The Indian ministry of information and broadcasting is reportedly considering the introduction of a new bill aimed at regulating broadcasting services, including over-the-top (OTT) apps and direct-to-home services. Although the bill is still in its early stages, it is expected to be addressed after the general elections next year. The proposed legislation will primarily focus on the regulation of OTT services involved in broadcasting, while the regulation of one-to-one or direct messaging OTTs will be covered under the Indian Telecommunications Bill.
According to sources, the bill is currently being prepared and its draft has not been made public. Additionally, broadcasting, which was previously included in the definition of communication in the telecom bill, has now been removed and will be addressed separately. The issues that the information and broadcasting ministry had with the bill have reportedly been resolved.
Furthermore, the broadcasting ministry is said to be contemplating renaming the Cable Television Networks (Regulation) Act as the Broadcasting Services Regulation Bill, in order to encompass direct-to-home (DTH) and OTT services within its purview. A draft for this purpose has supposedly been prepared as well.
It is worth mentioning that OTT platforms in India are already subject to government oversight through the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The Telecom Regulatory Authority of India (Trai) has also received multiple representations, particularly from cable operators, urging it to bring OTT platforms within its regulatory ambit to ensure a level playing field.
Traditional cable operators have expressed concerns about the growing competition posed by streaming platforms. While discussions are underway for the establishment of a single regulator for broadcasting services, Trai’s authority is limited to tariffs, while content falls under the jurisdiction of the information and broadcasting ministry, according to experts in the media and legal fields.
Recently, video-streaming platforms reached out to the government, reaffirming their commitment to responsible content creation and self-regulation in light of increased scrutiny by authorities.
The Internet and Mobile Association of India and the Indian Digital Media Industry Foundation conveyed the industry’s stance to the government on behalf of these platforms. The platforms have come under scrutiny, particularly since 2021 when Amazon Prime Video made modifications to its web series Tandav following protests.
In another development, the Cellular Operators Association of India, which represents telecom service providers, has suggested that OTTs should be obligated to provide a fair share of their revenues to the telcos responsible for delivering the content to consumers. The association highlighted that a few companies account for around 81% of global internet traffic and are mainly owned by large global corporate entities earning substantial revenues from consumers and advertisers. They argued that charging such fees would not violate the principle of net neutrality, and cited examples from markets like South Korea where OTT companies share a portion of their advertising revenue with telcos.
These discussions come amid reports that Trai is considering issuing a consultation paper on regulating OTTs.
