Delhi High Court seeks I&B ministry's response on plea by Zee Media against removal of its 10 channels from free-to-air platform

The Delhi High Court on Thursday issued notice to Union Ministry of Information and Broadcasting (I&B) on a plea by Zee media challenging the Central government's order to remove ten of Zee's TV channels from the Ku band on the GSAT-15 satellite [Zee Media Corporation Limited & Anr v Union of India & Anr]. .A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed the government to file its response within four weeks..The matter will now be considered with a Public Interest Litigation (PIL) petition dealing with a similar issue on January 19..By being on the GSAT-15 satellite, ten of Zee’s regional channels were accessible on DD FreeDish, effectively making them free-to-air. According to the I&B Ministry, this gave Zee an unfair advantage over competitors.The ten channels ordered to have been removed are 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..In its order dated September 23, the government had said that Clause 5.1 of the up-linking guidelines allows a broadcaster to only uplink its TV channels either in the C band or in Ku band. .Zee argued that in an affidavit filed before the Delhi High Court, the government had stated that there is 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 order has been passed by the I&B ministry after being influence by Zee's competitors/business rivals, it was contended.“It is submitted that the impugned order dated 23.09.2022 incorrectly holds that Clause 5.1 of the Up-linking Guidelines requires a broadcaster to uplink its TV channels either in C band or in Ku band. In fact, as is evident from a bare perusal of the said provision, there is no specific prohibition on simultaneous uplink of TV channels in both C band and Ku band. The real reason behind the inclusion of the phrase “either in C band or Ku band” in Clause 5.1 is to indicate that a broadcaster may uplink its TV channels in C Band or Ku Band but in no other band,” the petition said..The plea further stated that the complaint on the basis of which the order was passed, was never shared with Zee, which puts them at a grave disadvantage as they are unable to “exercise their right to a free and fair hearing”.Zee added that the Ministry’s order was in violation of principles of natural justice and done without application of mind..Zee Media moves Delhi High Court against I&B Ministry order removing 10 of its channels from free-to-air platform