What are the cases and judgements in Media Law for the year 2023 that you should know about?

6 must read cases and judgements to understand the evolving legal landscape for advertising agencies, media houses, OTT platform, gaming companies, influencers, celebrities or an individual interested in the creative industry.

Non-disclosure of reasons for denial of security clearance by GoI is in violation of leading to infringement of fair hearing is violative of Articles 14 and 19 of Constitution of India

Online games of rummy and poker are ‘game of skill’, hence do not fall under the definition of “online gambling”; Madras High Court lifts ban on online games of Skill.

Measures to prevent “Review Bombing” by social media influencers from posting malicious reviews for extortion

Delhi High Court directs online content curator to ensure that the content does not cross limits of vulgarity and obscenity

Madhyamam Broadcasting Limited (“MBL”) filed a writ petition before the Hon’ble Kerala High Court challenging MIB’s revocation of permission granted to MBL for uplinking and downlinking a news and current affairs television channel ‘Media One’, and prayed for grant of an opportunity to be heard before revoking the permission.

The writ petition was dismissed by a Single Judge and the Division Bench, subsequently relying on material disclosed solely to the Hon’ble Court in a sealed cover by the Union Ministry of Home Affairs (“MHA”).

MBL filed a Special Leave Petition before the Hon’ble Supreme Court against the order of the division bench of the Hon’ble Kerala High Court.

MIB granted MBL permission to uplink 'Media One' for a period of ten years under the Policy Guidelines for Uplinking of Television Channels from India (“Uplinking Guidelines”).

MIB also issued a registration certificate for downlinking of the ‘Media One’ channel for a period of five years in accordance with the provisions of the Policy Guidelines for Downlinking of Television Channels (“Downlinking Guidelines”).

However, later, MIB issued a notice to show cause to MBL proposing to revoke the permission for uplinking and downlinking granted to ‘Media One’ and ‘Media One Life’ in view of the denial of security clearance by Ministry of Home Affairs (“MHA”).

MBL contended that security clearance is a pre- condition only for the grant of permission to operate the channel and not for the renewal of the existing permission.

Moreover, security clearance cannot be denied on grounds that exceed the reasonable restrictions on the freedom of the press prescribed under Article 19(2) of the Constitution of India.

Furthermore, refusal of security clearance must be subject to the limitations prescribed in Article 19(2) of the Constitution read with Section 4(6) of the Cable TV Act.