Impression Media director Nthakomwa risks being rearrested for court contempt
Managing Director of Impression Media IPTV Limited, Patridge Nthakomwa, risks being rearrested for contempt of court following the publication of a statement in which his company appears to be exonerating itself from a court case bordering on its involvement in illegal broadcasting.
Police on 14th August arrested Nthakomwa for illegal broadcasting, following an application by Malawi Communications Regulatory Authority (MACRA) at the Magistrate Court in Lilongwe.
Nthakomwa is charged with illegal broadcasting, contrary to section 187 of the Communications Act Cap 68:01 of the Laws of Malawi. He is on police bail, awaiting court proceedings.
The controversial Impression Media statement reads in part: “It is important to clarify that Impression Media is not a broadcaster, as has been alleged in the order. We are an OTT (over The top) platform, a media service offered directly to viewers via the internet. OTT bypasses cable, broadcast, and satellite television platforms.
“Impression Media is a third party stream distributor which consolidates and distributes content. We do not produce or broadcast any content from our studios because we do not own one and hence do not need any physical office to offer such”.
However, Nthakomwa is likely to be rearrested and his bail revoked for contempt of court following the publication of this statement, for it has been opined that Impression Media is seemingly trying to interfere with a court proceeding by commenting and defending itself in public over a matter the court is already competently handling.
Contempt of court refers to the following, among others: the disobedience of a court order and conduct tending to obstruct or interfere with the orderly administration of justice.
Following the closure of DStv services in Malawi, Impression Media IPTV Limited immediately came into the limelight and started advertising its services on social media platforms, saying it offers content services.
According to the adverts, customers can, among other things, buy a smart box, pay a subscription fee to Impression Media and then buy an internet bundle, which allows them to access over 1000 local and international television channels.
MACRA, in its application for a warrant of arrest for Nthakomwa, argues that Impression Media has been operating illegally since it does not have a license issued by the regulator under the Communications Act.
According to MACRA, this crime attracts imprisonment for five years.
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