Tag: Ministry of Commerce

  • FHRAI raises concerns over Zomato &  Swiggy’s private label business

    FHRAI raises concerns over Zomato & Swiggy’s private label business

    MUMBAI: This was bound to happen. Especially with the quick commerce guys evolving from delivery to making their own food products (call them private labels)  and delivering them. This is ruining the appetite of  hoteliers and restaurant owners.  

    And they are voicing their irritation through their representative body – The Federation of Hotel & Restaurant Associations of India (FHRAI), the world’s third-largest hospitality association which has voiced strong objections to Zomato and Swiggy’s entry into the private label food delivery business.

    The association has alleged unfair competition, misuse of restaurant data, and potential food safety risks, citing the platforms’ market dominance as detrimental to the businesses they were initially designed to support.
    FHRAI has announced its intention to meet with the ministry of commerce to push for regulatory action to ensure fair practices in the food service sector.

    The association’s concerns center on the alleged misuse of proprietary restaurant data by Zomato and Swiggy. This data, encompassing customer preferences, sales trends, and order histories, is reportedly being used to create personalised deals and develop private label products.

    FHRAI vice-president Pradeep Shetty  highlighted the ethical and legal implications of these practices. “These platforms were originally designed as neutral marketplaces to connect consumers with restaurants. However, by introducing and promoting their own food products, they are exploiting sensitive data to compete directly with the restaurants they serve. This creates an uneven playing field and jeopardises the livelihoods of small and medium-sized businesses,” said Shetty.

    He further emphasised that restaurants lack access to the same data, making it even harder for them to compete in an already challenging market.

    Another significant issue raised by  the FHRAI is the lack of transparency surrounding food safety standards for these private label products. While restaurants are subject to stringent safety regulations, the same standards may not be enforced for products sold by the platforms. This lack of accountability, FHRAI argues, could undermine consumer trust and damage the reputation of the restaurant industry.

    Originally established to connect restaurants with customers, Zomato and Swiggy have expanded their operations into the quick commerce space by creating private label food products. This move has raised fears of monopolistic practices, as the platforms now control not just the distribution but also the creation and sale of food.

    The association warned that without clear regulations, these developments could harm competition and consumer choice in the food service market.

    FHRAI is advocating for enforceable guidelines to:
    * Protect restaurant data from misuse.
    * Ensure private label food products meet the same safety and quality standards as restaurant food.
    * Maintain transparency and fairness in the food service industry.

    “We urge regulators to take swift action to address these issues. A transparent and competitive environment is essential for the survival and growth of all stakeholders, including restaurants, delivery platforms, and consumers,” Shetty stated.

    Will the regulators do something to restore the FHRAI’s appetite?

  • Copyrights registrar grants copyright society status to Indian screenwriters rights body

    Copyrights registrar grants copyright society status to Indian screenwriters rights body

    MUMBAI: It took four years  and a little more to come through, but it finally has. The Screenwriters Rights Association of India (SRAI) has got the go-ahead from the registrar of copyrights Unnat P Pandit on 30 December to operate as a copyright society under the Copyright Act, 1957.  What that means is that it can collect royalties for dramatic works  and literary works associated with dramatic works.  

    This means good news for story writers, scriptwriters, dialogue writers of television shows , OTT shows and films. They  can now look forward to a future where they can get royalties for their works.

    In fact, the Screen Writers Association (SWA)  and its members were made aware  of this through minister of commerce Piyush Goyal’s office which posted the SRAI certificate on social media late in the evening of 30 December.

    The request for the registration was made to the  registrar of copyrights (which falls under the department for promotion of industry and internal trade  which in turn is a body under the commerce ministry) on 4 November 2020 by SRAI’s chairman Anjum Rajabali with Vinod Ranganathan as the CEO and veteran writers like Saket Chaudhary, Kamlesh Pandey, Rajesh Dubey, Vipul Shah, Mohammed Badiuzzaman (Zaman Habib), Javed Akhtar and Juhi Asheesh Malhotra as members of the governing body, according to documents available with indiantelevision.com..

    The SRAI is a section 7 company and was set up in February 2016.

    For the writing community, however, this is probably the first step of many to follow.

    “What will follow are negotiations between the SRAI and the platforms  – whether OTT or broadcasters or producers – on the rate of the royalties,” says an industry source. “How long this will take will depend on how reasonable both sides will be. However, when an agreement is reached, it will be succor for the writing community which has been deprived of royalties unlike their counterparts in other parts of the world.” 

  • I&B special secretary Neerja Sekhar promoted as DG of  National Productivity Council

    I&B special secretary Neerja Sekhar promoted as DG of National Productivity Council

    MUMBAI: Special secretary in the ministry of information and broadcasting (MIB) Neerja Sekhar has finally got the rank of secretary in the  Indian government. Excepting she has been moved to the National Productivity Council (NPC) as director general with the secretary rank, according to whispersinthecorridors.

    The NPC falls under the department for promotion of industry and internal trade which in turn comes under the ministry of commerce.

    Sekhar, from the 1993 IAS batch of the Haryana cadre, had been appointed additional secretary at the MIB in November 2020, replacing Atul Kumar Tiwari.

    The current MIB secretary is Sanjay Jaju  (from the 1992 IAS batch) who took over the role on 5 February 2024. 

  • Comment: War on online video piracy, which matters, is here for India to fight

    Comment: War on online video piracy, which matters, is here for India to fight

    “There’s only one war that matters. And it is here”.

    So reads the caption of HBO’s official trailer for the blockbuster sixth episode of ‘Game of Thrones’ season seven that is scheduled to be aired next week. Even as Daenerys Targaryen’s Unsullied Army took up position outside the walls of King’s Landing, the online leaks of the TV series continued with unfazed pirates threatening not only to up the ransom figures, but also breach more episodes—Khalessi and dragons, notwithstanding.

    But the caption of the trailer does resonate with the Indian media and entertainment (M&E) industry as well as the government and policy-makers. The war that matters – the battle against online pirates — is certainly here and worth fighting for.

    As the online video market grows around the globe, India being no exception, so has the fear of online piracy and loss of revenues to content owners.

    The leak of an episode of GOT that recently happened in India, courtesy Prime Focus Tech, Indian host broadcaster Star India’s technology vendor, brought to the fore that the menace is closer home and will grow in coming days. And it happened just in the week – or after Hotstar – started a high decibel media campaign  urging  viewers to stop downloading torrents and go for originals on the streaming VOD service. The comnsumer – it seemed – was cocking a snook at its suggestions, though the leak happened through its vendor-partner. 

    Earlier, it was primarily the Indian film industry that was battling online pirates through John Doe court orders and blocking of some websites. But now, it seems, the whole entertainment industry needs to come together with policy makers to put up a joint front against piracy. More importantly, admission of the fact that the scourge has arrived on Indian shores and will spread in the coming years more aggressively, will only help drive anti-piracy initiatives.

    It’s not that initiatives against piracy are not taking place, but they are individual acts. “There are various industry bodies operating in the M&E sector in India and since there can’t be divergent views on tackling piracy, it’s high time a single coalition is formed by all industry stakeholders in partnership with government, which will help align business interests in a common mission,” said Viacom18 Media group general counsel and company secretary Sujeet Jain, one of the industry execs at the forefront in the fight against piracy.

    Why the fight against online piracy is imperative and India must start taking counter measures to safeguard against revenue losses?

    Sample some figures. Singapore-based market research firm Media Partners Asia (MPA) recently estimated that the Indian online video industry generated approximately $ 230 million in total sales in 2016 and could reach approximately $340 million in 2017. Online video revenues, including net advertising and subscription fees, will grow at a 21 per cent CAGR across the Apac region between 2017 and 2022, climbing from US$17.6 billion in 2017 to US$46 billion by 2022, MPA reported.

    Data revenues across fixed and mobile networks in Apac will reach $318 billion by 2022 and average mobile broadband penetration will reach 73 per cent per capita by 2022 versus 59 per cent in 2017, with some of the biggest growth coming from India, Indonesia, the Philippines, Thailand and Vietnam.

    Indian regulator TRAI’s figures state till May-June this year India had 282 million wireless and 18.33 million wired broadband subs.

    While acknowledging the potential of the Indian online video market and its weaknesses for breaches, a TV exec, on the condition of anonymity, pointed out that lack of cohesion and unity is stopping various industry associations to come together under one umbrella for anti-piracy activities. The need for finances to keep such an initiative afloat is an impediment too.

    For example, a body called Copyright Force was announced last year with much fanfare with few Indian and foreign industry associations promising to collaborate on anti-piracy measures. But, recently a senior government official in the Ministry of Commerce, which oversees IPR-related policy-making, told indiantelevision.com that he had not heard about Copyright Force, but some individual media companies were in regular touch.

    Writing a blog on the need to uphold IPR, Viacom18’s Jain very aptly had pointed out programs such as Digital Bharat may not achieve the  desired results if online piracy is not curbed as IPR enforcement for the M&E industry was no less important than IP assets emerging from innovations and R&D from other sectors and for India to be globally successful, it must ensure safeguards against IPR breaches.

    While the government admits India is a big and complex market, officials also point out efforts are on to evolve an ecosystem where IPR is respected  and online piracy is arrested, if not totally demolished as even more developed markets are finding it difficult to plug such loopholes – leakage of GOT episodes from various parts of the globe being an example.

    A senior government official also told indiantelevision.com that the Commerce Ministry is in touch with organizations like the Ministry of Information and Broadcasting, Ministry of Electronics and IT and Ministry of Law to amend some of the existing relevant legislations (The Cinematograph Act, 1952, the IT Act and the Copyright Act, for instance) to update them in the modern context.
     
    However, the government also expects the Indian M&E industry and related industry associations to give it exhaustive and cohesive feedbacks and suggestions to help framing of futuristic legislations to fight piracy and uphold sanctity of IPRs. Probably, such a united approach is not coming forth from the industry, even while piecemeal suggestions are being given to the government.    

    That raises another question: how is the issue of IPR piracy is being sought to be addressed in other parts of the world?

    The UK has PIPCU or the Police Intellectual Property Crime Unit, which is funded by the Intellectual Property Office and run by the City of London Police to combat this criminality, with a special focus on offences committed online. Australia has a controversial, but stringent law against piracy. In Asia, various countries have different standards, but collaborate with media associations like Hong Kong-based CASBAA to crack down on pirates through jointly funded legal recourse and high-pitch anti-awareness campaigns.

    In June this year, 30 global content creators and on-demand entertainment companies launched an industry coalition called Alliance for Creativity and Entertainment (ACE) dedicated to protecting the dynamic legal market for creative content and reducing online piracy.The worldwide members of ACE include Amazon, AMC Networks, BBC Worldwide, Bell Canada and Bell Media, Canal+ Group, CBS Corporation, Foxtel, Grupo Globo, HBO, Hulu, Lionsgate, MGM, Millennium Media, NBCUniversal, Netflix, Paramount Pictures, Sky, Sony Pictures Entertainment, Studio Babelsberg, STX Entertainment, Twentieth Century Fox, Univision Communications Inc., Village Roadshow, The Walt Disney Company and Warner Bros Entertainment Inc with Star India being the lone Indian member.

    A spokesperson of ACE told indiantelevision.com that though it’d welcome more Indian companies (apart from Star), it has no India-specific initiative on its agenda at the moment. One wonders why not? Certainly ACE with its money and influencing power – some of its supporters do have large business exposure in the Indian market – can contribute a lot in terms of international practices that could help the Commerce Ministry in framing and pushing more effective anti-piracy measures; the existence and contribution of TIPCU or Telengana Intellectual Property Crime Unit or Maharashtra’s online Cyber  crime division, notwithstanding.

    If, according to MPA, India, Japan, Australia, Korea and Taiwan will emerge as the markets (apart from market leader China) with the most scale in online video revenues and distribution, can the pirates be far behind back home?

    Jain conservatively estimated large and medium sized pirate networks in India can generate between $2-6 million per annum, but another Indian M&E industry exec said the loss due to piracy could be in high double digit millions of dollars. Incidentally, the Indian government doesn’t have a figure of revenue losses due to online piracy. If it has, that figure hasn’t been made public.

    So, if there’s one war that the Indian M&E industry and the government need to take cognizance of – it’s already here – it could very well be the fight against online piracy.

    Certainly, piracy cannot be bandied as an achievement of the government’s much touted Make In India and/or Made In India programmes.

    ALSO READ :

    Indian online video to grow to US 1.6 bn at 35 percent CAGR by 2022

    MPA forecasts Asia Pacific online video opportunity at US$35 billion by 2021

    FICCI Frames ’17: Maharashtra to form IP crime unit to fight online piracy

    Online pirates beware, Copyright Force on way

  • 2016: The Year of Disruption: Growth, revenues, M&As, new techs, flip-flops in times of demonetisation

    2016: The Year of Disruption: Growth, revenues, M&As, new techs, flip-flops in times of demonetisation

    Year 2016 was a rare instance when the Indian government and a global company’s projections for the Indian media and entertainment industry seemed to be matching for a large part of the year. Almost. Considering the differences in parameters that the government adopts for economic outlook calculations, convergence on data (give and take a few billions here and there) was startling — and pleasant too.

    PwC’s mid-year Global Entertainment & Media Outlook 2016-20 said India’s entertainment and media sector was expected to grow steadily over the next four years and exceed US$40,000million (or US$ 40 billion) by 2020.

    Ditto for the government’s predictions, which were looking as pretty, but then came demonetisation and the figures have since been revised.

    The website of India Brand Equity Foundation (IBEF), a think-tank established by India’s Ministry of Commerce, states that the media & entertainment sector is expected to grow at a CAGR of 14.3 per cent to touch Rs 2.26 trillion (US$ 33.7 billion) by 2020; revenues from advertising are expected to grow at 15.9 per cent to Rs 99,400 crore (US$ 14.82 billion).

    Even though these numbers may seem fabulous for many in snail like growth economies, the fact is that the government seems to have moderated its outlook as the website was updated in December 2016.

    These projections, coupled with some bold regulatory and policy initiatives in 2016, stll indicate a fairly good pace of growth this year and continuing momentum over the next few years.

    The goals seemed achievable and an easy cruise till Prime Minister Modi’s currency demonetisation bomb exploded on 8 November and resulted in the shifting of various goalposts.

    Despite lofty ideals of fighting the menace of black economy, of enabling a digital cashless society, and enriching the poor via the demonetisation move, uncertainties over policy decisions, are gradually sinking in and slowing down various segments of the economy, including the media and entertainment sector.

    public://dishtv-videocon_1.jpgAs India grapples with challenging times, we at indiantelevision.com bring to you the first episode in our year-ender 2016 series, which will look at various segments of the M&E industry; especially the broadcast and cable segments. Presenting to you the 2016 Big Picture.

    Mergers & Acquisitions and Consolidations

    The year saw some big mergers and acquisitions (M&A) moves, subject to regulatory approvals, of course, but also signalling that the highly fragmented Indian broadcast and cable sector was witnessing some consolidation, which has been talked about for over five years now.

    For example, an oft repeated question of overseas media observers tracking Indian media sector was: even if  India is a huge market, how long can it sustain six private sector DTH services and pubcaster Doordarshan’s free DTH service FreeDish in terms of  burgeoning subscriber numbers and also rising expenditure on servicing them?

    The question got answered when Zee/Essel Group’s Dish TV and Videocon D2h announced that the latter would merge with the former under a complex share swap with the merged entity — to be called Dish TV Videocon Ltd — becoming a cable and satellite behemoth serving 27.6 million net subscribers (based on September 30, 2016 numbers) out of a total of 175 million TV households in India.

    In the combined satellite platform, to be led by India’s DTH pioneer Jawahar Goel, Dish TV would be holding a 36 per cent stake with Videocon D2h promoters owning a 28 per cent equity stake. Later, the two announced that the former has agreed  to buy an additional 9.90 per cent equity in the company in two tranches from the promoters of Videocon d2h going forward within the next two years.

    Not content with grabbing access to additional DTH homes, the Subhash Chandra-led Essel group went on an on an acquisition spree. In two separate developments in November, through two different corporate entities — Zee Entertainment and Zee Media — Zee took  full control of the general entertainment TV business and a 49 per cent stake in the radio business of the Anil Ambani-led Reliance ADA group, respectively. Both these acquisitions have not only given the Zee group access to a few Indian language GECs and 59 FM radio channels, but also scope for monetising additional eyeballs, ears and reach.  

     Zee Entertainment shed some weight and agreed to sell its sports TV channels, marketed under the Ten Sports brand name, to Sony Pictures Network leaving the 21 st Century Fox owned Star (which was earlier this year valued at $14 billion by financial services firm Edelweiss Capital) and Sony-ESPN combine to slug it out in the sports broadcasting ring. Of course, Nimbus Sports continues to hover around as a comparatively small player.

    Cable TV’s tough road; the struggle continues

    It was a year of deja-vu for cable TV firms and broadcasters as the effort to eke out more subscription revenues from the ground met with limited and marginal success. That meant those in distribution continued to struggle to get their acts together even as those companies which were listed had their stocks being hammered as cable TV digitisation in Phase III areas stalled because of a legal stalemate and a court decision which took a long time a-coming.

    With limited leeway in bringing about change in things cable TV, the MSOs  upped their investments in the higher ARPU delivering broadband and focused on signing on subscribers for the same. With much succees.

    In times like this, companies such as DEN  Networks  brought back veteran cable TV executive SN Sharma as CEO and even raised $21 million through a private placement with Goldman Sachs.

     On the other hand, leading MSO Hathway Cable worked on a management restructuring with old hand CEO Jagdish Kumar parting ways and Rajan Gupta being appointed in his place.

    Speculations in media circles regarding Zee’s sister MSO company Siti Networks acquiring fully or partially DEN continued for the first half of the year, but they were  officially scotched. However, the national MSO swallowed a few smaller cable TV operations across India.

    There could have also  been a few other small M&As in the cable sector with big regional MSOs gobbling up smaller LCOs, but they failed to make much of a blip.

    Hopes were high that the digital rollout would commence with great gusto followed the court dismissing petitions favoring  the Phase III DAS stay and the sunset date of 31 December 2016 approaching for Phase IV. But, much to media observers and industry’s consternation the ministry of information and broadcasting (MIB) announced that the Phase III sunset was being pushed forward to 31 January 2017 and Phase IV to 31 March 2017 two days before Christmas. 

    Hopefully, the government will not once again backpedal and go for another postponment when these dates near. India’s cable TV sector needs some desperate measures and they need to be taken.

    Demonetisation

    On 8 November 2016, Prime Minister Narendra Modi announced the biggest-ever demonetisation exercise India has ever seen by abruptly withdrawing Rs 500 and Rs1,000 notes from public use in a bid to clamp down on black money, fake currency menace, terror funding and corruption. Clap, clap. Only the brave dare to tread the path even angels fear and for that PM Modi should be applauded.

    public://1K6A2295_1.jpgBut the policy flip-flops that has been following that announcement, coupled with inadequacies in implementing a good-intentioned scheme and large-scale insensitivity of the ruling class to inconveniences caused to the general public, has started claiming collateral damage — including that on the economy, which seems to be slowing down sending out cascading effects on various other industries.

    The media industry was no exception. With cash hard to come by courtesy the shortage of currency notes, consumers went easy, spending only on essential items. Additionally, cash has been the lifeblood of the entire product distribution chain right from wholesalers to retailiers for most product manufacturers.

     Advertisers and brands – fearing that with cash drying up and consumers wary of spulrging  – believed there was not much purpose in promoting on television or other media.  Hence, they immediately tied the knot on their ad spend budgets. Net result: almost everyone in the media ecosystem was yelping in pain right from broadcasters to TV producers.

    From initial estimates made by media stakeholders that demonetisation of high currency notes would lead to a loss of Rs. 8,000 million, including advertising segment, the number has soared. Recent ad industry estimates fear the loss could be as high Rs. 25,000 million — unless the government gets it act together like Usain Bolt running in the last Olympics.

    The changes in buying and consumption patterns of people have resulted in lesser revenues, compelling companies to slash their promotional and marketing budgets.

    The news channels seem to have taken a big hit. Ditto with the GECs. Small regional TV channels, depending a lot on local advertising, too are getting hit as those advertisers are drying up.

    TRAI’s Push for Ambiguity-free Regulatory Regime

     Widely criticised for over regulating the telecoms and broadcast & cable sectors, Telecom Regulatory Authority of India (TRAI) stuck to its avowed and stated aim of attempting to create a regulatory regime that would reduce ambiguities and create a level playing field for all stakeholders.

    From trying to deal with issues in a piecemeal fashion to smoothening the road ahead for the players via its various guidelines and recommendations, TRAI, under chairman RS Sharma, has not shied away from confronting any bull (like Facebook) — some players, however, say it acted like a bull in a China shop.

    Whether it was the issue of Net Neutrality or zero tariffs offered by telcos for certain services or tariffs, interconnect and quality of services in the broadcast carriage sector or pushing MSOs on digital rollout or suggesting free limited data to rural India to give a fillip to digital economy or cracking the whip on mobile phone call drops, or on interoperability of DTH and cable TV, TRAI has quite ably been walking the tight rope between regulations and industry and political lobbying.

    A Government In Search of Investor-Friendly Policies

    When the ministry of commerce mid-year announced a slew of steps aimed at liberalising foreign investments in broadcast carriage businesses, amongst other business segments, it was hoped FDI would flow in quickly. But that did not happen as envisaged.

    The MIB did manage to shave to an extent the time period taken to obtain a licence for uplink or downlink for TV channels and teleports, but failed on many counts to be proactive on developing issues (like controversial appointments in several MIB-controlled media institutions and attempted content regulation by non-authorised organisations, for example) and its reactionary approach complicated matters further.

    But now it’s incumbent on the MIB to push through some big ongoing reforms like  rollout of  digital TV services in India. With the judiciary having cleared the cobwebs around digitisation by dismissing cases on implementation processes and TRAI aiming to remove remaining potholes, it’s to be seen whether MIB can withstand pressures arising out of demonetisation and from political allies going forward in 2017.

    Government Attempts On Content Regulation, Censorship & Flip-flops

    In a year when media, in general, went hyper on nationalism — Arnab Goswami, notwithstanding — and floated a narrative that it was questionable to question government directives and actions, developments highlighted that the MIB and its allied organisations could oscillate between being a facilitator (after all PM Modi and his Finance Minister were working towards the ease of doing business) and playing Big Brother.

    From the film certification board (helmed by a self-confessed Modi fan) trying to censor what Indians should see or shouldn’t in films ( for instance, clipping of kissing scenes between James Bond and his girlfriends in the last 007 flick) to suggestions that even TV content should obtain certification to paid news to cracking the whip on a news channel for allegedly  flouting content norms related to national security, it has been an eventful year when the need for stricter self-regulation by TV industry couldn’t be more visible.

    That the MIB had to keep aside a one-day blackout order handed to NDTV India for allegedly airing security details relating to terrorism activities and anti-terror ops is a story in itself. But the message that the government could attempt a back-door entry intocontent regulation was driven home effectively.

    The year also saw the Indo-Pak faceoff leading to a ban on Indian DTH dishes and on content  in Pakistan. India too retaliated but with a hesitant ban on Pakistani artistes working in India.

    BARC India Measures Up To Transparency, Credibility

    The two-year old new age TV audience measurement regime of India, complete with water-marked channels, hack-proof gadgets and alert number-crunchers keeping tabs on unusual spikes and blips in viewing habits, has not only managed to open up new monetisation avenues for its subscribers, but also ruffle some feathers in the process.

    The rural India audience data being now supplied by BARC for a year continued to throw up surprises in ratings and it also highlight India’s viewing patterns.

    However, towards the end of the year, BARC’s search for truth, transparency and data credibility created a few headlines, but in a still highly-fragmented and complicated market like India, it, probably, was expected.

    Mushrooming OTT Players, Arrival of 4G and Disruptive Tactics

    Interestingly in a country where bandwidth is still patchy, data cost high and ambiguous norms relating to online content make things interesting, OTT players seem to be mushrooming all over hoping to get a slice of the El Dorado someday, if not today.

     

    public://AAA_0.jpgWith Amazon Prime too launching in India in December, along with many other parts on Planet Earth, India continued to be a playground where global and home-grown players are rubbing shoulders attempting to differentiate themselves and carve out a subscriber base and some revenue.

    The list seems interesting. Indian players (some of them extensions of established broadcasting companies) like Hotstar, Voot, dittoTV, Savvn, Box TV, Alt, Eros Now, etc are all there in the Indian ballroom tangoing with the likes of Netflix, Amazon Prime, Hooq, YouTube and Viu.

    Is there money to be made? Certainly, yes. Are the ARPUs worth speaking about now? Oh, shut up as these are early days. Is the consumer biting? Yes, but mostly urban-centric. What are the differentiators in services? Let me think. What about (impending) regulations? We’ll cross the bridge when it comes, but hush; don’t give ideas to the regulator. What’s so interesting about India despite various challenges? Oh boy, don’t be dumb, it’s a huge market and the pace of penetration of mobile devices is phenomenal. Final outcome? Hmmmmmmmm!

    Many of these hems and haws, probably, saw a ray of light when 4G services rolled out this year. It meant less buffering and a more enjoyable consumer experience (read more subscription money). But true to a style, honed to the level of being a talent, Reliance came with its Jio 4G service, announced free unlimited data (subsequently toned down for fair usage by all consumers) and a host of other freebies that wiped out billions of dollars in market capitalisation of existing telcos, all of whom have fat budgets, indifferent services. Each one of them scurried to roll out their own 4G services and freebies.

    If a marketing guru said Reliance managed to disrupt the market good and proper, it wouldn’t be an observation much off the mark.

    But then 2016 has been a year of disruptions and disruptive tactics all around. But we at indiantelevision.com wish you Christmas cheer and  a disruption-free Happy 2017!

  • 2016: The Year of Disruption: Growth, revenues, M&As, new techs, flip-flops in times of demonetisation

    2016: The Year of Disruption: Growth, revenues, M&As, new techs, flip-flops in times of demonetisation

    Year 2016 was a rare instance when the Indian government and a global company’s projections for the Indian media and entertainment industry seemed to be matching for a large part of the year. Almost. Considering the differences in parameters that the government adopts for economic outlook calculations, convergence on data (give and take a few billions here and there) was startling — and pleasant too.

    PwC’s mid-year Global Entertainment & Media Outlook 2016-20 said India’s entertainment and media sector was expected to grow steadily over the next four years and exceed US$40,000million (or US$ 40 billion) by 2020.

    Ditto for the government’s predictions, which were looking as pretty, but then came demonetisation and the figures have since been revised.

    The website of India Brand Equity Foundation (IBEF), a think-tank established by India’s Ministry of Commerce, states that the media & entertainment sector is expected to grow at a CAGR of 14.3 per cent to touch Rs 2.26 trillion (US$ 33.7 billion) by 2020; revenues from advertising are expected to grow at 15.9 per cent to Rs 99,400 crore (US$ 14.82 billion).

    Even though these numbers may seem fabulous for many in snail like growth economies, the fact is that the government seems to have moderated its outlook as the website was updated in December 2016.

    These projections, coupled with some bold regulatory and policy initiatives in 2016, stll indicate a fairly good pace of growth this year and continuing momentum over the next few years.

    The goals seemed achievable and an easy cruise till Prime Minister Modi’s currency demonetisation bomb exploded on 8 November and resulted in the shifting of various goalposts.

    Despite lofty ideals of fighting the menace of black economy, of enabling a digital cashless society, and enriching the poor via the demonetisation move, uncertainties over policy decisions, are gradually sinking in and slowing down various segments of the economy, including the media and entertainment sector.

    public://dishtv-videocon_1.jpgAs India grapples with challenging times, we at indiantelevision.com bring to you the first episode in our year-ender 2016 series, which will look at various segments of the M&E industry; especially the broadcast and cable segments. Presenting to you the 2016 Big Picture.

    Mergers & Acquisitions and Consolidations

    The year saw some big mergers and acquisitions (M&A) moves, subject to regulatory approvals, of course, but also signalling that the highly fragmented Indian broadcast and cable sector was witnessing some consolidation, which has been talked about for over five years now.

    For example, an oft repeated question of overseas media observers tracking Indian media sector was: even if  India is a huge market, how long can it sustain six private sector DTH services and pubcaster Doordarshan’s free DTH service FreeDish in terms of  burgeoning subscriber numbers and also rising expenditure on servicing them?

    The question got answered when Zee/Essel Group’s Dish TV and Videocon D2h announced that the latter would merge with the former under a complex share swap with the merged entity — to be called Dish TV Videocon Ltd — becoming a cable and satellite behemoth serving 27.6 million net subscribers (based on September 30, 2016 numbers) out of a total of 175 million TV households in India.

    In the combined satellite platform, to be led by India’s DTH pioneer Jawahar Goel, Dish TV would be holding a 36 per cent stake with Videocon D2h promoters owning a 28 per cent equity stake. Later, the two announced that the former has agreed  to buy an additional 9.90 per cent equity in the company in two tranches from the promoters of Videocon d2h going forward within the next two years.

    Not content with grabbing access to additional DTH homes, the Subhash Chandra-led Essel group went on an on an acquisition spree. In two separate developments in November, through two different corporate entities — Zee Entertainment and Zee Media — Zee took  full control of the general entertainment TV business and a 49 per cent stake in the radio business of the Anil Ambani-led Reliance ADA group, respectively. Both these acquisitions have not only given the Zee group access to a few Indian language GECs and 59 FM radio channels, but also scope for monetising additional eyeballs, ears and reach.  

     Zee Entertainment shed some weight and agreed to sell its sports TV channels, marketed under the Ten Sports brand name, to Sony Pictures Network leaving the 21 st Century Fox owned Star (which was earlier this year valued at $14 billion by financial services firm Edelweiss Capital) and Sony-ESPN combine to slug it out in the sports broadcasting ring. Of course, Nimbus Sports continues to hover around as a comparatively small player.

    Cable TV’s tough road; the struggle continues

    It was a year of deja-vu for cable TV firms and broadcasters as the effort to eke out more subscription revenues from the ground met with limited and marginal success. That meant those in distribution continued to struggle to get their acts together even as those companies which were listed had their stocks being hammered as cable TV digitisation in Phase III areas stalled because of a legal stalemate and a court decision which took a long time a-coming.

    With limited leeway in bringing about change in things cable TV, the MSOs  upped their investments in the higher ARPU delivering broadband and focused on signing on subscribers for the same. With much succees.

    In times like this, companies such as DEN  Networks  brought back veteran cable TV executive SN Sharma as CEO and even raised $21 million through a private placement with Goldman Sachs.

     On the other hand, leading MSO Hathway Cable worked on a management restructuring with old hand CEO Jagdish Kumar parting ways and Rajan Gupta being appointed in his place.

    Speculations in media circles regarding Zee’s sister MSO company Siti Networks acquiring fully or partially DEN continued for the first half of the year, but they were  officially scotched. However, the national MSO swallowed a few smaller cable TV operations across India.

    There could have also  been a few other small M&As in the cable sector with big regional MSOs gobbling up smaller LCOs, but they failed to make much of a blip.

    Hopes were high that the digital rollout would commence with great gusto followed the court dismissing petitions favoring  the Phase III DAS stay and the sunset date of 31 December 2016 approaching for Phase IV. But, much to media observers and industry’s consternation the ministry of information and broadcasting (MIB) announced that the Phase III sunset was being pushed forward to 31 January 2017 and Phase IV to 31 March 2017 two days before Christmas. 

    Hopefully, the government will not once again backpedal and go for another postponment when these dates near. India’s cable TV sector needs some desperate measures and they need to be taken.

    Demonetisation

    On 8 November 2016, Prime Minister Narendra Modi announced the biggest-ever demonetisation exercise India has ever seen by abruptly withdrawing Rs 500 and Rs1,000 notes from public use in a bid to clamp down on black money, fake currency menace, terror funding and corruption. Clap, clap. Only the brave dare to tread the path even angels fear and for that PM Modi should be applauded.

    public://1K6A2295_1.jpgBut the policy flip-flops that has been following that announcement, coupled with inadequacies in implementing a good-intentioned scheme and large-scale insensitivity of the ruling class to inconveniences caused to the general public, has started claiming collateral damage — including that on the economy, which seems to be slowing down sending out cascading effects on various other industries.

    The media industry was no exception. With cash hard to come by courtesy the shortage of currency notes, consumers went easy, spending only on essential items. Additionally, cash has been the lifeblood of the entire product distribution chain right from wholesalers to retailiers for most product manufacturers.

     Advertisers and brands – fearing that with cash drying up and consumers wary of spulrging  – believed there was not much purpose in promoting on television or other media.  Hence, they immediately tied the knot on their ad spend budgets. Net result: almost everyone in the media ecosystem was yelping in pain right from broadcasters to TV producers.

    From initial estimates made by media stakeholders that demonetisation of high currency notes would lead to a loss of Rs. 8,000 million, including advertising segment, the number has soared. Recent ad industry estimates fear the loss could be as high Rs. 25,000 million — unless the government gets it act together like Usain Bolt running in the last Olympics.

    The changes in buying and consumption patterns of people have resulted in lesser revenues, compelling companies to slash their promotional and marketing budgets.

    The news channels seem to have taken a big hit. Ditto with the GECs. Small regional TV channels, depending a lot on local advertising, too are getting hit as those advertisers are drying up.

    TRAI’s Push for Ambiguity-free Regulatory Regime

     Widely criticised for over regulating the telecoms and broadcast & cable sectors, Telecom Regulatory Authority of India (TRAI) stuck to its avowed and stated aim of attempting to create a regulatory regime that would reduce ambiguities and create a level playing field for all stakeholders.

    From trying to deal with issues in a piecemeal fashion to smoothening the road ahead for the players via its various guidelines and recommendations, TRAI, under chairman RS Sharma, has not shied away from confronting any bull (like Facebook) — some players, however, say it acted like a bull in a China shop.

    Whether it was the issue of Net Neutrality or zero tariffs offered by telcos for certain services or tariffs, interconnect and quality of services in the broadcast carriage sector or pushing MSOs on digital rollout or suggesting free limited data to rural India to give a fillip to digital economy or cracking the whip on mobile phone call drops, or on interoperability of DTH and cable TV, TRAI has quite ably been walking the tight rope between regulations and industry and political lobbying.

    A Government In Search of Investor-Friendly Policies

    When the ministry of commerce mid-year announced a slew of steps aimed at liberalising foreign investments in broadcast carriage businesses, amongst other business segments, it was hoped FDI would flow in quickly. But that did not happen as envisaged.

    The MIB did manage to shave to an extent the time period taken to obtain a licence for uplink or downlink for TV channels and teleports, but failed on many counts to be proactive on developing issues (like controversial appointments in several MIB-controlled media institutions and attempted content regulation by non-authorised organisations, for example) and its reactionary approach complicated matters further.

    But now it’s incumbent on the MIB to push through some big ongoing reforms like  rollout of  digital TV services in India. With the judiciary having cleared the cobwebs around digitisation by dismissing cases on implementation processes and TRAI aiming to remove remaining potholes, it’s to be seen whether MIB can withstand pressures arising out of demonetisation and from political allies going forward in 2017.

    Government Attempts On Content Regulation, Censorship & Flip-flops

    In a year when media, in general, went hyper on nationalism — Arnab Goswami, notwithstanding — and floated a narrative that it was questionable to question government directives and actions, developments highlighted that the MIB and its allied organisations could oscillate between being a facilitator (after all PM Modi and his Finance Minister were working towards the ease of doing business) and playing Big Brother.

    From the film certification board (helmed by a self-confessed Modi fan) trying to censor what Indians should see or shouldn’t in films ( for instance, clipping of kissing scenes between James Bond and his girlfriends in the last 007 flick) to suggestions that even TV content should obtain certification to paid news to cracking the whip on a news channel for allegedly  flouting content norms related to national security, it has been an eventful year when the need for stricter self-regulation by TV industry couldn’t be more visible.

    That the MIB had to keep aside a one-day blackout order handed to NDTV India for allegedly airing security details relating to terrorism activities and anti-terror ops is a story in itself. But the message that the government could attempt a back-door entry intocontent regulation was driven home effectively.

    The year also saw the Indo-Pak faceoff leading to a ban on Indian DTH dishes and on content  in Pakistan. India too retaliated but with a hesitant ban on Pakistani artistes working in India.

    BARC India Measures Up To Transparency, Credibility

    The two-year old new age TV audience measurement regime of India, complete with water-marked channels, hack-proof gadgets and alert number-crunchers keeping tabs on unusual spikes and blips in viewing habits, has not only managed to open up new monetisation avenues for its subscribers, but also ruffle some feathers in the process.

    The rural India audience data being now supplied by BARC for a year continued to throw up surprises in ratings and it also highlight India’s viewing patterns.

    However, towards the end of the year, BARC’s search for truth, transparency and data credibility created a few headlines, but in a still highly-fragmented and complicated market like India, it, probably, was expected.

    Mushrooming OTT Players, Arrival of 4G and Disruptive Tactics

    Interestingly in a country where bandwidth is still patchy, data cost high and ambiguous norms relating to online content make things interesting, OTT players seem to be mushrooming all over hoping to get a slice of the El Dorado someday, if not today.

     

    public://AAA_0.jpgWith Amazon Prime too launching in India in December, along with many other parts on Planet Earth, India continued to be a playground where global and home-grown players are rubbing shoulders attempting to differentiate themselves and carve out a subscriber base and some revenue.

    The list seems interesting. Indian players (some of them extensions of established broadcasting companies) like Hotstar, Voot, dittoTV, Savvn, Box TV, Alt, Eros Now, etc are all there in the Indian ballroom tangoing with the likes of Netflix, Amazon Prime, Hooq, YouTube and Viu.

    Is there money to be made? Certainly, yes. Are the ARPUs worth speaking about now? Oh, shut up as these are early days. Is the consumer biting? Yes, but mostly urban-centric. What are the differentiators in services? Let me think. What about (impending) regulations? We’ll cross the bridge when it comes, but hush; don’t give ideas to the regulator. What’s so interesting about India despite various challenges? Oh boy, don’t be dumb, it’s a huge market and the pace of penetration of mobile devices is phenomenal. Final outcome? Hmmmmmmmm!

    Many of these hems and haws, probably, saw a ray of light when 4G services rolled out this year. It meant less buffering and a more enjoyable consumer experience (read more subscription money). But true to a style, honed to the level of being a talent, Reliance came with its Jio 4G service, announced free unlimited data (subsequently toned down for fair usage by all consumers) and a host of other freebies that wiped out billions of dollars in market capitalisation of existing telcos, all of whom have fat budgets, indifferent services. Each one of them scurried to roll out their own 4G services and freebies.

    If a marketing guru said Reliance managed to disrupt the market good and proper, it wouldn’t be an observation much off the mark.

    But then 2016 has been a year of disruptions and disruptive tactics all around. But we at indiantelevision.com wish you Christmas cheer and  a disruption-free Happy 2017!