The focal point of discussion in this 2023 draft bill revolves around the application of OTT services and the definition of what constitutes an OTT service.
Background:
The Cable Television Networks (Regulation) Act of 1995, which has governed linear broadcasting for the past three decades, is no longer fully equipped to address the evolving landscape of broadcasting.
Key Clauses Proposed in the Draft Bill:
Clause 2(f): Broadcasting
This pertains to the one-to-many transmission of audio, visual, or audio-visual programs through a broadcasting network for public or subscriber viewing.
Clause 2(g): Broadcasting Network
It defines a system used for program transmission, encompassing cable, satellite, internet, radio, and terrestrial broadcasting networks.
Clause 2(h): Broadcasting Network Operator
This includes various operators such as Local Cable Operator, Multi-System Operator, DTH operator, and others.
Clause 2(i): Broadcaster
Refers to a person providing programming services with registration for uplinking or downlinking of programs.
Clause 2(q): Internet Broadcasting Network
Defines a system for delivering broadcasting services and programs over the internet, including IPTV and OTT broadcasting services.
Understanding OTT Services in the Draft Bill:
Definition:
An OTT broadcasting service in India is a platform offering on-demand or live content over the internet to subscribers.
Included Services:
This encompasses a curated catalog of owned, licensed, or contracted programs accessible through non-closed networks, potentially requiring additional hardware like set-top-boxes.
Excluded Services:
Social media intermediaries, users, or entities specified by the Central Government are exempted.
Responsibility for Compliance:
The content operator, not the network or internet service provider, is responsible for compliance, ensuring clarity in the regulatory framework.
Penalties:
Penalties for contravention range from up to twenty thousand rupees for the first offense to up to one lakh rupees for subsequent violations.
Conclusion:
As the Ministry seeks feedback on the draft bill, stakeholders are urged to engage in constructive dialogue to refine the regulatory framework. Balancing innovation and accountability is crucial in accommodating the emergence of new broadcasting platforms.