Media houses appeal court’s decision on switch-off

By KURIAN MUSA

An appeal case has been filed in the appellate court seeking to allow three mainstream media houses to continue broadcasting through their analogue signals.

After a court ruling delivered by Justice David Majanja that threw out a petition seeking to halt the digital migration, a trio message was mounted on the stations that they would only be back on air after an amicable solution had been sought.

Later on, The Standard Group, Nation Media Group and Royal Media Services through Senior Counsel Paul Muite filed an application at the Appeal Court under a certificate of urgency.

Being aggrieved by the lower court’s decision to switch them off, they want a declaration that their rights have been violated and rendered meaningless if they cannot be issued with Broadcast Signal Distribution (BSD) licences and frequencies.

Before Judge Patrick Kiage, the application was certified urgent and the Registrar of the Court directed to put the case file before the President of the Court to set a three judge Bench to hear the application. “Having considered the urgency of the matter, you and members of the fourth estate are aware that one judge cannot deliberate on this matter in this level of court of justice,” said Justice Kiage in his decision.

Without licence

Muite told the judge off record that the three media houses could be fined up to Sh20 million and their journalists Sh1 million if they broadcast on the digital signal without a licence.

The media houses stated that they were exploring all options available in order to restore the motion pictures.

Through Issa Mansur, Muite’s co-counsel, an application in the appellate court seeks the court’s interpretation if an agreement signed under the ITU convention can violate the rights guaranteed under the Constitution.

They are also appealing for the protection of the intellectual property rights under the Constitution.

Among other things being sought by the media houses is a declaration that limiting the broadcast signal distribution to five licences is a violation of the freedom of establishment of the media.