Preet Singh had asked Delhi High Court for urgent interim directions from the court restraining media from running shows or publishing articles against her in connection with the drug probe which emerged out following the death of Bollywood actor Sushant Singh Rajput.

The petition claimed that Rakul Preet has been in Hyderabad for a film shoot and was shocked to see media reports in the evening of 23.9.2020 to the effect that the Narcotics Control Bureau, Mumbai has summoned her to appear before it in Mumbai in the morning of 24.9.2020 in connection with the ongoing investigation in the Rhea Chakraborty narcotic drugs case.

“…the Petitioner had received no such summons from the NCB at either of her Hyderabad or Mumbai addresses, and accordingly she remained in Hyderabad. The Petitioner’s father, Col. Kulvinder Singh (Retd), decided to take the morning flight on 24.9.2020 to Mumbai from Hyderabad to ascertain the truth of such reports,”

-the plea said.

“…however, from the evening of 23.9.2020 itself, the media started running fake news to the effect that the Petitioner, who was in Hyderabad, had supposedly reached Mumbai on the evening of 23.9.2020 for the NCB investigation,” it said further.

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It added that around 11.20 am on 24.9.2020, the Petitioner received in Hyderabad, through Whatsapp, summons under Section 67 of the NDPS Act dated 23.9.2020 and which required her to appear in person before the NCB, Mumbai on 24.9.2020 at 10 am.

it is from the email dated 24.9.2020 from the NCB that the Petitioner learnt that case in which she has been required to appear has been registered as Crime No. MZU/NCB/15/2020, the actress said.

New Delhi (ILNS): The Central government has issued an order to bring OTT platforms and content providers such as Netflix, PrimeVideo and Hotstar under purview of Ministry of Information and Broadcasting.

The order in this regard was signed by the President of India Ram Nath Kovind.

In the current situation there is no autonomous body to govern the online media content. 

The Press Council of India takes care of the print media, the News Broadcasters Association (NBA) monitors news channels, the Advertising Standards Council of India is for advertising while the Central Board of Film Certification (CBFC) takes care of films.

In October, the Supreme Court had sought the Centre’s response on a petition for regulating the Over-The-Top (OTT) platforms by an autonomous body. It had issued notices to the Centre, Ministry of Information and Broadcasting and Internet and Mobile Association of India.

On November 9, the Union of India issued notification bringing online news portals and online content providers under I&B ministry.

The notification states: “In exercise of the powers conferred by clause (3) of article 77 of the Constitution, the President hereby makes the following rules further to amend the Government of India (Allocation of Business Rules) 1961, namely:

1.  These rules may be called Government of India (Allocation of Business Rules) Three Hundred and Fifty Seventh Amendment Rules, 2020.

2.  They shall come into force at once.”

The order also states that in the Government of India (Allocation of Business Rules) 1961, in the second schedule under the heading Ministry of Information and Broadcasting, after entry 22, the following sub-heading and entries shall be inserted:

1.  Films and audio visual programmes made available under the online content providers.

2.  News and current affairs content on online platforms.

After the notification central government is now set to regulate online news and current affairs channel’s, along with digital platforms, OTTs such as Netflix, Amazon Prime Video.

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Read the notification here;