Nasscom’s feedback on treatment of OTT video services vis-a-vis Broadcasting Bill, 2023

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Nasscom’s feedback on treatment of OTT video services vis-a-vis Broadcasting Bill, 2023

Sudipto

@Sudipto

October 23, 2024

Public Policy

In 2023, the Government introduced the Broadcasting Services (Regulation) Bill, 2023 (Bill 2023). The Bill 2023, for the first time, aims to incorporate on-demand, curated content services like over-the-top video services (OTT) into the broadcasting framework. Nasscom has given its feedback on the Bill 2023, where we have recommended that there is no need for including OTTs within the scope of a broadcasting law.

Earlier this year (2024), the Government issues a revised bill which was later withdrawn. Thereafter, the Government solicited inputs from the industry basis which they plan to issue a fresh draft. The last date for providing inputs was October 15, 2024.

In this representation, we have analysed the recommendations of the Standing Committee on Communications and IT (Standing Committee) that a regulatory approach can remove the existing content and regulatory disparities between the broadcasting and OTT sector and thereby, create a level field. In our analysis, without considering the nuances of OTT sector, such recommendation can have severe unintended consequences, like impact on the booming creative OTT economy and most importantly, on freedom of speech and expression. Moreover, the existing regulatory mechanism for OTTs appears to be sufficient and robust.

We submitted that, a pivot in regulatory approach without a clear demonstration of existing shortcomings or emerging challenges, is unwarranted.

Instead, if needed, the Government may consider revisiting the tariff orders (like, price caps on channels) applicable to cable TV industry and re-examine the existing programme code and advertisement code, with a view to identify clear gaps. This exercise should ideally be rooted in evidence and experience.

Finally, given one of the objectives of the 2023 Bill was to streamline the existing regulatory framework for broadcasting services, the Government may approach the need for legislation with this narrow objective. In such a scenario, the approach should be to identify core principles based on which certain base-line standards for programme and advertisement code may be created with sufficient flexibility for different mediums of content distribution. In other words, any such legislative exercise should consider the nuances and distinct characteristics of emerging mediums of content distribution, like OTTs.

Please see below attachment for our detailed representation to the MIB.

Should you have any queries on the above subject, please write to sudipto@nasscom.in with a copy to policy@nasscom.in.

broadcasting OTTs MIB

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Sudipto