In a recent interim order, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) issued a significant ruling on OTT platforms in India. The decision revolved around the jurisdiction of regulating these digital content providers and raised questions about the roles of various government bodies in overseeing this burgeoning industry.
TDSAT has clarified that OTT platforms, like Disney+ Hotstar, are not subject to the jurisdiction of the Telecom Regulatory Authority of India (TRAI). Instead, they fall under the governance of the Information Technology Rules, 2021, overseen by the IT Ministry.
This decision came in response to a plea by the All India Digital Cable Federation (AIDCF), which argued that offering free streaming of cricket matches on OTT platforms is unfair to the cable TV industry, which pays broadcasters to distribute and showcase these matches.
Ultimately, the TDSAT ruled in favor of Star India Pvt Ltd, permitting them to continue offering free streaming of cricket matches, including the ICC Men’s Cricket World Cup, on their Disney+ Hotstar streaming platform.
TDSAT’s rejection of AIDCF’s plea has broader implications in the ongoing debate over the regulation of OTT services. At the heart of the matter is the clash between the Telecom Regulatory Authority of India (TRAI) and the Ministry of Electronics and Information Technology (MeitY) over who should oversee these platforms.
The Department of Telecommunications (DoT), under the Union Ministry of Communications, had proposed a draft telecom Bill classifying OTT platforms as telecommunications services and seeking to regulate them like telecom operators. TRAI, on the other hand, issued a consultation paper on regulating OTT platforms. This difference in approach has led to a contentious disagreement between two key government bodies.
The TDSAT ruling is just one piece of a complex puzzle. The debate over who should regulate OTT services continues.