Regulatory Concerns about Broadcasting and OTTs

Broadcasting, either through radio or TV, goes much beyond entertainment. Broadcasting could be a source of information, knowledge and education. The governments all over the world thus take advantage of broadcasting to reach the public.

India is considering the National Broadcasting Policy. The government has proposed the Broadcasting Services Regulation Bill (which it has withdrawn). India should produce broadcasting content not only for domestic consumption but for international audiences. We should develop technical skills in production — animation, VFX and other emerging areas.

Apart from broadcasting, the audiences receive content through the OTT (over-the-top) platforms such as Netflix, Amazon Prime and Hotstar. OTTs are functionally different from traditional broadcasting. TV and radio have a dedicated infrastructure of cable or satellite. OTTs send data over ‘ the application layer’ in IP networks, just like any other information transmission over the internet.

Traditional broadcasting and OTT markets are at different stages of development. Traditional broadcasting celebrated its golden jubilee whereas OTTs are only a decade old. It is a sunrise sector.

TV is a family bonding device, whereas OTTs cater to individuals enjoying content on their smartphones. OTTs could be seen at any place and time of their choice. TV has appointment viewing. Since their maturity levels are different, the regulatory approaches too should be different.

OTTs benefit network operators and telecom by providing valuable data traffic. In fact, they strengthen the operators financially.

Digital media falls under the Ministry of Electronics and IT. The IT Act, 2000 and IT Rules, 2021 govern the intermediaries. OTT platforms inclusion under broadcasting is uncalled for.

There is carriage regulation for content delivery, and there is content regulation. It protects public sensibilities and values. Both these require different approaches. There should be separate regulations for each area. The Ministry of Information and Broadcasting too reaffirmed this point.

The Indian OTT market is expected to reach $3.22 billion by 2025. The video market will grow to $13 billion by 2028. There is capital investment in this area. India should emerge as a digital media powerhouse.

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