Zeel has submitted video recordings to MIB as evidence to show that DEN is taking channels from a direct-to-home (DTH) set-top box (STB) and retransmitting them through its cable networks in an unencrypted and non-addressable mode.
Zee Entertainment Enterprises Ltd (Zeel) has complained to the Union Ministry of Information and Broadcasting (MIB) against multi-system operator DEN Networks Ltd and its affiliates for alleged violation of extant Digital Addressable Systems (DAS) regulations and breach of licence conditions.
In its complaint dated February 27, 2018, Zeel has furnished various evidences to MIB to show that DEN is supplying signals in an unencrypted and non-addressable mode in DAS notified areas, which is contrary to the licensing conditions and violation of DAS regulations. In addition, Zeel has submitted video recordings to MIB as evidence to show that DEN is taking channels from a direct-to-home (DTH) set-top box (STB) and retransmitting them through its cable networks in an unencrypted and non-addressable mode.
Zeel has stated in its letter that this amounts to piracy of channels, which is not only an offence under the Copyright Act, 1957, but also specifically prohibited under the Programme Code as provided in Cable Television Network Rules, 1994.
"Such instances of supply of signals in an unencrypted and non-addressable mode and piracy of channels are in violation of licence granted by MIB to DEN and the allegations of Zeel, if found true, may lead to cancellation of licence of DEN Network Ltd," Zeel said.
The complaint further said that the actions of DEN in transmitting the channels in an unencrypted and non-addressable mode and piracy of channels through DTH STB are not only adversely impacting the broadcasters but also causing revenue loss to the public exchequer.
According to Zeel, DEN Network seems to be in violation of Section 4A of the Cable Television Network Regulation Act, 1995 and the terms of licence conditions issued by the MIB. Zeel has also cited Rule 11(7) of the Cable Television Network Rules, 1994, to assert that for violation of the terms and conditions of the licence/registration granted by MIB, the licence of DEN is liable to be cancelled.
As per Zeel, DEN is also guilty of short-changing its customers as well as its linked operators, as it has removed all Zee and Turner channels from its monthly packages, but has not reduced the consumer prices of its packages as required under Quality of Service Regulations.
For instance, in Mumbai DEN's Supreme pack was priced at Rs 343 (inclusive of taxes) prior to packaging change in which DEN was providing 388 channels. Post change in packaging, DEN has removed 147 channels, whereas the price of the package remains same. This has caused a huge amount of angst among its consumers, who have been complaining to DEN call centre and asking for refund. DEN has been reluctant to offer the Zee channels being demanded by the consumers.
Various linked operator groups have been holding demonstrations in front of authorities regarding DEN's high-handedness over not providing Zee bouquet of channels despite charging the same amount to the consumers. In a particular case, local cable operators (LCOs) from Karnataka have also complained to the nodal officer on February 22, 2018, over supply of poor quality of STBs and sudden deliberate disconnections of television channels by DEN without notice, Zeel said.
As per Zeel, "It is unfortunate that on one hand, the government has declared successful digitisation in the entire country, while on the other even some large MSOs continue to blatantly violate DAS Regulations. Thus, this is not only a mockery of the law of the land, but also a huge detriment to the ecosystem if few MSOs continue to do piracy. Digitisation can only be implemented in the true spirit if strict actions are taken against errant operators."
Responding to allegations made against the company, S N Sharma, chief executive officer, DEN Networks, said in a statement, "We haven't received any notice and in fact, recently Broadcast Engineering Consultants India Ltd (BECIL) conducted our audit and gave us a clean chit. Because we have put Zee channels on a-la-carte, they are not happy and coming out with such frivolous cases. We follow the law of the land."
Unencrypted show
- In its complaint, Zeel has furnished various evidences to MIB to show that DEN is supplying signals in an unencrypted and non-addressable mode in DAS notified areas
- Zeel has submitted video recordings as evidence to show that DEN is taking channels from a DTH set-top box and retransmitting them through its cable networks in an unencrypted and non-addressable mode
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