In the world of today, we see a constant evolution and progression in technology, specifically in the realm of telecommunications and digital platforms. One focal point of this article will be on Over-The-Top (OTT) platforms, which are internet-based services that provide access to a variety of media content, such as television shows, movies, and web-series. Key governing bodies around these issues include the Telecom Regulatory Authority of India (TRAI), Telecom Disputes Settlement Appellate Tribunal (TDSAT), and the Information Technology Rules, 2021. This article aims to provide an in-depth exploration of these entities, their role in OTT platform regulation, and the challenges faced by the government in their regulation.
Telecom Disputes Settlement Appellate Tribunal and Over-The-Top Platforms
Recently, the TDSAT proclaimed that the governing body for OTT platforms does not fall under the authority of TRAI. Instead, they are governed by the Information Technology Rules, 2021, as notified by the Ministry of Electronics and Information Technology (MeitY). The tribunal stated that OTT platforms do not require permission or a license from the central government, thus removing them from the purview of the TRAI Act, 1997. This judgment was made in response to a petition by the All India Digital Cable Federation (AIDCF) against Star India Pvt Ltd. The AIDCF protested against Star’s free streaming of World Cup games on Hotstar, asserting it violated TRAI’s regulations.
Controversy Over OTT Platform Regulation
The question of who should regulate OTT platforms resulted in a dispute between the Ministry of Communications (MoC) and MeitY. TRAI and the Department of Telecommunications (DoT), under MoC, suggested that OTT platforms should be categorized as telecommunication services and be dictated by similar rules. This led to a disagreement with the IT Ministry, as they believe OTT communication services, such as WhatsApp or Zoom, do not fall within the remit of DoT.
Regulation of Over-The-Top Platforms
OTT platforms host and stream audio and video content, which through artificial intelligence suggests user-specific content based on their previous preferences and views. Premium content is usually produced by the OTTs themselves in association with established production houses. OTT platforms are regulated under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, as notified by the Central Government.
The Information Technology Rules, 2021
The IT Rules of 2021 call for social media platforms to apply stricter control over their content. It introduces a self-regulatory structure while establishing a three-tier grievance redressal mechanism for OTT platforms. Each publisher must become part of a self-regulating body that needs to register with the Ministry of Information and Broadcasting.
About Telecom Disputes Settlement and Appellate Tribunal
TDSAT was established through an amendment in TRAI Act, 1997, to handle adjudicatory and dispute functions. This tribunal is composed of a Chairperson and two members, all appointed by the Central Government. TDSAT has jurisdiction primarily over Telecom, Broadcasting, IT, and Airport tariff matters under various acts. After the enactment of the Finance Act, 2017, TDSAT’s jurisdiction was broadened to include cases previously under the purview of the Cyber Appellate Tribunal.