TRAI cannot regulate OTT platforms like Hotstar, the court said.Here’s why it matters | News Explained
Over-the-top (OTT) platforms like Hotstar are outside the purview of the Telecom Regulatory Authority of India (TRAI) and are governed by the Information Technology Rules, 2021 notified by the Ministry of Electronics and Information Technology (MeitY), Ministry of Telecommunications, India. will be done. An appeals committee was held.
In an interim order passed on Wednesday (October 4), the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) held that OTT platforms fall outside the purview of the TRAI Act as they do not require any permission or license from the central government. He said that there is.
Under what circumstances did TDSAT issue this order?
The TDSAT findings were revealed in a petition filed by the All India Digital Cable Federation (AIDCF). Stream ICC Cricket World Cup matches for free on your mobile device Under TRAI regulations, Star India, through its platform Disney+ Hotstar, can watch matches on Star Sports TV channel only if the viewers are subscribed by making monthly payments. It’s discriminatory.
In its interim prayer, the AIDC has asked Star India whether it should refrain from allowing viewers to watch Star Sports on mobile phones for free or whether members of the AIDCF, i.e. cable operators, should also It called for free access to sports to be provided.
So why is this order important?
It is significant that AIDC’s petition was rejected by TDSAT. indian express I had previously reported that TRAI, Statutory Telecommunications Regulatory Authority and Department of Telecommunications (DoT) The government under the Federal Ministry of Communications is trying to regulate OTT services, but the Ministry of Electronics and Information Technology has objected to this.
The DoT had announced a draft telecom bill that would classify OTT platforms as telecommunication services and regulate them like telecom operators. Separately, TRAI has issued a consultation document on how to regulate his OTT platforms.
Why doesn’t the IT Ministry agree with the DoD on OTT regulations?
The Ministry of IT considers that Internet-based communication services are not within the jurisdiction of the DoT based on the assignment of business rules. However, in this case, the focus of the conversation is on his OTT communication services such as WhatsApp.
A copy of the draft telecommunications bill was sent to the inter-ministerial group for consultation in May. It is learned that following the objections raised by MeitY, the DoT has gone back to the drawing board to rework parts of the bill regulating OTT telecom services.
“In May, when the DoT prepared the second draft of the bill for consultation in an inter-ministerial group, MeitY stated that the DoT could only regulate the vehicle layer, such as telephones, wireless communications and private communications. sector license etc.,” an IT ministry official had said earlier.
What is TRAI’s attempt to regulate OTT services?
Almost three years after it first recommended against creating a specific regulatory framework for OTT communication services such as WhatsApp, Zoom and Google Meet, TRAI has revisited its position and recommended how these services We have started discussions on whether regulations can be implemented.
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In a consultation paper published in June, the regulator asked stakeholders to submit proposals for regulating services, asking whether OTT services could be selectively banned rather than completely shutting down the internet. .
Regulating such services has been a long-standing requirement for carriers, who have long advocated “same service, same rules.”
In September 2020, TRAI had recommended against regulatory intervention in OTT platforms, saying they should be left to market forces. But it also said the sector should be monitored and interventions should be made at “appropriate times”.
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