Media Gag : Kerala HC Dismisses PIL Challenging Content Regulation Powers Of Central Government

The High Court of Kerala on Wednesday dismissed a Public Interest Litigation petition which challenged the constitutional validity of powers of Centre under the of Cable Television Networks Act 1994 to impose ban on telecast of TV channels.A bench comprising Chief Justice S Manikumar and Justice Shaji P Chaly orally remarked that it was necessary to have regulatory powers. The High Court of Kerala on Wednesday dismissed a Public Interest Litigation petition which challenged the constitutional validity of powers of Centre under the of Cable Television Networks Act 1994 to impose ban on telecast of TV channels. The petitioner also challenged the constitutionality of Section 20 of the Cable Television NetworksAct,1995 and Paragraph 8.1 of the Policy Guidelines for Uplinking of Television Channels from India - which empower government to block channels. "Going by the dictum laid down by the Hon'ble Supreme Court of India in the matter of Shreya Singhal Vs Union of India and Ors it is clear that Sub Section of Section 20 of the Cable Television NetworksAct,1995 as well as Paragraph 8.1 of the Policy Guidelines for Uplinking of Television Channels from India will not withstand the test of constitutionality and would clearly curtail the freedom of speech enshrined under Article 19 of the Constitution of India", stated the petition filed through Advocates P A Mohammed Shah and Rajan Vishnuraj.