Regulators

SC upholds licence cancellation of Digi Cable Network, SCOD 18 Networking

The apex court judge bench observed that security clearance is mandatory.

http://www.indiantelevision.com/sites/default/files/styles/smartcrop_800x800/public/images/tv-images/2019/01/12/traih.jpg?itok=iKFNSzAH

MUMBAI: Cancellation of licences granted to two MSOs Digi Cable Network and SCOD 18 Networking has been upheld by the Supreme Court on security ground. Before moving to apex court the petitioners had approached the Bombay High Court where their pleas challenging the cancellation order by Ministry of Information & Broadcasting (MIB) were dismissed.

Earlier, the licences issued to these cable TV service providers were cancelled by the MIB on the ground that the Ministry of Home Affairs denied issuance of "security clearance" to them.  The apex court bench comprising Justice Abhay Manohar Sapre and Justice Indu Malhotra security agreed that security clearance is a mandatory requirement as per Cable Television Network (Amendment) Rules.

The Union of India filed the copy of the reasons in a sealed cover which was made basis to deny security clearance to the appellant. Referring to the document, the bench observed that the order of cancellation was passed in conformity with the requirements of Rule 11C.

“It is clear from mere reading of the Rule 11C (1) that grant of permission is subject to issue of security clearance from the central government to the applicant... Since the grant of permission was subject to obtaining of the security clearance from the concerned ministry, the competent authority was justified in cancelling the conditional permission for want of security clearance," the court said.

The appellant also argued that they were not afforded any opportunity of hearing before cancelling the permission. They added that the order was passed without following the principle of natural justice and fair play.

“In a situation of national security, a party cannot insist for the strict observance of the principles of natural justice. In such cases, it is the duty of the court to read into and provide for statutory exclusion, if not expressly provided in the rules governing the field. Depending on the facts of the particular case, it will, however, be open to the court to satisfy itself whether there were justifiable facts, and in that regard, the court is entitled to call for the files and see whether it is a case where the interest of national security is involved. Once the State is of the stand that the issue involves national security, the court shall not disclose the reasons to the affected party,” the judgement read.

The bench also observed that the principles of natural justice were not violated in this case. The appeal has been dismissed finally as it was found to be devoid of any merit. 

Latest Reads

http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/23/TRAI-Story.jpg?itok=rJkkJk_3
Tata Sky vs TRAI: Delhi High Court adjourns matter to 28 January

DTH major Tata Sky’s ongoing legal tussle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, has been adjourned by the Delhi High Court to 28 January.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/19/MIB_2.jpg?itok=tMcbbWzx
MIB gives licences to 5 new channels

The Ministry of Information and Broadcasting (MIB) gave licenses to five new channels up until 31 December 2018. The channels are P Plus, PTunes, Living Travelz, Star Movies Kids and Star Movies Kids HD.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/17/trai_0.jpg?itok=XY9Xv2aC
TRAI asks Tata Sky to submit status report on tariff order implementation

Telecom Regulatory Authority of India (TRAI) has asked direct-to-home operator Tata Sky to file a comprehensive status report on the implementation of its new tariff regime.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/17/trai.jpg?itok=5F_RPi2d
Broadcasters to TRAI: No further regulation of OTT communication services

Major broadcasters including Star India, Sony Pictures Networks India (SPN), Times Network are clear they do not favour any further regulatory intervention on over-the-top (OTT) communication services. All three players have clearly depicted their view that OTTs should not be seen as a substitute...

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/16/mib.jpg?itok=mtjpTiXE
MIB may nod in favour of self-regulation code for online video streamers

An upswing in online streaming platforms in India has drawn attention of authority as well as stakeholders on regulation.

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/trai.jpg?itok=vFuNrC4V
Tata Sky vs. TRAI: Case, argued partly by DTH operator, adjourned to 23 January

DTH operator Tata Sky’s ongoing court battle with the TRAI and its new tariff regime, in which Bharti Telemedia-owned Airtel Digital TV and Sun Direct are a part, has been adjourned by the Delhi High Court to January 23 with arguments being inconclusive.

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/tele.jpg?itok=Ip-d1akD
MIB restricts eligibility for temporary uplinking for non-news events

In a fresh notice, the Ministry of Information and Broadcasting (MIB) has laid out a new norm for temporary uplinking applications for live coverage of non-news and current affairs TV channels. Now, only those channels and teleport operators that are already permitted by the MIB will be eligible to...

Regulators I&B Ministry
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/15/prasar.jpg?itok=ImQO_1QL
Prasar Bharati to TRAI: OTTs streaming live TV should mandatorily carry all Doordarshan channels

Public broadcaster Prasar Bharati has suggested to the Telecom Regulatory Authority of India (TRAI) that certain norms be made mandatory for OTT providers, in order to bring them on a level playing field with TV broadcasters and not just limit their comparison to telecom service providers (TSPs).

Regulators TRAI
http://www.indiantelevision.com/sites/default/files/styles/340x340/public/images/tv-images/2019/01/12/ZEEH_1.jpg?itok=XVHMEazi
Delhi HC orders Zee Hindustan to stop using Rajat Sharma's name in ads

Delhi HC has restrained Zee Hindustan from using the name of India TV editor-in-chief Rajat Sharma in any of its advertisements, stating that its latest ad campaign is prima facie illegal. It has directed the channel to remove any hoardings or ads that use Rajat’s name.

Regulators High Court

Latest News

Load More

Sign up for our Newsletter

subscribe for latest stories