September 7, 2007

Consultation on IPTV content control laws in India

by Lin Freestone

The broadcast regulator in India, TRAI, has proposed that the content of Internet Protocol Television channels should be regulated by the same laws that are applicable to the existing television channels.

The Telecom Regulatory Authority of India has issued a position paper, which also observes that both telecom service providers with triple play licences and cable TV operators can provide IPTV service without requiring any further licence or registration. The content will be regulated under up-linking or down-linking guidelines issued by Ministry of Information and Broadcasting.

TRAI's paper seeks to address various contentious issues concerning the new IPTV technology, which enables users to watch television channels through Internet. The regulator is inviting public comments on its paper up to a deadline of 20 September 2007.

The regulator has suggested that there should be no bar on broadcasters or content providers to provide content to IPTV service providers. It is suggested that violation of licence terms by the broadcaster, telecom or cable operators should be dealt with by respective agencies responsible for administering laws.

Being broadcast through the telecom network, IPTV so far remains outside of any law governing the content of channels. Laws are more difficult to apply on IPTV as it is based on internet, can be launched from anywhere in the world and can show any channel, including the banned ones.

The lack of clarity on content control and foreign direct investment norms in this new broadcasting platform has led to a tussle between telecom operators and broadcasters. While broadcasters are governed under the Cable Television Network Regulation Act, 1995 for the purpose of content control, telecom operators do not come under such laws.

 

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