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Tag: Telecom Regulatory Authority of India

  • TRAI notifies amendments to regulatory framework for broadcasting and cable services and releases

    TRAI notifies amendments to regulatory framework for broadcasting and cable services and releases

    Mumbai: Telecom Regulatory Authority of India (TRAI) has issued Telecommunication (Broadcasting and Cable) Services (Eighth) (Addressable Systems) Tariff (Fourth Amendment) Order, 2024 (1 of 2024);  Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Sixth Amendment) Regulations, 2024 (4 of 2024); the Telecommunication (Broadcasting and Cable) Services Standards of Quality of Service and Consumer Protection (Addressable Systems) (Fourth Amendment) Regulations, 2024 (3 of 2024) and also recommendations to Ministry of Information and Broadcasting (MIB) on ‘Listing of channels in Electronic Programme Guide and Upgrading DD Free Dish platform to an Addressable System’. These amendments, except for a few clauses, shall come into force after 90 days from the date of its publication in the official gazette.

    In consonance with the complete digitization of the cable TV sector, TRAI on 3 March 2017 had notified the Regulatory Framework for Broadcasting and Cable services. The framework was further tuned to the need of the broadcasting ecosystem and to address the concerns of stakeholders through amendments issued in 2020 and 2022.

    The stakeholders namely, broadcasters, MSOs, DTH operators and LCOs had taken up further issues for the consideration of the Authority from time to time.

    To address such issues, the Authority issued a consultation paper on “Review of Regulatory Framework for Broadcasting and Cable services” on 8 August 2023 seeking stakeholders’ comments.

    The consultation paper sought comments and suggestions from various stakeholders, on several issues which included Network Capacity Fee (NCF), discount limit on sum of MRP of a-la-carte channels for fixing MRP of bouquets by the distributors of TV channels (Distribution Platform Operators-DPOs), equivalence of an HD channel in terms of SD channels for capacity calculations, mandatory FTA News Channels in all packs formed by the DPOs, level playing field with DD Free Dish, amendment to Reference Interconnect Offer, listing of channels in Electronic Programme Guide (EPG), revenue share between MSO and LCO, carriage fee, removal of channels after expiry of existing interconnection agreement, issues related to billing cycle, regulation of platform service channels, review of prescribed charges, consumer corner, establishment of websites by DPOs, manual of practice, etc.

    The Authority analysed the comments of the stakeholders and the discussion held during the open house discussion and noted the level of competition in the market due to the presence of multiple Broadcasters, DPOs (MSO/DTH/HITS/IPTV) and LCOs. Accordingly, there is a need to provide flexibility to the service providers for enabling them to adopt to the dynamic market conditions while at the same time safeguarding the interest of consumers and small players through transparency, accountability and equitability.

    Based on the above considerations, TRAI has notified the amendments to Tariff Order 2017, Interconnection Regulations 2017 and QoS Regulation 2017. The primary objective of these amendments includes the following:

    a  Facilitate growth of the broadcasting sector by reducing regulatory mandates and compliance requirements.

    b  Provide flexibility to the service providers to adopt a market driven approach while safeguarding the interest of the consumers and small players through transparency, accountability and equitability.

    c  Promoting ease of doing business by simplifying the regulatory provisions.

    The salient features of these amendments include the following:

    A. Tariff Order

    i  Ceilings of Rs 130 for 200 channels and Rs 160 on more than 200 channels have been removed on Network Capacity Fee (NCF) and is kept under forbearance to make it market driven as well as equitable. Service provider may now charge different NCF based on number of channels, different regions, different customer classes or any combination thereof. To ensure transparency, all such charges have to be mandatorily published by the service providers and communicated to the consumers besides reporting to the TRAI.

    ii  DPOs have now been permitted to offer discount up to 45% while forming their bouquets to enable flexibility for them in forming bouquets and to offer attractive deals to the consumers. Earlier this discount was permitted only up to 15%.

    iii  A pay channel available at no subscription fee on the DTH platform of the public service broadcaster has to be declared free-to-air by the broadcaster of the channel for all the addressable distribution platforms also so as to have a level-playing field.

    iv  DPOs have been mandated to declare tariff of their platform services.

    B. Interconnection Regulations

    i  With the proliferation of HD television sets and to encourage transmission of high-definition content, distinction between HD and SD channels has been removed for the purpose of carriage fee.

    ii  Carriage fee regime simplified and made technology neutral by prescribing only single ceiling for carriage fee, thereby, providing the DPOs with the option to charge a lesser carriage fee as deemed appropriate.

    iii  The above measures are expected to not only simplify the offerings of the service providers to the consumers but also promote the availability of high-quality channels.

    C. QoS Regulations

    i    Charges for services like installation and activation, visiting, relocation and temporary suspension which were prescribed earlier under regulation have now been kept under forbearance. DPOs have to publish the charges of their services for clarity and transparency to consumers.

    ii  Relaxation of certain regulatory compliances for small DPOs.

    iii  Duration/Term/Validity of all prepaid subscriptions to be specified in number of days only for greater clarity to the consumers.

    iv  DPOs may display Distributor Retail Price (DRP) in the electronic programme guide (EPG) along with MRP for channels.

    v  DPOs to categorise platform service channels under the genre ‘Platform Services’ in the EPG.

    vi  DPOs to display respective MRP of the platform service channel in the EPG against each platform service to ensure transparency.

    vii  DPOs provide an option of activation/deactivation of any platform service.

    D. Financial disincentives have been introduced for contravention to provisions of the Tariff Order and certain other provisions of Interconnection Regulation and QoS Regulation to ensure accountability of service providers.

    E.  Service providers publish all the information related to tariff and other charges which have now been kept under forbearance, on their websites. Moreover, they need to communicate the tariff and other charges to the subscribers, pertaining to the plans being subscribed.

    Further, the Authority also issued recommendations to MIB on certain issues covered in the consultation process. These issues include ‘Listing of channels in Electronic Programme Guide’ and transition of ‘DD Free Dish’ to an addressable system. The salient features of these recommendations are as follows:

    A.  Listing of channels in EPG:

    While giving permission to each channel, MIB to seek information from broadcasters about primary language of each channel and sub-Genre of every non-news channel as per Interconnection Regulation 2017 and display the same on Broadcast Seva portal of MIB to enable DPOs to place the channel at appropriate place in the EPG for easy navigation by the consumers, in accordance with the present regulation.

    B.  Upgradation of DD Free Dish platform to an Addressable System:

    i  In order to ensure quality of viewing experience, prevent unauthorized re-transmission of television channels to combat piracy and maintain the record of subscribers, Prasar Bharati to take steps to convert DD Free Dish platform from a non-addressable system to an addressable system and make a beginning by encrypting the signals of private satellite television channels at DD Free Dish head end before uplinking. Subsequently, all other channels of DD Free Dish may also be transmitted in encrypted form.

    ii  Public service broadcasters will be provided with the requisite exemptions of TRAI Regulations, once such notification is issued by MIB.

    iii  Prasar Bharati may utilize indigenous technologies for Conditional Access System (CAS), Subscriber Management System (SMS) and interoperable Set Top Boxes (STBs).

    iv  Prasar Bharati should adopt interoperable STBs for DD Free Dish to act as catalyst for transitioning the entire ecosystem from operator-based STBs to interoperable STBs to empower consumers’ choice. This will eliminate the need for changing STBs every time the service provider is changed.

    v  A roadmap for transition of DD Free Dish from non-addressable to addressable platform along with authorizing manufacturers and distributors by Prasar Bharati for sales and aftersales service of STBs, has been suggested to MIB.

    vi  MIB may direct private DPOs to adopt and implement interoperable STBs.

    TRAI in the present amendments, addressed those issues which were covered in the consultation paper dated 8 August 2023. However, during the consultation process for these amendments, certain other issues were also raised by various stakeholders which need to undergo a detailed consultation process for the consideration of TRAI.   These issues and suggestions have been noted and TRAI will come out with a comprehensive consultation paper shortly to address the relevant issues.

  • Television has continuously evolved from just an hour of broadcast a day to 24-hour programming: Vivek Raina

    Television has continuously evolved from just an hour of broadcast a day to 24-hour programming: Vivek Raina

    Mumbai: In a strategic move aligned with the Telecom Regulatory Authority of India’s projection of 202 million cable TV homes by 2026, Excitel aims to capitalise on converting “Dark Homes” into WiFi-enabled hubs of digital entertainment.

    For an affordable price of Rs 599 subscribers gain access to a comprehensive package that includes 21 premium OTT platforms, over 550 premium TV channels, and blazing-fast 400 Mbps internet speed. This plan not only meets but exceeds the burgeoning demands of consumers transitioning from traditional cable TV to connected TVs.

    Indiantelevision.com caught up with Excitel founder & CEO Vivek Raina where he delved more deeply into the topic of IPTV setting to transform 202 million cable TV homes by 2026 and much more…

    Edited excerpts

    On elaborating the features of Excitel’s IPTV service, particularly the inclusion of 21 premium OTTs, 550+ premium TV channels, and 400 Mbps internet speed

    The real advantage of Excitel’s IPTV service lies in its simplicity and cost-efficiency. Traditionally, consumers have had to juggle multiple subscriptions: cable or DTH services for live TV, separate internet plans, and additional OTT subscriptions for on-demand content. It’s a hassle to manage and a significant expense. With our IPTV service, we eliminate this complexity by offering a comprehensive solution that bundles live TV, OTT platforms, and high-speed internet into one seamless package. Just imagine having all your entertainment needs met through a single subscription – live TV channels, your favorite OTT content, and super-fast internet, all in one place. That’s the convenience and efficiency we’re delivering. Plus, our high-speed internet ensures that your viewing experience is smooth and enjoyable, with no buffering or lag.

    Excitel’s IPTV service is truly a one-stop solution for all your entertainment needs, reflecting our commitment to making your life easier and more enjoyable.

    On the main challenges consumers face in minimizing their home entertainment costs

    Consumers often face challenges managing multiple subscriptions for TV, internet, and OTT content, resulting in both complexity and high costs. Excitel’s IPTV service simplifies this by offering a single comprehensive package that includes live TV, OTT platforms, and high-speed internet. With everything in one place, subscribers enjoy convenience, cost-efficiency, and a seamless entertainment experience. Our commitment to providing a one-stop solution reflectsour dedication to making life easier and more enjoyable for our customers.

    On planning to reach and convert “Dark Homes” without television to WiFi-enabled homes?

    Our approach has always been forward-thinking. It all started back in April 2023 when we introduced our Smart TV plans, which were a huge hit. Building on that success, in September 2023 we offered combined Smart TV and smart projector packages. These offerings really struck a chord with customers, setting the stage for the launch of our IPTV services in February 2024. And let me tell you, it’s been a game-changer. Moving forward, we remain committed to providing affordable and relevant offers to our consumers, consistently bridging the gap and penetrating more households into the era of WiFi-enabled homes.

    On strategies you are employing to penetrate the market and achieve widespread adoption of Excitel’s IPTV service

    At Excitel, our dedication lies in putting consumers first, empowering them to expect nothing but the best. Back in 2015, while the industry was settling for 512 Kbps internet speeds, we set a new standard with 20 Mbps. Since then, we’ve continued to innovate, ensuring our services meet the varied needs of our customers at affordable prices. Our latest offering, IPTV service, bundles 300 Mbps high speed internet with access to over 21 OTT platforms and live TV in one, all designed to cater to every household through fiber to the home network while keeping costs down. We identified a gap in how Wi-Fi services were bundled and delivered, and since then we

    have been tackling that head-on to drive the widespread adoption of our IPTV service.

    On TRAI reporting India to have 202 million cable TV homes by 2026

    There was a time when people said television was dying, but this growth trend from TRAI shows that’s far from the truth. Television has continuously evolved—from just an hour of broadcast a day to 24-hour programming, to letting us watch our favorite shows before their scheduled time. Now, it’s all about being able to watch anything, anytime, on demand.

    This growth in cable TV homes will significantly impact the home entertainment industry by increasing the demand for more comprehensive and convenient viewing options, like IPTV. The expansion of television services supports the growth of IPTV, as it aligns with the trend of consumers seeking greater control over their viewing experience. We see this growth as a positive development that will revolutionize how people perceive and interact with home entertainment.

    On IMARC Group reporting India’s IPTV market size to exhibit a growth rate (CAGR) of 18.70 percent during 2024-2032

    We are absolutely aware of this trend, and it only strengthens our objectives. We’ve always known that IPTV will be a game changer in the home broadband industry. The evolving trends and people’s changing viewing habits have driven this innovation, and we firmly believe that IPTV is the future. Our aim is to revolutionize home entertainment, offering unparalleled convenience and a comprehensive solution that meets all their needs.

  • TRAI releases recommendations on ‘Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network’

    TRAI releases recommendations on ‘Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network’

    Mumbai:  The Telecom Regulatory Authority of India (TRAI) has released recommendations on ‘Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network’. Department of Telecommunications (DoT), through a letter dated 21 March 2022 requested TRAI to submit its recommendations under Section 11(1) (a) of TRAT Act, 1997 (as amended) on introducing the Calling Name Presentation (CNAP) facility in Indian Telecommunications Network.

    In this regard, TRAI issued a Consultation Paper on ‘Introduction of Calling Name Presentation (CNAP) in Telecommunication Networks’ on 29 November 2022, for soliciting comments and counter comments of stakeholders. In response, 40 stakeholders submitted their comments, and five stakeholders furnished their counter comments. An Open House Discussion on the consultation paper was held on 9 March 2023, through virtual mode.

    Based on the comments and inputs received from stakeholders and on its own analysis, TRAI has finalised its Recommendations on ‘Introduction of Calling Name Presentation (CNAP) Service in Indian Telecommunication Network’. The salient features of the Recommendations are as follows:

    a. Calling Name Presentation (CNAP) Supplementary Service should be introduced in the Indian telecommunication network.

    b. Calling Line Identification (CLI) should be redefined as identity of the calling/originating subscriber in terms of telephone number assigned as per E.164 of 1TU Recommendation/IP Address and the Calling name (CNAM) or any other identification as may be prescribed by the Licensor from time to time.

    c. All access service providers should provide Calling Name Presentation (CNAP) supplementary service to their telephone subscribers upon their request.

    d. The name identity information provided by the telephone subscriber in the Customer Application Form (CAF) should be used for the purpose of CNAP.

    e. A technical model for implementation of CNAP in Indian telecommunication network has been outlined.

    f. After acceptance of the recommendations, the Government should issue appropriate instructions for making CNAP feature available in all devices sold in India after a suitable cut-off date.

    g. The subscriber entities holding bulk connections and business connections should be given the facility of presenting their ‘preferred name’ in place of the name appearing in the Customer Application Form (CAF).

    h. The ‘preferred name’ could be the ‘trademark name’ registered with the Ministry of Corporate Affairs, or the ‘trade name’ registered with the GST Council, or any other such unique name duly registered with the Government, provided that the subscriber entity is able to present the necessary documents to prove the ownership of such name. 

  • TRAI Conducted Drive Test across cities to access telecom network quality

    TRAI Conducted Drive Test across cities to access telecom network quality

    Mumbai: TRAI (Telecom Regulatory Authority of India) with the assistance of the Telecom Service Providers, conducted Drive Tests at twenty cities, their surrounding areas and highways namely: Vellore, Kadapa, Berhampur, Thiruvananthapuram, Raigad, Bengaluru, Bhagalpur & Munger, Dibrugarh-Sivasagar-Tinsukia, Kalimpong-Jalpaiguri-Alipurdwar, PatnaMuzaffarpur-Motihari, Ajmer & Pushkar, Karnal, Moga, Korba, Sagar, Jaipur-Pushkar HW, Panipat- Ambala HW, Ja11andhar-Moga HW, Sagar-Lakhnadan HW and Korba-Raipur HW, in the quarter ending September 2023.

    The Drive tests were conducted to assess the cellular/ mobile network quality of service provided by telecom service providers, for voice and data services. The details of cities and LSAs wherein drive tests conducted, are given below.

    Location                           Licensed Service Area (LSA) 1.
    Vellore                              Tamilnadu
    Kadapa                              Andhra Pradesh
    Berhampur                       Odisha
    Thiruvananthapuram      Kerala
    Raigad                                Maharashtra
    Bengaluru                          Karnataka
    Bhagalpur-                        Munger Bihar
    Dibrugarh-                        Sivasagar- Tinsukia Assam
    Kalimpong-                       Jalpaiguri- Alipurdwar West Bengal
    Patna-                                Muzaffarpur-Motihari Bihar
    Ajmer-                                Pushkar Rajasthan
    Karnal                                 Haryana
    Moga                                  Punjab
    Korba                                 Madhya Pradesh
    Sagar                                  Madhya Pradesh
    Jaipur-                                Pushkar HW Rajasthan
    Panipat-                             Ambala HW Haryana 1
    Jalandhar-                         Moga HW Punjab
    Sagar-                               Lakhnadan HW Madhya Pradesh
    Korba-                              Raipur HW Madhya Pradesh.

    The Key Performance Indicators (KPIs) assessed for the network includes the following: I) for voice service: Coverage; Call Setup Success Rate (CSSR); Drop Call Rate; Block Call Rate, Handover Success Rate; Rx Quality. ii) For data services: Download and Upload Throughputs, Web Browsing Delay, Video Streaming Delay and Latency.

    The complete report is available at TRAI website www.analytics.trai,gov.in .

  • The monthly growth rate of subscribers is 0.37 per cent – TRAI

    The monthly growth rate of subscribers is 0.37 per cent – TRAI

    Mumbai: According to the recent TRAI ( Telecom Regulatory Authority of India) data release, total broadband subscribers increased in October 2023 to 1115 from 1108 operators in September 2023. The total broadband subscribers increased to 885 million in September 2023 whereas at the end of October 2023 was 888.27 million. The monthly growth rate of monthly subscribers is 0.37 per cent as per data provided by telecom services providers to TRAI.

    On 30 September 2023, wired subscribers were 36.87 million which increased by 1.32 per cent in October 2023 sized around 37. 35 per cent. The mobile and dongle users category also increased by 0.33 per cent from 847 million on September 23 to 849.97 million by October 23.

    In the category of fixed wireless subscribers, Wi-Fi, Wi-Max, point-to-point radio & V SAT was 0.97 per cent on September 23 which decreased by 0.95 per cent. Concluding a total number of user base it increased sharply by 0.37 per cent from 885 million on September 23 to October 23 to 888.27 million.

    A total of five service providers represented 98.35 per cent of market share at the end of October 23 including Reliance Jio, Bharti Airtel, Vodafone Idea, BSNL, and Atria Convergence.

    Market shares represented by each company separately –

    1) Reliance Jio – 462. 34 million

    2) Bharti Airtel – 252.25 million

    3) Vodafone Idea – 125. 68 million

    4) BSNL – 25. 09 million

    5) Atria Convergence – 2.21 million

    Wireline subscribers also increased from 30.97 million at the end of September 23 to 31.33 million in October 2023. The net increase in the wireline subscribers base is increased with a growth rate of 1.13 per cent. Currently, BSNL, MTNL, APSFL, and three PSUs are mainstream wireline service providers. The total number of market shares held by these 3 companies is 29.02 per cent.

    Currently, in the era of rapid digital transformation, Wireless subscribers increased from 1150.15 million at the September 23 end. Particularly in urban areas, the subscription base increased from 630.17 million and wireless subscriptions in rural areas also increased from 519. 99 million to 520.62 million at the same time. The growth rate of urban and rural wireless subscriptions was 0.003 per cent and 0.12 per cent respectively.

    Except for Uttar Pradesh, North East, J & K, Punjab, Kerala, Gujarat, Kolkata, and Himachal Pradesh, the rest Indian states showed growth in wireless subscribers. Telephone subscribers also increased from 1181.13 million on September 23 to 1182.31 million at the end of October 23.  Urban telephone subscriptions have also increased from 658. 46 million to 658.99 million at the end of October 23.

    The rural subscription has also increased from 532.65 million to 523. 32 million which is a 0.008 per cent increase in subscription base. As per TRAI data release Bharti Airtel has the maximum proportion of 99.16 per cent of its active wireless subscribers ( VLR) as against total wireless subscribers (HLR) in October 2023. The minimal proportion of VLR is 26.80 per cent of its HLE during the same period.

  • Telecommunications Bill 2023 to be tabled in Lok Sabha today

    Telecommunications Bill 2023 to be tabled in Lok Sabha today

    Mumbai: The Telecommunications Bill 2023 will be tabled in Lok Sabha on 18 December i.e today.

    The draft Telecommunications Bill released in 2023 had proposed to bring over-the-top or internet-based calling and messaging apps under the definition of telecommunications to enhance users’ safety.

    The bill had also proposed to curb the power of the Telecom Regulatory Authority of India (TRAI), on which industry players had raised concerns.

    According to media reports, the definition of telecommunications services reportedly does not include OTT and this is believed to come as a relief for WhatsApp and Telegram as these communication service providers will be out of the scope of telecom regulations.

  • TRAI extends consultation paper on ‘Regulation on Rating Framework for Digital Connectivity in Buildings’

    TRAI extends consultation paper on ‘Regulation on Rating Framework for Digital Connectivity in Buildings’

    Mumbai: Telecom Regulatory Authority of India had released consultation paper on “Regulation on Rating Framework for Digital Connectivity in Buildings or Area” on 27 September 2023, inviting comments from stakeholders, with the last date of submission of comments as 8 December 2023 and counter comments by 22 December 2023.

    Considering the request received from the stakeholder/Industry association for further extension of time for submission of comments, it has been decided to extend the last date of submission of comments by four weeks i.e. up to 5 January 2024 and counter comments by 19 January 2024.

  • TRAI extends last date of consultation paper on ‘Encouraging R&D in Telecom, Broadcasting, and IT (ICT) Sectors’

    TRAI extends last date of consultation paper on ‘Encouraging R&D in Telecom, Broadcasting, and IT (ICT) Sectors’

    Mumbai: Telecom Regulatory Authority of India (TRAI) released a Consultation Paper on ‘Encouraging R&D in Telecom, Broadcasting, and IT (ICT) Sectors’ on 22 September 2023. Initially, the last date of receiving comments from the stakeholders was fixed on 23′ October 2023 and counter comments by 6th November 2023. However, on the request of stakeholders, the last date for submission of comments and counter comments was extended upto 23 November 2023 and 7 December 2023 respectively.

    Keeping in view the request from stakeholders for further extension of time for submission of comments, it has been decided to extend the last date of submission of comments and counter comments upto 23 December 2023 and 6 January 2024 respectively.

  • TRAI extends date of consultation paper on “Digital Transformation through 5G Ecosystem”

    TRAI extends date of consultation paper on “Digital Transformation through 5G Ecosystem”

    Mumbai: The Telecom Regulatory Authority of India (TRAI) had sought comments / counter-comments of stakeholders on the consultation paper on “Digital Transformation through 5G Ecosystem” dated 29 September 2023. The last date for receiving written comments and counter-comments from the stakeholders was initially fixed as 30 October 2023 and 13 November 2023 respectively. On 30 October, TRAIfurther extended the last date for submission of written comments up to 27 November 2023 and for counter-comments up to 11 December 2023.

    TRAI has received requests from Industry Associations for further extension of timeline for submission of comments citing various reasons like difficulty in collating the essential information from the respective teams. They have also mentioned that the paper covers very important issues pertaining to the policy challenges and the right policy framework for faster adoption and effective utilisation of new technologies and they are in the process of compiling and streamlining diverse views of their members.

    Keeping in view the requests of stakeholders, it has been decided to extend the last date for submission of written comments up to 26 December 2023 and for counter-comments up to 8 January 2024.

  • “Cable TV like regulation to affect OTTs growth,” say experts on Broadcasting Bill

    “Cable TV like regulation to affect OTTs growth,” say experts on Broadcasting Bill

    Mumbai: The government’s move to regulate OTT video streaming apps like Netflix, Disney+Hotstar, SonyLiv, etc., under the Broadcasting Services (Regulation) Bill, 2023, could affect content innovation and autonomy, derailing the growth path, experts said. Content on OTTs works on a “pull model”, wherein consumers choose the content. As such, any stringent programme and advertising codes might lead to content censorship and affect the audience experience.

    Another area of concern experts cite is whether the government will bring in a pricing regime for OTT content, much like it has for television channels. The Bill also contains a provision for a Content Evaluation Committee (CEC), a self-certification body that will certify the content of broadcasters.

    “While they have brought OTTs under regulation, they have not specified how a self-certification model will work and what role the government will play,” an executive at a media and entertainment company said. He added that once the Bill becomes an Act, the Telecom Regulatory Authority of India (Trai) will be the regulator for these streaming platforms as well.

    As per the Bill, the government may prescribe the number of members in the CEC, the quorum required, and such other details to facilitate the formation of CEC and its smooth functioning.

    Besides, there will also be a government appointed body, the Broadcast Advisory Council, that will have five government members and five government-nominated independent people from media, entertainment, broadcasting, child rights, disability rights, etc., to advise the government on orders to be issued to the broadcaster or the broadcasting network operator.

    “In light of increasing scrutiny of streaming platforms such as Netflix, Disney+ Hotstar, powers assigned to the government, specifically with respect to the size, quorum, & operational details of the Content Evaluation Committee, raise censorship concerns,” said policy advocacy group Internet Freedom Foundation (IFF) in a post on X (formerly Twitter).

    Currently, the OTT platforms are regulated by the IT Rules, 2021, with guidelines for self-regulation as well as code of ethics for digital content. Such platforms do not require any licence from the government, as they are classified as TV channels and have a different model.

    “It looks like a very ambitious project to bring OTT and cable TV under one piecemeal regulation because both the platforms are different and distribute different types of content to consumers,” said The Dialogue senior programme manager – online safety and platform regulation Shruti Shreya.

    According to Shreya, while there can be basic ratings and guidelines for these OTT streaming apps, the regulation does not need to be similar to that of cable TV. The government should not hinder creativity, but should give freedom to creators as the content is at the discretion of viewers, they can refuse to watch that and have filters.

    Once the Bill becomes an Act, it would bring streaming platforms such as Netflix and Hotstar completely within the ambit of the ministry of information and broadcasting (MIB) without having to rely on the Information Technology Rules, 2021, government officials said.

    The policy experts however said that first, the Bill should clearly mention if this would supersede the IT Act and second, the government can only amend certain codes of ethics in the IT Act instead of bringing them under a new legislation.

    “The requirement for all online content creators to adhere to a ‘programme code’ requires careful consideration. The government will have to ensure that while giving a code of ethics for content, it should not give subjective terms like content should be of ‘good taste’ or ‘decency’ as they did in the IT Rules, as that leads to ambiguous interpretations,” Shreya added.

    Nandita Saikia, a tech policy lawyer said, “the Bill missed the opportunity to legally separate broadcast content and carriage”.

    “The programme and ad codes currently in force have been notoriously difficult to deal with…also contains provisions which are so subjective that it is often difficult to foretell how they’ll likely be interpreted,” Saikia said in her comments on the Bill on LinkedIn.

    Even as experts demanded clarity on codes, they applauded the government on inclusion of content accessibility provision in the Bill. This would pave the way for persons with disabilities to access the content based on their comfort and not based on the current forms, they said.