Zee Media moves Delhi High Court against I&B Ministry order removing 10 of its channels from free-to-air platform

Zee Media has approached the Delhi High Court challenging an order of the Union Information and Broadcasting (I&B) Ministry directing the broadcaster to remove ten of its TV channels from the Ku band on the GSAT-15 satellite [Zee Media Corporation Limited & Anr v Union of India & Anr]. .By being on the GSAT-15 satellite, these 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 only allows a broadcaster to uplink its TV channels either in the C band or in Ku band. .Zee has 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 on influence of our competitors/business rivals, Zee has said..“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 read..The plea further said 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 were unable to “exercise their right to a free and fair hearing”.Zee added that the Ministry’s order is in violation of principles of natural justice and done without application of mind..The petition was heard by Justice Yashwant Varma on Wednesday. However, the judge noted that the order passed by the Ministry emanates from the directions issued in a petition pending before the Division Bench.Therefore, Justice Varma said that it would be expedient if the same bench deals with the matter.The Court, therefore, listed the case for hearing before the same bench on October 6.