Removal Of Zee's Channels From DD Free Dish: Delhi High Court Issues Notice On Broadcasting Company's Plea Against MIB Order

The Delhi High Court on Thursday issued notice on a plea moved by Zee Media Corporation Limited challenging the Ministry of Information & Broadcasting's order withdrawing permission for uplinking 10 of its channels in Ku Band.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of the Centre and Dish TV India Limited while listing the matter for hearing on January 19, 2023.

On October 31, 2019, the Ministry had granted permission to Zee Media to uplink 10 regional channels - 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, Zee Madhya Pradesh Chhattisgarh, on Ku Band on GSAT-15 Satellite. Dish TV India Limited provides the teleport service for up-linking of the TV Signals on Ku Band.

However, on September 23, 2022, the said permission was withdrawn vide the impugned order which resulted in Dish TV disconnecting the said 10 channels of Zee Media. According to the MIB, the simultaneous broadcast in C band and Ku Band led to free availability of the channels on DD Free Dish due to proximity and co-location of transponders of the DD Free Dish and Dish TV. The same was giving a competitive advantage to Zee over other private broadcasters, according to the Centre.

Stating that the order was passed without sharing requisite details of the complaints, Zee has argued that without access to such key documents, the media company has been put at a grave disadvantage and was unable to exercise their right to a free and fair hearing.

Further arguing that Centre had failed to comply with principles of natural justice, the plea also states that the Ministry of I&B in its response filed in a case titled Gaurav Kochhar v. Union of India & Ors. categorically said that there is no prohibition for a broadcaster to simultaneously uplink its TV channels in C band and Ku band.

In this backdrop, the petition argues that the Ministry, in the impugned order, had stated that Clause 5.1 of the Up-linking Guidelines only allows a broadcaster to uplink its TV channels in either C band or in Ku band. It also adds that there is no specific prohibition on simultaneous uplinking of TV channels in both C band and Ku band.

"It is the case of the petitioners that the impugned order dated 23.09.2022 has been passed by the respondent No. 1 being influenced by the competitor/ business rivals of the petitioners without there being no new, fresh and cogent reason for the respondent No. 1 to review/change its stand taken on oath before this Hon'ble Court," the plea reads.

It is also the case of Zee Media that the Centre failed to consider that the way to ensure that its TV channels were not received on DD Free Dish was by simply directing Prasar Bharti to comply with the mandate of the Direct-to-Home (DTH) Guidelines and orders of the TDSAT, and encrypt its signals.

"In the present case, if the purpose of the exercise was to ensure that the Petitioner No. 1's TV channels are not available on DD Free Dish, then the least intrusive manner of ensuring the same would be to direct Prasar Bharti to comply with the law, instead of unreasonably restricting the Petitioner No.1's right to uplink its TV channel signals in Ku band," the plea said.

Seeking quashing of the impugned order, the plea also prays for a direction upon the Ministry of I&B for restoration of the permission to uplink its channels on Ku Band.

Title: Zee Media Corporation Limited & Anr. v. Union of India & Anr.