DTH BANNED-After Effects

Technology Caught in the Crossfire Between Article 19 (1) and 19 (2)

For the last few months Direct-To-Home (DTH) has been the talk of the town, courtesy Rupert Murdoch & Co. led by Mr.R.Basil, a former Director General of Doordarshan. In fact it has become a kind of war between opposing parties. 

But with the government issuing a notification to temporarily ban DTH television, till the bill was passed by Parliament, Star’s dream of launching their DTH services ahead of others has been shattered at least for the time being. R.Basu had been lobbying hard with the government and he had promised Ins bosses in Hong Kong that he would be successful in getting DTH through even before the Broadcast Bill was passed. But according to some Media reports Union Information and Broadcasting Minister Mr.Jaipal Reddy had specifically conveyed to him that there was no chance of clearing DTH licences before the Broadcasting Bill was passed. 

Dubbing the present notification as draconian and direct attack on technology, Star officials said, “The whole exercise has once again proved that the main target is Star Television” 

All investments are held up because of new/ regulations, resulting in loss in the form of foreign investment.

A notification issued, on December 19, 1996, had banned the possession of equipment capable of receiving DTH services without a licence. Though groups applied for licences, the Department of Telecommunication (DOT) preferred not to issue them.This notification was, however, challenged at different courts.In fact, the Allahabad and Gwalior court had judged that the government had not put any unreasonable restrictions. Now the legal experts say that the question here the right to freedom of speech and expression under Article 19 (1) of the Indian constitution. though tins is given to all citizens, it is overidden by certain rights given to the government. Legal experts say that while the Government will tow the line that it has rights to control the contents of information that reaches people under Articles 19(2), the supporters of DTH would take recourse to Article 19(1). 

Why should the technology degradation be stranded for the passage of the Broadcast Bill? Or waiting for the court to decide the same. A Presidential ordinance can be passed and the process of licensing be activated so that revenue collection starts in the exchequer.

However, the notification has certainly affected plans of several media companies like Indian Sky Broadcasting (I Sky B), Modi Entertainment shinawatra. Hindujas and Measat. For Star which has pumped in crores, this ban on DTH has come as a jolt to their future plans. Star officials had announced in April at a press conference about its grand plans to launch DTH service. An ad blitzkrieg was launched in newspapers. But that enthusiasm did not last for too long.Those in opposition camp are led by Mr. Subhash Goyal, who has been working through a senior Doordarshan official to stall Star’s plan to take lead in DTH service. 

In fact, his ongoing tussle with his partner Star TV is being cited as one of the reasons that might have caused this sudden ban because he has been lobbying with the government with the help of some of his friends in the I & B ministry who are opposed to Mr.Basu.Although official version behind the imposition of ban is that unregulated access directly to a person’s bedroom, heart and mind has enormous implications both for national security and aspects pertaining to obscenity and pornography. 

While the Government will tow the line that it has rights to control the contents of information that reaches people under Articles 19(2), the supporters of DTH would take recourse to Article 19(1)

But behind the scene manoeuvering by some vested groups who wanted to buy time because they are not ready with their own DTH plat forms, has also something do with it.Whatever might have been the provocation, the DTH drama seems to have some interesting acts to follow, as everybody will be crossing his fingers to know what happens next? But few points need to be pondered before that.... 

The whole exercise has once again proved that the main target is Star TV

(a) Why ban on frequency? There should only be check on programme content .

(b) All investments are held up be cause of new regulations, resulting in loss in the form of foreign investment. 

(c) New technology should be increased this will develop morehightech industries in the country.

(d) Why should the technology up gradation be stranded for the passage of the Broad cast Bill? Or waiting for the court to decide the same. A Presidential ordinance can be passed and the process of licensing be activated so that revenue collection starts in the exchequer.

Source: http://cablequest.org/articles/dth/item/1422-dth-banned-after-effects.html
Source: http://cablequest.org/articles/dth/item/1422-dth-banned-after-effects.html