‘No need to bring OTTs under TRAI’s regulatory purview’
Broadcasters, streaming firms say such platforms are eectively self-regulated
Industry associations for broadcasters and streaming companies teamed up again urging to keep OTT players outside the regulatory ambit of the Telecom Regulatory Authority of India (TRAI). Indian Broadcasting and Digital Foundation and Internet and Mobile Association of India wrote to the telecom regulator arguing that there is no need to bring OTT channels under the regulatory ambit of a “broadcasting system” and thus be under TRAI’s regulation. These comments came as submissions to the consultation process for the National Broadcasting Policy that TRAI is currently in the process of drafting.
Earlier this year, when the Ministry of Information and Broadcasting sought industry comments during the drafting process of the Broadcasting Bill, both the associations had reiterated that “digital media” or OTT
Digital media is not a part of the broadcasting ecosystem and therefore, should not be covered under the proposed policy, says the broadcasters’ body
is dissimilar to linear television, and it is su ciently regulated under the Ministry of Electronics and ITas well as its self-regulatory mechanisms. Thus, it asked the MIB to keep digital media out of its regulatory purview.
Similar requests are being made at present. In its comments to the TRAI, IBDF submitted, “Digital media is not a part of the broadcasting ecosystem and therefore should not be covered under the proposed policy.”
It went on to add, “There is no evidence of market or regulatory failure that requires added policy emphasis.
Moreover, there are several distinctions between broadcasting services and OCCPs and digital media, as they make dierentiated oerings to consumers.”
IAMAI CONCERNS
IAMAI added, “Given the self-su cient existing mechanism to regulate digital media platforms, there is no requirement to bring them under the contours of “broadcasting system”. The robust self-regulatory mechanism governing OTT service providers and overseen by the MIB, has not only been eective, but also e cient in addressing and redressing grievances, ensuring optimal and reasonable compliance and creating an environment of voluntary superintendence. The benefits and advantages of self-regulation are now well known and recorded not only in India but the world over.”
IAMAI also expressed concern over TRAI’s proposal to extend licencing and compliances to digital platforms as experienced by the broadcasting industry. There is no legal or economic rationale for the same, it said.
The Ministry of Communications has been trying to bring digital companies under its ambit, through many laws and regulations. In the previous versions of the Telecom Bill, the Ministry had proposed bringing digital communications platforms under the ambit of the Ministry of Communications. The same is being done while drafting the New Broadcasting Policy for streaming companies as well.