Broadcast Regulation 3. o, Commissions and Omissions

Positive Provisions

• The bill obliges broadcasting network operators and broadcasters to maintain records of subscriber data and subject this to periodic external audits, promoting transparency and accountability.
• The bill seeks to standardize audience measurement and rating data sales, bringing transparency to the opaque value chain of the cable and satellite television business.
• The provision to permit private actors in terrestrial broadcasting will encourage competition with Doordarshan, the state broadcaster, fostering diversity and innovation.

Concerns

• The bill's inclusion of OTT content suppliers in the definition of broadcasting services raises concerns about regulatory overlap and potential overreach.
• The bill's expanded definition of broadcasting and the proposed Content Evaluation Committee could restrict the ability of independent news outlets to operate freely and self-regulate their content.
• The bill's lack of measures to address cross-media and vertical ownership could lead to further concentration of media power and limit diversity of viewpoints.
• The bill's failure to establish an independent broadcast regulator as recommended in previous proposals raises concerns about government interference and lack of oversight.
•  The bill grants the government sweeping powers to inspect broadcasters, impound equipment, and curtail broadcasting without due process, raising concerns about press freedom.

Silences on Ownership Issues in the Broadcasting Bill

• Despite its positive aspects, the Broadcasting Bill maintains two crucial silences, particularly regarding ownership matters.
• Similar to the TRAI paper, the Bill does not address issues of ownership within the media landscape.
• While it outlines a methodology for audience measurement, it neglects to measure the extent of cross-media and vertical ownership, both of which can potentially limit diversity in the news marketplace.
• TRAI had previously highlighted the issue of extensive cross-media ownership, emphasizing the need for a system to capture and regulate such arrangements.

Challenges of Cross-Media Ownership

• The absence of regulations on cross-media and vertical ownership is concerning.
• Instances of cross-media ownership between newspapers and news broadcasters, particularly through indirectly owned affiliates, have been noted.
• Some news outlets, despite their own cross-media interests, express apprehension about telecom companies making inroads into broadcasting.
• Such inroads introduce an additional layer of vertical integration, with cable and DTH distributors indirectly owning news broadcasters.
• Both forms of vertical integration pose risks to the audience's ability to access diverse news sources, potentially limiting the range of viewpoints available.

Lack of an Independent Broadcast Regulator

• Another notable omission in the Bill is the absence of provisions for an independent broadcast regulator, a concept previously suggested in TRAI's paper.
• This idea has historical roots, having been proposed in the 'airwaves' judgment of 1995, the 1997 Broadcasting Bill, and reiterated in the 2007 iteration of the Bill.
• Instead of an independent regulator, the Bill proposes a 'Broadcast Advisory Council' tasked with examining viewers' grievances and violations of the Programme Code and Advertisement Code.
• This raises concerns on two fronts: first, the Council's capacity to effectively address grievances from over 800 million TV viewers, and second, the lack of autonomy granted to this body, as the Bill empowers the Central government to make final decisions based on the Council's advice.

The Telecom Regulatory Authority of India (TRAI) is a statutory body under the Ministry of Communications, Government of India, that regulates the telecommunications sector in India. It was established in 1997 under the Telecom Regulatory Authority of India Act, 1997.

Functions of TRAI

• To regulate the telecommunications sector in India, including the issuance of licenses, the determination of tariffs, and the resolution of disputes.
• To protect the interests of consumers of telecommunications services.
• To promote the development of the telecommunications sector in India.
• To coordinate the work of different agencies involved in the telecommunications sector.

Powers of TRAI

• Issue licenses to telecommunications service providers.
• Determine the tariffs that can be charged by telecommunications service providers.
• Regulate the quality of service provided by telecommunications service providers.
• Resolve disputes between telecommunications service providers and their customers.
• Impose penalties on telecommunications service providers that violate TRAI's regulations.

Role of TRAI in the Indian telecommunications sector

• Promoting competition in the telecommunications sector.
• Making telecommunications services more affordable for consumers.
• Expanding the reach of telecommunications services to rural areas.
• Introducing new technologies and services in the telecommunications sector.

Recent initiatives of TRAI

• Launching the National Broadband Mission to provide high-speed broadband access to all citizens.
• Promoting the adoption of 5G technology in India.
• Encouraging the development of new applications and services based on emerging technologies such as artificial intelligence and the Internet of Things.

Over-the-top (OTT) services refer to media services delivered through the Internet, bypassing traditional cable, satellite, or terrestrial television platforms. OTT services offer a wide range of content, including movies, TV shows, music, and live streaming. They have become increasingly popular in recent years due to their flexibility, affordability, and wide selection of content.

Examples of OTT Services

• Streaming services: Netflix, Hulu, Amazon Prime Video, Disney+, HBO Max
• Music streaming services: Spotify, Apple Music, Deezer, Tidal
• Live streaming services: YouTube Live, Twitch, Facebook Live
• Audio streaming: Audible, TuneIn, Stitcher, Pandora
• Gaming: Xbox Game Pass, PlayStation Now, Stadia

Characteristics of OTT Services

• OTT services deliver content directly to users' devices via the Internet, eliminating the need for traditional cable or satellite subscriptions.
•  OTT services offer both on-demand content, which can be watched at any time, and live streaming, which allows users to watch events as they happen.
• OTT services can be either subscription-based, where users pay a monthly fee for unlimited access to content or ad-supported, where users watch content for free in exchange for viewing advertisements.

Benefits of OTT Services

• OTT services offer users the flexibility to watch content whenever and wherever they want.
• OTT services are often more affordable than traditional cable or satellite subscriptions.
•  OTT services offer a wide range of content, including movies, TV shows, music, and live streaming.
•  OTT services do not require users to have cable or satellite subscriptions.

Challenges of OTT Services

• OTT services require a stable and reliable Internet connection.
• The proliferation of OTT services has led to content fragmentation, making it difficult for users to find the content they want.
• The OTT market is highly competitive, with new services being launched all the time.

Impact of OTT Services

OTT services have had a significant impact on the media industry. They have led to a decline in traditional cable and satellite television subscriptions, as more and more people are turning to OTT services for their entertainment needs. OTT services have also given rise to new forms of content creation and distribution.

4. The National Broadcasting Policy 2023

5. Conclusion