#TRAI broadcasting framework

[insightfultake]

A New Era for Radio Broadcasting in India

Radio has long been the voice of the people, carrying melodies, news, and urgent updates across the country. However, with the rise of digital streaming platforms, traditional radio has struggled to keep pace. Recognizing this shift, the Telecom Regulatory Authority of India (TRAI) has introduced groundbreaking recommendations that could transform the industry. These changes aim to modernize radio broadcasting by allowing concurrent online streaming, revising content regulations, and expanding the reach of private FM stations.

One of the most significant proposals is the authorization for radio broadcasters to simultaneously stream their content online. This means that your favorite radio shows, once confined to FM frequencies, will now be accessible on digital platforms in real-time. However, this digital expansion will maintain the essence of live radio—without user-controlled playback, downloads, or replays. By preserving the spontaneity of traditional broadcasts while broadening access, TRAI is offering radio a crucial bridge into the digital age.

[circuitcardassembly]

How Printed Circuit Board Assembly (PCBA) Differs from Circuit Card Assembly (CCA)?

In the electronics industry, words like PCBA and circuit card Assembly (CCA) are often used. Despite their equality, however, there is a significant difference in references, applications and scope of these words. Understanding the difference between PCBA and CCA is crucial for experts working on electronic systems for engineers, designers and buying experts.

Understanding of printed circuit board Assembly (PCBA)

The Printed Circuit Board Assembly (PCBA) refers to the process where electronic components are mixed on a bare PCB to create a completely functional tray. This includes growing active and passive components such as resistance, capacitor, integrated circuit (ICS), contacts and more. The PCBA process includes a combination of Surface Mount Technology (SMT), through-Hole Technology (THT) or both. Following the assembly, the board reviews test processes such as Automated Optical Inspection (AOI), in-Circuit Test (ICT) and functional testing to ensure quality and reliability.

Typically, PCBA is utilized to portray both the manufacturing handle and the coming about board. It centres particularly on the populated board itself and not the total framework in which it will inevitably operate.

What is Circuit Card Assembly (CCA)?

Circuit Card Assembly (CCA) is a broader term that can allude to a completed electronic Assembly that may incorporate not as it were the populated board but too connectors, protecting, mechanical latches, and now and then lodging components. The term CCA is regularly utilized in businesses like aviation, defense, and broadcast communications where complex electronic modules are built as portion of bigger systems.

A Circuit Card Assembly may comprise of one or more PCBAs mounted inside a chassis or case, total with wiring, warm administration components, and extra mechanical bolsters. It is a more all encompassing term that goes past the uncovered board to incorporate extra parts essential for sending in real-world environments.

Key Contrasts Between PCBA and CCA

1. Scope:

• PCBA refers specifically to the assembled circuit board with electronic components.

• CCA encompasses the entire assembly that includes the PCBA along with mechanical and structural elements.

2. Usage Context:

• PCBA is commonly utilized in customer hardware, car, and common gadgets manufacturing.

• CCA is predominant in exceedingly controlled divisions like aviation and military, where point by point system-level congregations are essential.

3. Complexity:

• A PCBA is typically a subcomponent within a larger device.

• A CCA may represent a standalone module ready for integration into larger systems.

4. Terminology Origin:

• PCBA is more commonly used in commercial and industrial electronics manufacturing terminology.

• CCA stems from military and aerospace documentation and procurement language.

Conclusion

While Printed Circuit Board Assembly and Circuit Card Assembly may show up comparative at to begin with look, they serve distinctive parts in the lifecycle of an electronic item. PCBA centres on the prepare of populating a circuit board, while CCA covers a more comprehensive electronic module. Recognizing the contrasts between PCBA and CCA guarantees superior communication, clearer documentation, and more successful extend arranging over designing and manufacturing groups.

[divyanshlegalarena]

India's Telecom Regulatory Authority (TRAI) published a consultation paper on "Conditional Access System (CAS) TechnicalCompliance Framework and Subscriber Management Systems (SMS) for broadcast and cable services" on 22 April 2020.

[legalupanishad]

Airtel-Jio clash over free IPL streaming: Facts and Laws

This article on 'Airtel-Jio clash over free IPL streaming: Facts and Laws' was written by an intern at Legal Upanishad.

Introduction:

The Indian Premier League (IPL) is one of the biggest sporting events in India, and cricket fans eagerly await its arrival each year. With the pandemic forcing people to stay indoors, streaming services have become the go-to platform for many sports fans. This year, the clash between Airtel and Jio over free IPL streaming has gained considerable attention. In this article, we will discuss the facts and laws that are relevant to this issue.

Background:

In March 2021, the Board of Control for Cricket in India (BCCI) announced that Disney+Hotstar would be the official digital streaming partner for the IPL. Jio, one of the biggest telecom companies in India, offered free IPL streaming to its customers, a move that was quickly followed by Airtel. However, Jio alleged that Airtel had copied its marketing strategy and filed a complaint with the Advertising Standards Council of India (ASCI).

Facts:

The crux of the matter is whether Airtel copied Jio's marketing strategy of offering free IPL streaming to its customers. According to reports, Jio had filed a complaint with ASCI alleging that Airtel's claim of "free live streaming of IPL" was misleading and amounted to plagiarism of its own marketing campaign. Jio argued that it had exclusive rights to offer free IPL streaming, and Airtel was misleading its customers. Airtel, on the other hand, argued that it had the right to offer free IPL streaming to its customers, as it had entered into a partnership with Disney+Hotstar, the official streaming partner of the IPL. Airtel argued that it was offering free streaming to its customers as a value-added service, and there was no copying of Jio's marketing campaign.

Laws:

The issue raises questions about the legality of offering free IPL streaming. According to the Copyright Act, of 1957, the exclusive right to broadcast the IPL lies with the official broadcaster, in this case, Disney+Hotstar. Any unauthorized streaming or broadcasting of the event can lead to legal action. However, telecom companies like Jio and Airtel can enter into partnerships with Disney+Hotstar to offer streaming services to their customers as a value-added service.

Overview of Airtel and Jio's free IPL streaming services:

Airtel's service, known as Airtel TV, offered free streaming of IPL matches to its subscribers through its mobile app. Jio's service, known as Jio TV, also provided free streaming of IPL matches to its subscribers through its mobile app.

Airtel's allegations against Jio:

Airtel alleged that Jio was engaging in unfair competition by providing its IPL streaming service for free, while Airtel had to pay significant amounts for the rights to stream the matches. Airtel argued that Jio was using its financial resources to gain an unfair advantage in the market, which was detrimental to the interests of other telecom companies.

Jio's response to the allegations:

Jio denied the allegations and argued that its service was not a violation of any laws or regulations. Jio argued that its service was aimed at providing value to its subscribers and that it was not engaged in any anti-competitive behaviour. Jio also pointed out that Airtel itself had launched a similar service in the past and had offered free streaming of cricket matches during the 2015 World Cup. Jio claimed that Airtel's allegations were nothing but an attempt to stifle competition in the market.

Legal Framework:

The legal framework that governs the telecom industry in India is primarily based on the Telecom Regulatory Authority of India (TRAI) Act, 1997. TRAI is the regulatory body that oversees the functioning of the telecom industry in India. The TRAI Act empowers TRAI to regulate tariffs and the quality of service of telecom services, among other things. Copyright Law in India: The Copyright Act, of 1957, governs copyright law in India. Under this Act, copyright owners have the exclusive right to reproduce, distribute, and display their copyrighted works. The Act also provides for criminal and civil remedies for copyright infringement. Telecommunications Laws in India: The telecommunications laws in India are primarily governed by the Indian Telegraph Act, of 1885, and the TRAI Act, of 1997. These laws provide for the establishment, maintenance, and operation of telegraphs and telecommunications services in India. Net Neutrality Regulations in India: In 2015, the TRAI introduced net neutrality regulations in India. These regulations prohibit telecom companies from discriminating against any content or services on the internet. This means that all internet traffic should be treated equally, without any discrimination or preference. In the case of the Airtel-Jio clashes over free IPL streaming, the net neutrality regulations are relevant. Both Airtel and Jio are offering free IPL streaming to their customers. However, Airtel's free streaming is limited to its own network, while Jio's free streaming is available to all customers, regardless of their network. This has led to allegations of violation of net neutrality regulations against Airtel.

Airtel-Jio clash over free IPL streaming: Facts and Laws

Analysis of the Case:

Airtel filed a complaint against Jio, alleging that the latter was broadcasting the IPL tournament on its platform without obtaining the necessary rights from the content owners. Airtel argued that Jio's free IPL streaming service was harming the industry's revenue, which was reliant on broadcasting rights. Examination of Airtel's Allegations Against Jio Under Copyright Law Airtel's allegations against Jio under copyright law were based on the principle of copyright infringement. A copyright owner has the exclusive right to reproduce, distribute, and display their work. By broadcasting the IPL tournament without obtaining the necessary rights from the content owners, Jio could be infringing on the copyright owner's rights. Analysis of Jio's Response Under Telecommunications Law Jio, in its response, argued that it was providing its customers with access to the IPL tournament under the principles of net neutrality. The telecom operator claimed that its customers had the right to access any content on the internet, and Jio was merely providing access to that content. Evaluation of the Impact of Net Neutrality Regulations on the Case Net neutrality regulations prohibit internet service providers (ISPs) from discriminating against certain types of traffic or content. The regulations require ISPs to treat all traffic and content equally, without favouring or discriminating against any particular content. In the case of Airtel-Jio, Jio's argument for providing its customers with access to the IPL tournament under the principles of net neutrality raised questions about the impact of net neutrality regulations on the case.

Case Laws:

Copyright Infringement: In the case of Tips Industries Ltd. v. Wynk Music Ltd. (2018), the Delhi High Court ruled that music streaming services must obtain a license from the copyright owner before streaming copyrighted content. Telecommunications Disputes: In the case of Reliance Jio Infocomm Ltd. v. Telecom Regulatory Authority of India (2017), the Supreme Court ruled that telecom service providers could not charge differential tariffs for data services based on the content being accessed. Net Neutrality: In the case of Internet and Mobile Association of India v. Telecom Regulatory Authority of India (2016), the Delhi High Court upheld the TRAI's Prohibition of Discriminatory Tariffs for Data Services Regulations, 2016, which prohibits differential tariffs for data services based on the content being accessed.

Conclusion:

The Airtel-Jio clash over free IPL streaming highlights the importance of copyright laws, telecommunications regulations, and net neutrality in India. Companies providing streaming services must ensure that they have the necessary licenses and permissions to stream copyrighted content and must comply with regulations related to tariffs and quality of service. The TDSAT's decision on this case will have significant implications for the telecom industry and for net neutrality in India.

List of References:

- Ayushi Kar, Airtel-Jio clash on regulation of content distribution through broadband, The Hindu, 9 April 2023, available at: https://www.thehindubusinessline.com/info-tech/airtel-jio-clash-on-regulation-of-content-distribution-through-broadband/article66717806.ece - JioCinema’s Free IPL stream: Airtel doing proxy fight for Disney by moving TRAI?, MN4U, 12 April 2023, available at: https://www.medianews4u.com/jiocinemas-free-ipl-stream-airtel-doing-proxy-fight-for-disney-by-moving-trai/ - Vivek Rana, Jio and Airtel clash over streaming of live TV channels, matter reaches TRAI, Gearrice, 15 April 2023, available at: https://www.gearrice.com/update/jio-and-airtel-clash-over-streaming-of-live-tv-channels-matter-reaches-trai/ Read the full article

[dailyanjal]

Amendments To Tariffs For Cable Services More Consumer-Friendly: TRAI New Delhi: Amendments to the new regulatory framework for cable and broadcasting services were aimed at providing freedom to broadcasters or distribution platform operators (DPOs) to price their services while also ensuring a consumer-friendly regime.

[sharmaheena850]

New TV channel pricing: Trai mandates provision of 200 channels at Rs 153

The Telecom Regulatory Authority of India (Trai) has released amendments to the New Tariff Order (NTO), in which it has directed cable operators to provide 200 channels for Rs 153. It has also reviewed the pricing of channel bouquets compared to a la carte ones.

The regulator has now set January 15 as the deadline for broadcasters to announce their new pricing structure.

At present, direct-to-home (DTH) or cable TV operators provide only 100 channels for a network capacity fee (NCF) levy of Rs 153 (Rs 130 excluding taxes).

Analysts say this move is likely to lower the average revenue per user (ARPU) for TV operators. It had surged close to 60 per cent, on an average, after the NTO took effect. This would mean a lower share of revenue for broadcasters, who used to get almost 50 per cent share after the NTO came into being in February last year. Trai said it has analysed the comments of stakeholders, particularly to protect the interests of consumers, and has accordingly modified certain provisions of the new regulatory framework.

According to the NTO that was released last year, consumers were given the option to pay only for the channels that they chose to watch, at the maximum retail price (MRP). Read More

[bigyack-com]

Cabinet Approves Personal Data Protection Bill, to Be Introduced in Parliament This Session

The government on Wednesday approved the Personal Data Protection Bill that will spell out a framework for handling of personal data including its processing by public and private entities. The decision was taken at a Cabinet meeting headed by Prime Minister Narendra Modi. Information and Broadcasting Minister Prakash Javadekar said the Bill will be introduced in Parliament during the current Winter Session. The Bill is likely to contain broad guidelines on collection, storage, and processing of personal data, consent of individuals, penalties and compensation, code of conduct and an enforcement model. Last week, IT minister Ravi Shankar Prasad said the government will soon introduce a robust and balanced Personal Data Protection Bill in Parliament, adding that India will never compromise on data sovereignty. Developing story, check back for more. For the latest tech news and reviews, follow Gadgets 360 on Twitter, Facebook, and subscribe to our YouTube channel.

Jio, Airtel, Vodafone Idea Seek Floor Price for Data Tariffs, COAI Letter to TRAI Reveals Google Play's Best of 2019 Awards: Here Are the Winners

Read the full article

[magzoso-tech]

New Post has been published on https://magzoso.com/tech/cabinet-approves-personal-data-protection-bill-to-be-introduced-in-parliament-this-session/

Cabinet Approves Personal Data Protection Bill, to Be Introduced in Parliament This Session

The government on Wednesday approved the Personal Data Protection Bill that will spell out a framework for handling of personal data including its processing by public and private entities. The decision was taken at a Cabinet meeting headed by Prime Minister Narendra Modi.

Information and Broadcasting Minister Prakash Javadekar said the Bill will be introduced in Parliament during the current Winter Session.

The Bill is likely to contain broad guidelines on collection, storage, and processing of personal data, consent of individuals, penalties and compensation, code of conduct and an enforcement model.

Last week, IT minister Ravi Shankar Prasad said the government will soon introduce a robust and balanced Personal Data Protection Bill in Parliament, adding that India will never compromise on data sovereignty.

Developing story, check back for more.

For the latest tech news and reviews, follow Gadgets 360 on Twitter, Facebook, and subscribe to our YouTube channel.

Jio, Airtel, Vodafone Idea Seek Floor Price for Data Tariffs, COAI Letter to TRAI Reveals

Google Play’s Best of 2019 Awards: Here Are the Winners

[prakask]

Tata Sky Removes Lock-in Period on All Channels and Channel Packs, Viewers Can Now Drop Channels Freely

The new pricing framework introduced by the Telecom Regulatory Authority of India (Trai) sought to bring transparency into the broadcasting and TV industry. After the introduction of the new tariff regime, although a lot of subscribers complained about rising monthly rentals for their TV subscriptions, others were more accepting towards the new system as it brought fair pricing. However, some operators had introduced rules hindering the essence of the new tariff regime. Firstly we saw, Dish TV add a lock-in period on its channel packs and a-la-carte channels, and then slowly Tata Sky followed in its footsteps. However, the subscribers did not like this move since a lock-in period meant that they would not be able to opt out of a channel before the set time, thus curbing their flexibility of choosing channels. After a lot of reluctance from the subscribers, it seems that Tata Sky has done away with the lock-in period looking at the public sentiment. Tata Sky Lock-in Period Only for Tata Sky Services As per this new information, which we also personally verified, Tata Sky has officially removed the lock-in period on all of its channels and channel packs. Even in A-la-carte channels, the subscribers would be freely able to add and drop channels without worrying about the lock-in period. Similarly, the curated packs, add-ons, broadcaster packs will not come with any lock-in period. But, it is also worth noting that Tata Sky has said that the one day lock-in period policy will remain in place for Tata Sky Services like Tata Sky Fitness and others. We verified the news and found that the lock-in period won’t be levied on any channel or channel packs except the Tata Sky Services, where Tata Sky Bollywood will come with 30-days lock-in period whereas other Tata Sky services will come with a single day lock-in period. With this new policy in place, users can be sure that they won’t be billed for a channel in case they subscribe to it for a day and then remove it from their subscription. Dish TV Lock-in Period and Tata Sky Smart Packs It is worth noting that during the first week of April, Dish TV had first announced the introduction of the lock-in period for the channels. However, a lot of viewers had expressed their views saying that such a rule would be a hindrance to the new framework. But then, only a few days back on April 23, Dish TV also did away with the lock-in period for its channels and channel packs. A few of the DTH service providers had also introduced lock-in period for the sports channels given the cricket season. Recently, Tata Sky has also added a bunch of Smart Packs for its subscribers like the Hindi Smart plan of Rs 249, Punjabi Smart plan for Rs 249, Gujarati Smart plan of Rs 249 and more. Further, to maintain its stronghold in the market, the provider is also currently running a referral scheme for its subscribers, where they would be able to earn Rs 300 per successful referral. Read the full article

[starindiamarket-blog]

Stocks Market Corner

Stocks Corner

Indiabulls Ventures Q4 Company’s net profit nearly doubled to Rs 109.8 crore in March quarter, against Rs 54.9 crore in same period last year. Revenue from operations jumped 55.4 percent to Rs 600 crore during the quarter YoY.

STOCK NEWS CORNER UPDATES

Telecom regulator TRAI has directed Dish TV India to comply with the provisions of the new framework for broadcasting and cable TV…

[toldnews-blog]

New Post has been published on https://toldnews.com/hindi/%e0%a4%95%e0%a4%b8%e0%a5%8d%e2%80%8d%e0%a4%9f%e0%a4%ae%e0%a4%b0-%e0%a4%95%e0%a5%8b-%e0%a4%97%e0%a5%81%e0%a4%ae%e0%a4%b0%e0%a4%be%e0%a4%b9-%e0%a4%95%e0%a4%b0-%e0%a4%b0%e0%a4%b9%e0%a4%be-%e0%a4%9f/

कस्‍टमर को गुमराह कर रहा टाटा स्‍काई! TRAI ने मांगी रिपोर्ट - Trai directs tatasky file status report implementation new tariff regime tut

अगर आप DTH ऑपरेटर टाटा स्‍काई के कस्‍टमर हैं तो आपके लिए यह खबर बेहद जरूरी है. दरअसल,  टाटा स्‍काई पर अपने कस्‍टमर्स को गुमराह करने के आरोप लगे हैं. इस शिकायत के बाद भारतीय दूरसंचार नियामक प्राधिकरण (ट्राई) ने टाटा स्‍काई से स्‍टेटस रिपोर्ट भी मांगी है. बता दें कि ट्राई ने कस्‍टमर्स को नई नियामक व्यवस्था के तहत चैनल चुनने के लिए 31 जनवरी तक का समय दिया है.नए नियमों के तहत दर्शक सिर्फ उन चैनलों का चयन कर सकते हैं और भुगतान कर सकते हैं जो वे देखना चाहते हैं.

न्‍यूज एजेंसी पीटीआई के मुताबिक ट्राई ने टाटा स्काई को पत्र लिखा है. इस पत्र में कहा गया है- कस्‍टमर्स से बड़ी संख्या में शिकायतें मिली हैं कि कंपनी ने नई नियामकीय रूपरेखा के तहत अपनी प्रणाली में कस्‍टमर्स को विकल्प का प्रावधान नहीं किया है. इसके अलावा कस्‍टमर्स को टाटा स्काई के ग्राहक सेवा केंद्र भी गुमराह कर रहे हैं. इन केंद्रों पर कहा जा रहा है कि ट्राई ने नई नियामकीय व्यवस्था के क्रियान्वयन की तारीख बढ़ा दी है. ट्राई ने कहा कि यह सूचना पूरी तरह गलत है. ट्राई के मुताबिक उसने कस्‍टमर्स को टीवी चैनल चुनने के लिए 31 जनवरी, 2019 तक का समय दिया है. जानकारी के लिए बता दें कि यह नए नियम 29 दिसंबर से लागू होने वाले थे लेकिन प्रसारकों और डीटीएच ऑपरेटर्स के अनुरोध के बाद ट्राई ने इसे 31 जनवरी तक बढ़ाने का फैसला किया.

क्‍या है नया नियम

ट्राई के नए नियम के तहत कस्‍टमर अपने डीटीएच ऑपरेट को सिर्फ उतना ही पैसा देंगे जितने चैनल देखना चाहते हैं. अभी तक ये होता रहा है कि कस्‍टमर 250 से 300 रुपये तक के मासिक प्‍लान रिचार्ज कराते थे. इस मासिक प्‍लान में आपकी पसंद के चैनल तो होते थे लेकिन वो चैनल भी होते थे जिन्‍हें कस्‍टमर कभी देखते नहीं थे.  वहीं कस्‍टमर को अपने कई पसंदीदा चैनल देखने के लिए अतिरिक्‍त कीमत चुकानी पड़ती है.  यानि ट्राई के नए नियम लागू होने के ��ाद कस्‍टमर पर डीटीएच ऑपरेटर चैनल नहीं थोप सकेंगे. आसान भाषा में समझें तो यूजर्स को उन्हीं चैनल के लिए भुगतान करना होगा, जिन्हें वो देखना चाहते हैं. ट्राई के इस नए नियम के तहत डीटीएच ऑपरेटर को सभी चैनल अलग- अलग या किसी एक बुके में देने होंगे. इसके साथ ही यूजर को टीवी स्क्रीन पर प्रत्येक चैनल की कीमत भी बताई जाएगी. 

Press Release on Implementation of New Regulatory Framework for Broadcasting & Cable Serviceshttps://t.co/2Xxw5gu0no

— TRAI (@TRAI) January 8, 2019

ट्राई की नई व्‍यवस्‍था के तहत कस्‍टमर को सेवाओं का इस्तेमाल करने के लिए एक नेटवर्क क्षमता शुल्क 130 रुपये + जीएसटी देना होगा. यह कस्‍टमर को दिए जाने वाले 100 चैनलों का शुल्क है. इन 100 चैनल में टीवी ऑपरेटर्स को प्रसार भारती के 24 चैनल्स को अनिवार्य रूप से रखना होगा. वहीं अगर कोई कस्‍टमर 100 से अधिक चैनल सब्सक्राइव करना चाहता है तो उसे 20 से 25 रुपये प्रति चैनल एक्‍सट्रा चार्ज के रूप में भुगतान करने होंगे.

पाएं आजतक की ताज़ा खबरें! news लिखकर 52424 पर SMS करें. एयरटेल, वोडाफ़ोन और आइडिया यूज़र्स. शर्तें लागू

आजतक के नए ऐप से अपने फोन पर पाएं रियल टाइम अलर्ट और सभी खबरें. डाउनलोड करें

amazing)

[appinsta]

TRAI directs TataSky to file a status report over implementation of new tariff regime

TRAI's framework allows consumers to select and pay only for the channels they wish to view and requires TV broadcasters to disclose MRP of channels individually. from Gadgets Now http://bit.ly/2HgPDa6 via app promotion from Blogger http://bit.ly/2FxPgGy https://ift.tt/eA8V8J

[doonitedin]

TRAI: New technical framework for cable services

TRAI: New technical framework for cable services

TRAI releases new technical framework for broadcasting and cable services  The Telecom Regulatory Authority of India (TRAI) on Friday released an amendment to interconnection regulations of 2017 which provides for a framework for technical compliance of conditional access system (CAS) and subscriber management system (SMS) for the broadcasting and cable sector.      “The framework is incorporated…

[techminsolutions]

TRAI releases new technical framework for broadcasting and cable services

TRAI releases new technical framework for broadcasting and cable services

The Telecom Regulatory Authority of India (TRAI) on Friday released an amendment to interconnection regulations of 2017 which provides for a framework for technical compliance of conditional access system (CAS) and subscriber management system (SMS) for the broadcasting and cable sector. The framework is incorporated as schedule IX in the Interconnection Regulations, 2017. The operationalisation…

[newsreporters24]

TRAI releases new technical framework for broadcasting and cable services

TRAI releases new technical framework for broadcasting and cable services

छवि स्रोत: पीटीआई ट्राई ने प्रसारण और केबल सेवाओं के लिए नया तकनीकी ढांचा जारी किया भारतीय दूरसंचार नियामक प्राधिकरण (ट्राई) ने शुक्रवार को 2017 के इंटरकनेक्शन नियमों में एक संशोधन जारी किया जो प्रसारण और केबल क्षेत्र के लिए सशर्त एक्सेस सिस्टम (सीएएस) और ग्राहक प्रबंधन प्रणाली (एसएमएस) के तकनीकी अनुपालन के लिए एक रूपरेखा प्रदान करता है। “ढांचे को इंटरकनेक्शन विनियम, 2017 में अनुसूची IX के रूप…

[marymosley]

Certification and Censorship in OTT platforms

“An entrepreneur searches for change, responds to the change and exploits opportunities. Innovation is a very specific tool of an entrepreneur hence an effective entrepreneur converts a source into a resource.”

                    -PETER DRUCKER

  INTRODUCTION

An OTT or Over The Top media service is a direct streaming service, which basically delivers audio and video streaming content through the internet without subscribing to a traditional satellite services provider. There are three types of OTT – Communications, Video content, and Application ecosystem. Two broad categories of OTT services are communication and non-communication. Some of the most popular OTT video streaming video platforms include Hotstar, Netflix, Amazon Prime Video, Hulu, Zee5, Voot etc. and audio streaming services include apple music, Spotify etc.

HISTORY AND GROWTH OF OTT IN INDIA

It is known to everyone that the primary source of entertainment in the Indian household was the Television. The entire family’s recreation was based on Television and which was restricted to either daily soaps, sports or news. But the scenario has changed to a very large extent and the digital content is growing in the country. In the last few months, there has been a paradigm shift in the OTT market resulting in changes in daily entertainment consumption pattern in India. The popularity of OTT platforms is not only restricted to urban areas but has become very popular in the rural areas as well.

The first dependent Indian OTT platform was Bigflix which was launched in 2008 by Reliance entertainment. In India, significant momentum was gained by OTT when Ditto TV and Sony Liv were launched in the Indian market around 2013. Hotstar, owned by Star India is the most subscribed to OTT platform in India, as of July 2020 with around 300 million active users and over 350 million downloads. The Indian OTT space is populated by many players. In 2018, the OTT was valued at ₹21.5B. The video OTT revenue in India was ₹2,019 Cr. in 2017. It is expected to reach ₹5,955 Cr. by 2022.[1] It is also reported that the Indian OTT market will soon outperform the global OTT market and will probably be ranked among the top 10 by 2022.

The factors that have helped in this growth and success of OTT platforms are pricing of these platforms and internet access to people, even staying in rural and remote areas. These factors have helped a lot in the popularity of the OTT platforms.

Although the negative repercussions going on because of the ongoing lock down amid the corona virus pandemic cannot be ignored but it has been a blessing in disguise for some. OTT platforms have benefited a lot from the current situation going on in India. There has been a surge of 80% in the subscriber bases of OTT platforms amid the lock down.[2]

REGULATIONS APPLICABLE ON OTT PLATFORMS

The rapid growth of OTT services has raised a number of national policy issues relating to regulatory imbalances and security concerns that need to be addressed. The regulatory imbalances need examination at various levels by the government. The OTT operators are adopting voluntary codes of self-regulation with respect to the content shown on their platforms. Code of best practices was signed by some of the famous OTT platforms in the country namely Hotstar, Netflix, ALT Balaji along with other in the year 2019. The major objective of this code is to empower consumers to make informed choices on age appropriate content and also protect the consumers’ interests in choosing and accessing the content they like as per their own time and convenience.

It is known to everyone that films in the country are required to follow certain certification rules and television programs’ broadcasters must adhere to the Program and Advertising code, on the other hand the producers of web series, films and other various content released only online or on digital platforms are free from the struggle of censorship or any code, which are subject to provisions of Information Technology Act, 2000 since a very long time. This was confirmed by the Ministry of Information and Broadcasting when a query was filed under RTI Act, 2005 where it was confirmed that the Central Board of Film Certification has no control over online content but solely certifies movies for theatrical release.[3]

CONTENT BASED REGULATION

According to sections 67A, 67B, and 67C of IT Act provides a penalty and imprisonment for publishing or transmitting obscene material, sexually explicit material or material showing children in sexually explicit acts, in electronic form. The Central Government has the power to issue directions to block public access of any information, if found objectionable as per section 69A of the IT Act. It was also seen in 2015, when the Department of Telecommunications directed intermediaries to disable around 800 websites containing pornographic material, however it was later clarified that only websites having child pornographic content is to be disabled by the intermediaries and not the others. The framework and provisions under the Intermediary Guidelines which were laid by the Department of Electronics and Information Technology to observe the information hosted on any computer of intermediary is also applicable on OTT platforms, which qualifies as intermediaries under the IT Act.

  Furthermore, the provisions of the Indian Penal Code, 1860 are also applicable to the OTT platforms. For example, OTT platforms are subject to section 295A of the IPC which criminalizes deliberate and malicious acts intended to outrage religious feelings.

Recently, there also have been suggestions to include online content explicitly within the ambit of the Indecent Representation of Women (Prohibition) Act, 1986 to prohibit the indecent representation of women in various books, films, advertisements etc.

NEED TO REGULATE OTT PLATFORM

Until present time, it generally appears that online content is unbridled and the creators of the content are exercising their liberties to the fullest. However, it is not correct to conclude that the OTT platforms are free from censorship or absolutely unregulated just because there is no set of rules and guidelines to focus upon the manner of censorship or certification of the online content or certain rules highlighting the do’s and don’ts for the creators of online content.

A Consultation paper was published by the Telecom Regulatory Authority of India (TRAI) on November 2018 to regulate framework for OTT platforms in the country. The Consultation paper mainly focussed on the analysis of the growth of OTT platforms, to keep a check on the relationship between TSP and OTT players and also to maintain a rigid framework to be followed to regulate OTT platforms. This Consultation paper was considered important because of imbalances between TSP and OTT service providers, especially when the use of OTT platforms took a surge and its popularity increased to a very great extent.

SOCIOLOGICAL FACTORS AFFECTING CONTENT REGULATION ON INTERNET MEDIUMS

The arrival of Web 2.0 has revolutionized India in many ways. The reception of information through the digital medium has expanded manifold in recent years. The Internet is seen as a new liberation force driving ideas, thoughts and content across border and societies. It has led to the emergence of new actors and allowed consumers to be charge of selecting the content they want to receive and view. The internet has revolutionized the means of communication and exchange of information. It has brought to the forefront a new medium of expression.

User-generated content has proliferated across online video portals. Internet Protocol Television (IPTV) and OTT services fundamentally changed the broadcasting sector. The Internet has brought about a new wave of content, providing consumers with the freedom to choose the time and space for the reception of the content. Video streaming services create a more engaging environment. But the shift from cable television to OTT services has forced regulators to think about the patterns of regulation that most fit this new form of broadcasting.

OTT services do not have one universally accepted definition. The Internet Telecommunication Union (ITU) defines OTT service as an “internet application that may substitute or supplement traditional telecommunication services, from voice calls and text messaging to video and broadcast services.” [4]The Indian communications regulator, Telecom Regulatory Authority of India (TRAI), also borrows the same definition as mentioned above.

The Indian government and other regulatory bodies have not tried to adjust policies to the change in technologies. The debate in India about digital content regulation has varied between calls for state censorship and self-regulation.[5] The dilemma that authorities have been faced with is whether to subject the OTT media platforms to broadcast or films policies or to include it in the larger internet regulation frameworks.

  RECENT ISSUES AND REGULATIONS ON OTT PLATFORMS

Recently, Commerce and Industry Minister Piyush Goyal asked the entertainment industry to self – regulate their programmes on OTT platforms as they portray India poorly.[6] His statement is significant, the reason being that the government’s proposal of an institutional self-regulatory model, just like conventional media, which was rejected by most of the OTT platforms.

The Information and Broadcasting (I&B) Ministry has just recently proposed bringing under its purview the contents being streamed on the several OTT platforms as said by a top official of the ministry.[7] It was said that the regulation regimes have developed a lot but popular platform like OTT is unregulated by such regime and also has no regulations over it. Since the usage of OTT platforms have witnessed a huge increase in their subscription amid the lock-down, therefore it important for them to be regulated under the regimes.

Apart from this, last year, Chief Minister of Bihar, Nitish Kumar, wrote a letter to the Prime Minister stating that the OTT platforms are responsible for the spike in violence and crimes against women and children, therefore the content should be censored. In his letter, he also suggested an amendment to the Cinematography Act of 1952 which does not clearly define “public exhibition” of films and whether certificate is needed for private browsing.[8]

  CONCLUSION

The need of a proper framework of rules and regulations is very important for the OTT platforms at this time, keeping in mind the increasing popularity of these platforms. The display of obscene or sexual explicit material on these platforms might create a bad influence on the young minds, therefore regulation is necessary. With the surge in the subscription base of these platforms, other industry players and stake holders might have a clash with the OTT platforms and thus to keep that in check a proper and effective framework of rules and guidelines should be made for these platforms.

  [1] https://www.startupstories.in/stories/the-rise-of-ott-platforms-in-india

[2] https://government.economictimes.indiatimes.com/news/digital-india/ott-platforms-to-take-over-cinema-due-to-lockdown/74979023

[3]  RTI application dated October 25, 2016, received online vide registration number MOIAB/R/2016/50541 and MIB’s response dated December 2, 2016.

[4] “ICT Regulation Toolkit,” available online at http://www.ictregulationtoolkit.org/toolkit/2.5.2  (accessed on 30 May 2019)

[5] Arjun Rajkhowa, “The Spectre of Censorship: Media Regulation, Political Anxiety and Public Contestations in India (2011–2013),” Media, Culture & Society 37 (6): 867–86, 2015, see more at https://journals.sagepub.com/doi/10.1177/0163443715584099

[6] https://economictimes.indiatimes.com/news/economy/policy/self-regulate-ott-platforms-piyush-goyal-to-industry/articleshow/76910852.cms

[7] https://www.thehindu.com/entertainment/movies/ib-ministry-wants-ott-platform-content-under-its-purview/article32019254.ece

[8] https://www.ndtv.com/india-news/nitish-kumar-asks-pm-to-censor-streaming-platforms-cites-vulgar-content-2249934

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