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WAVES 2025 which was to be held from February 5 to February 9 in New Delhi has been postponed. The first such event of the Ministry of Information and Broadcasting (MIB) is set to be held between last week of April and first week of May. WAVES, which focuses on four key pillars - Broadcasting & Infotainment, Digital Media & Innovation, AVGC-XR, and Films, is likely to be moved to Mumbai. 

When MIB had announced its maiden event- the World Audio Visual & Entertainment Summit (WAVES), the initiative was widely applauded by the industry. According to sources, multiple federations involved in organizing WAVES have also been informed about the development.

A source close to the development said, "The event has been postponed to April last week and May first week. MIB is awaiting clearance and response from the Prime Minister's Office. The event will be shifted to Mumbai as the film industry is largely based out of the financial capital of the country." 

Prime Minister Narendra Modi during his Mann ki Baat address compared WAVES Summit to global events like the World Economic Forum in Davos. Modi also emphasized the pivotal role of young creators in the preparations for WAVES, reflecting the dynamic spirit of India's creative community. "Whether you are a young creator or an established artist, associated with Bollywood or regional cinema, a professional from the TV industry, an expert in animation, gaming, or an innovator in entertainment technology, I encourage you to be a part of the WAVE Summit," the Prime Minister of India said while urging all stakeholders in the entertainment and creative industries to actively participate in the WAVES.

The WAVES Summit is poised to serve as a global platform for India’s creative talents, fostering collaborations and showcasing the country’s potential as a hub for world-class content creation. It will also highlight India's advancements in animation, gaming, entertainment technology, and regional and mainstream cinema. The Prime Minister’s call to action underlines the government’s commitment to nurturing India’s creative economy and solidifying its position as a global leader in media and entertainment.


Breaking: MIB's WAVES postponed, likely to be held in Mumbai

Prasar Bharati has revised its e-auction policy for DD Free Dish slots. Now High Definition (HD) channels can participate in the bidding process. The reserve price for e-auction of MPEG-4 slots for private HD channels is Rs 80 Lakhs with second slot at increment of Rs 1 Lakh for second slot. Slots for MPEG-4 will be equivalent to 40 SD as compared to 11-12 slots earlier. 

According to Prasar Bharati's e-Auction Methodology for Allotment of Slots on DD Free Dish Platform 2025 E-auction process for MPEG-4 slots will be held bucket wise, one slot at a time. E-auction will be conducted for 2 HD slots or the number of applications received whichever is less for HD channels will be e-auctioned. Only eligible HD channels can place bids.

Interestingly, in the open round for regional channels, the new methodology states that after completing e-auction for R1, R2 and R3 buckets, the Open Round e-auction will be conducted for 2 slots plus vacant slots, if any of R1, R2 and R3 buckets. All eligible unsuccessful bidders of buckets R1, R2 and R3 and yet to be launched/re-launched channels of these languages can place bids in the round. 

The eligibility criteria for channel providers participating in e-auction includes only satellite TV channels permitted/ licensed by the MIB for downlinking/distribution in India under relevant guidelines eligible for placement on DD Free Dish. 

International Public Broadcasters permitted under relevant guidelines are also eligible to participate in e-auction. The participation fee for MPEG-2 slots is Rs 1.50 crore while of MPEG-4 slots is Rs 3 Lakhs. 

This is a developing story. More details to follow.

Breaking: Prasar Bharati revises DD Free Dish auction policy, HD channels allowed to bid

The Telecom Regulatory Authority of India (TRAI) will meet multiple stakeholders on January 8 for an Open House Discussion on Consultation Paper (CP) Formulating a Digital Radio Broadcast Policy for private Radio broadcasters. TRAI had released the CP on September 30 last year. 

TRAI received 43 comments and 13 counter comments. In order to develop an eco-system, which can facilitate deployment of digital radio broadcasting, TRAI suo-motu gave its recommendations on “Issues related to Digital Radio Broadcasting in India” on 1st February 2018. 

Multiple stakeholders including Association of Radio Operators for India(AROI), Federation of Indian Chambers of Commerce & Industry(FICCI), India Cellular & Electronics Association(ICEA), The National Chamber of the Radio and Television Industry(CIRT), Mercedes-Benz India Private Limited among others have shared their comments. 

Ministry of Information and Broadcasting vide its reference dated 23rd April 2024 has sought recommendations of TRAI on formulating a digital radio broadcast policy for private Radio broadcasters. MIB has mentioned that in order to cater to technology shift, some existing provisions under FM Phase-III policy may require a relook.  MIB has also highlighted certain issues that may be considered while formulating recommendations for digital radio broadcast policy.

TRAI had also emphasized that the government should come out with a detailed policy framework for Digital Radio Broadcasting in India, which should provide detailed roadmap for rollout of digital radio broadcasting services in a time bound manner.

At present, analogue terrestrial radio broadcast in India is carried out in Medium Wave (MW) (526–1606 KHz), Short Wave (SW) (6–22 MHz), and VHF-II (88–108 MHz) spectrum bands. VHF-II band is popularly known as FM band due to deployment of Frequency Modulation (FM) technology in this band. All India Radio (AIR) - the public service broadcaster - provides radio broadcasting services in MW, SW and FM bands. Private sector radio broadcasters are licensed to transmit programs in FM frequency band (88-108 MHz) only.

Digital Radio broadcasting will provide a number of advantages over analogue radio broadcasting. The major advantage of Digital Radio broadcasting is capability of broadcasting three to four channels on a single frequency carrier, while ensuring excellent quality of audio for all the channels, whereas in the analogue mode only one channel broadcasting is possible on a frequency carrier. In a competitive environment, digital radio broadcasting can provide exciting new opportunities to radio broadcasters as well as a host of value-added-services to the listeners.

All India Radio (AIR) has initiated digitization of its analogue MW and SW radio broadcast network and replaced its existing 38 analogue transmitters with digital transmitters. AIR has conducted trials for digital radio technologies in FM band also. However, any initiative in digitization of FM band by private FM radio broadcasters is still awaited.

TRAI to hold OHD on 8 Jan for formulating Digital Radio Broadcast Policy

The Parliamentary Standing Committee convened with three industry organizations on Friday, December 20, to discuss vulgar content available on streaming platforms. The committee firmly instructed the industry bodies to address obscene content on OTT platforms, warning that the government would bring new laws to regulate such content if necessary.

The committee invited three industry organizations: the Central Board of Film Certification (CBFC), the Indian Motion Picture Producers' Association (IMPPA), and the Motion Picture Association (MPA).

The meeting, chaired by MP Nishikant Dubey, was attended by Members of Parliament Priyanka Chaturvedi, S. Niranjan Reddy, Karthikeya Sharma and others. Sanjay Jaju, Secretary of the Ministry of Information and Broadcasting; Prasoon Joshi, Chairperson of the CBFC; Uday Singh, Managing Director of the MPA; and Abhay Sinha, President of the IMPPA, spoke at length about tackling vulgarity in content.

<a href="https://www.storyboard18.com/digital/exclusive-parliamentary-committee-mib-meet-stakeholders-discuss-vulgarity-in-ott-content-51193.htm">Read more: EXCLUSIVE: Parliamentary Committee, MIB meet stakeholders; discuss vulgarity in OTT content</a>

Abhay Sinha from the IMPPA emphasized the importance and reliability of self-regulation for content creators in the OTT space, while Uday Singh of the MPA cited adherence to global standards of regulation.

Abhay Sinha of the IMPPA stated, "We have clearly communicated our stance on the issue to the committee. We will be organizing a meeting with all stakeholders in the second week of January to discuss the matter in greater detail and seek a solution to the issue raised by the government."

A source present during the meeting said, "We will engage with content creators to find a resolution. Committee members highlighted multiple instances of obscene content on OTT platforms and warned that if content creators fail to self-regulate, the government will introduce new laws to regulate OTT platforms."

The committee will again meet stakeholders to discuss the issue further. However, it is not yet clear if the Parliamentary Committee is set to also meet OTT players and their representation bodies. An OTT player on condition of anonymity said, "The Parliamentary committee should have heard to OTT players and their representation bodies. We already operate under self-regulation, with strict parental control measures." 

Recently, Mumbai Police had filed a case against Balaji Telefilms Limited, Ekta Kapoor and her mother Shobha Kapoor at MHB police station in Mumbai under section 295-A of IPC, IT Act and sections 13 and 15 of POCSO Act. The case was filed for allegedly showing obscene scenes involving minor girls in an episode of one of their OTT show Gandi Baat on ALT Balaji. 

In 2022, the Supreme Court had also slammed producer Ekta Kapoor for "objectionable content" in her web series 'XXX' and remarked that she was polluting the minds of the younger generation of India. The court made these sharp remarks while hearing her petition challenging the arrest warrant issued against the producer for allegedly insulting soldiers and hurting their families in a web series that aired on her OTT platform ALT Balaji.

Earlier in March, the Ministry of Information and Broadcasting blocked 18 OTT platforms for publishing obscene, vulgar, and in some cases, pornographic content. The banned platforms included Neufliks, X Prime, Besharams, Mood X, and Prime Play. Additionally, the government disabled public access to 19 websites, 10 apps (7 on Google Play Store and 3 on Apple App Store), and 57 social media accounts linked to these platforms.

Storyboard18 had earlier reported that OTT platforms strongly opposed content censorship, arguing that new regulations in this rapidly growing sector could impede progress and discourage investment.

An OTT platform representative, speaking anonymously, stated, "Regulations designed for traditional media cannot be applied to OTT, which is a modern, online curated content medium. Investments in original local content have grown significantly, with over 50% of entertainment spending directed toward pay TV, excluding movies and sports."

OTT platforms have argued that they already operate under self-regulation, with strict parental control measures and content designed to adhere to established standards. They claim additional regulations would complicate business operations and hinder the sector’s growth.

EXCLUSIVE: Control 'vulgarity' on OTT or we will bring a new law, Govt tells industry bodies

By Gowree Gokhale


I am deeply perturbed by the November 26, 2024 advisory issued by the Ministry of Information and Broadcasting regarding the depiction of drug consumption in content on curated content platforms. In response to such advisories, the usual arguments concerning freedom of speech, creative freedom, and other similar concerns will inevitably be raised. I will leave it to others to advocate these points. Instead, I will focus on the inherent legal flaws in this advisory.


Firstly, the advisory relies on the Code of Ethics under the Part III of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 (IT Rules), issued under the Information Technology Act, 2000, was challenged before various High Courts on multiple grounds. The Honourable Bombay High Court, in its judgment, stayed the operation of Rules 9(1) and 9(3), which mandate compliance with the Code of Ethics. Subsequently, following an order by the Supreme Court, all challenges to the IT Rules were consolidated and transferred to the Honourable Delhi High Court, where the matters are currently pending. Given that the relevant Rules are under challenge and have been stayed, it seems inappropriate to issue an advisory that relies on these stayed provisions and further seeks to take action based on them.


Secondly, the Code of Ethics does not prohibit nor specifically addresses the manner of depicting drug use. It merely requires a higher age rating for such content, and rightly so. The advisory seeks to amend the Code of Ethics by directing how drug use should be depicted. The IT Rules were framed by MeitY and MIB in 2021 after public consultation. An advisory cannot bypass the due process required for amendments, that too without any industry consultation. Moreover, it employs vague expressions like “fashionable” or “acceptable”, which are open to broad interpretation. It is also worth noting that there are several other vague expressions and provisions in the Code of Ethics.


Read More: <a href="https://www.storyboard18.com/digital/exclusive-parliamentary-committee-mib-meet-stakeholders-discuss-vulgarity-in-ott-content-51193.htm">EXCLUSIVE: Parliamentary Committee, MIB meet stakeholders; discuss vulgarity in OTT content</a>


Thirdly, it is absurd to suggest that anyone who depicts drug use in entertainment content is ‘abetting’ the offence of drug sale or consumption under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). I do not even need to reference court precedents on this; it is simply common sense. Can we say that a producer who has never met or connected with a drug dealer is abetting the commission of an offence by them? The entertainment industry already faces criminal cases against executives based on flimsy grounds. This advisory may lead to even more legal trouble for the industry.


Fourthly, the advisory concludes by stating that the industry is invited to comply “voluntarily”, but if it does not, it may face consequences under the IT Rules or the NDPS Act. Such an ‘advisory’, which seeks to have the effect of law, is clearly outside the bounds of the rule of law.


Read More: <a href="https://www.storyboard18.com/digital/parliamentary-committees-ott-meet-stakeholders-to-discuss-censorship-at-2pm-51115.htm">Parliamentary Committee's OTT Meet: Stakeholders to discuss 'censorship' today</a> 


The advisory suggests that the OTT industry produce educational documentaries. While the government may certainly request various industries to assist in public awareness campaigns, and industries, as responsible corporate citizens, should help where they can, the tone of the advisory suggests that failure to comply may result in punitive measures.


It has become fashionable to blame the entertainment industry for societal vices. However, there is no empirical evidence to support the claim that viewing content leads to the consumption of tobacco, alcohol, or drugs.


Read More: <a href="https://www.storyboard18.com/how-it-works/regulating-otts-comes-under-preview-of-ib-ministry-says-jyotiraditya-scindia-50909.htm">Regulating OTTs comes under purview of I&B ministry, says Jyotiraditya Scindia</a> 


While it is important to address the very real issue of drug abuse in society, the approach taken in this advisory is flawed both legally and practically. The reliance on stayed rules, the attempt to amend the Code of Ethics through an advisory, and the vague language all raise serious concerns. The entertainment industry should not be unfairly burdened with the responsibility of controlling drug abuse, especially when there is no clear link between content depiction and actual drug consumption. It is crucial for the government to focus on more effective and evidence-based solutions, rather than creating an environment of fear and uncertainty within the creative industry.


Gowree Gokhale is an independent legal counsel and advisor

OTT Regulation: Understanding the drug depiction advisory through a legal lens

The Parliamentary Standing Committee on Communications and Information Technology convened at 3 PM today to engage with multiple stakeholders on the regulation of content on OTT platforms. The committee deliberated on concerns regarding the vulgarity of content streamed on these platforms. Industry bodies will now meet OTT platforms responsible in creating content to address the issues raised by the government.

The committee invited three industry organizations—the Central Board of Film Certification (CBFC), the Indian Motion Picture Producers' Association (IMPPA), and the Motion Picture Association (MPA)—to discuss challenges related to OTT content. The committee plans to reconvene for further discussions and to seek solutions from stakeholders.

The meeting was chaired by Nishikant Dubey, with presence of other included Members of Parliament Priyanka Chaturvedi, S. Niranjan Reddy, and Karthikeya Sharma, in attendance. Sanjay Jaju, Secretary of the Ministry of Information and Broadcasting; Prasoon Joshi, Chairperson of the CBFC; Uday Singh, Managing Director of the MPA; and Abhay Sinha, President of the IMPPA, spoke extensively about addressing vulgarity in content. The two hour long meeting started at 3pm. 

An industry representative present at the meeting, speaking on condition of anonymity, remarked, "The committee raised an important issue about vulgar content on OTT platforms. We will engage with content creators across all platforms to discuss and find a solution."

The representative further added, "Involving OTT platforms is essential to effectively manage and control vulgar content. The committee also highlighted that 18 OTT platforms were banned in 2024 due to explicit content. The government is pretty serious to address the issue of vulgar content available on OTT platforms. We will meet the OTT platforms and discuss the issue and suggest a solution to the committee."

Earlier in March, the Ministry of Information and Broadcasting blocked 18 OTT platforms for publishing obscene, vulgar, and in some cases, pornographic content. The banned platforms included Neufliks, X Prime, Besharams, Mood X, and Prime Play. Additionally, the government disabled public access to 19 websites, 10 apps (7 on Google Play Store and 3 on Apple App Store), and 57 social media accounts linked to these platforms.

Storyboard18 had earlier reported that OTT platforms strongly opposed content censorship, arguing that new regulations in this rapidly growing sector could impede progress and discourage investment.

An OTT platform representative, speaking anonymously, stated, "Regulations designed for traditional media cannot be applied to OTT, which is a modern, online curated content medium. Investments in original local content have grown significantly, with over 50% of entertainment spending directed toward pay TV, excluding movies and sports."

OTT platforms have argued that they already operate under self-regulation, with strict parental control measures and content designed to adhere to established standards. They claim additional regulations would complicate business operations and hinder the sector’s growth.

EXCLUSIVE: Parliamentary Committee, MIB meet stakeholders; discuss vulgarity in OTT content

The Telecom Regulatory Authority of India (TRAI) held an Open House Discussion (OHD) on Friday, engaging multiple stakeholders regarding the consultation paper for the regulatory framework for Ground-Based Broadcasters (GBBs). Stakeholders emphasized that GBBs should be treated on par with Satellite-Based Broadcasters (SBBs).

The consultation paper, released by TRAI on October 18, invited stakeholders to submit written comments until November 15 and counter-comments by November 29. Its scope was limited to developing a regulatory framework for ground-based broadcasting services, including the technologies to be permitted and any conditions or restrictions for providing their channels to Distribution Platform Operators (DPOs).

The paper defined broadcasters using satellite-based communication as SBBs and those employing terrestrial communication as GBBs. However, many stakeholders expressed concerns about the definition of terrestrial communication and urged TRAI to clarify the terms for GBBs in the consultation paper.

The consultation paper highlighted that GBBs could leverage advanced technologies like cloud-based platforms, broadband networks, and fiber technology to distribute content to DPOs efficiently. These platforms enable broadcasters to store, manage, and deliver content seamlessly via the Internet, offering flexibility and scalability in content distribution.

The News Broadcasters and Digital Association (NBDA) warned that while GBBs have the potential to diversify broadcasting, allowing them to operate without a well-defined regulatory structure could undermine competitive fairness. They noted that satellite broadcasters are already subject to stringent regulatory standards, including permissions, content guidelines, and operational transparency.

Anil Kumar Malhotra of ZEEL, representing NBDA, stressed the importance of consistent regulations across all broadcasting mediums. "Regulations should ensure that the content consumed on TV screens, regardless of the delivery medium—be it cloud or satellite—remains compliant with established guidelines to avoid misleading or inappropriate content," he said.

Rajiv Khattar, an independent consultant, advocated for a unified definition of broadcasting that is technology-agnostic. He emphasized that future advancements, such as terrestrial technology, should be integrated into a single framework covering regulations, licensing, and operational guidelines.

Debashish Bhattacharya, Senior Deputy Director General of Broadband India Forum, argued for a common definition of broadcasting based on its function rather than its medium. "A broadcaster is defined by its act of communicating with the public, irrespective of whether the transmission medium is terrestrial or satellite," he stated.

In contrast, the All India Digital Cable Federation (AIDCF) called for clear distinctions between GBBs and SBBs, asserting that their definitions should reflect their transmission mediums. AIDCF also raised concerns about OTT platforms like Yupp TV, Samsung TV Plus, and Tata Play, which provide live channels seemingly outside the scope of existing guidelines, effectively functioning as GBBs.

Manoj Chhangani, Secretary General of AIDCF, urged TRAI to include live channel distribution via OTT platforms in the GBB regulatory framework to ensure a level playing field with traditional Pay TV operators.

Rabindra Narayan, Managing Director of PTC Network, called for unified laws for all broadcasters to avoid complexities and ensure fair compliance. He also advocated for equal fee structures across all broadcasting platforms.

Bhattacharya of BIF proposed parity in regulatory fees between GBBs and SBBs, suggesting an annual fee of ₹7 lakhs for both. He also recommended relaxing net worth requirements to lower entry barriers for smaller players. Additionally, he proposed less stringent regulations for regional or state-level GBBs to encourage local content creators and entrepreneurs.

Give equal treatment to ground based and satellite broadcasters: Stakeholders tell TRAI

The Parliamentary Standing Committee on Communications and Information Technology will meet multiple stakeholders at 2pm today to discuss OTT platform's content regulation. The Parliamentary committee has invited three industry bodies—the Central Board of Film Certification (CBFC), the Indian Motion Picture Producers' Association (IMPPA), and the Motion Picture Association (MPA)—to discuss issues surrounding OTT content.

The committee, chaired by Lok Sabha member Nishikant Dubey, is set to deliberate on the topic, "Emergence of OTT Platforms and Related Issues," on November 20. Sources familiar with the matter have expressed concerns about the government’s stance on regulating OTT content. However, OTT platforms have not been invited to share their perspectives on content censorship.

Ashwini Vaishnaw, Minister for Information and Broadcasting on OTT content had said, “The cultural sensitivities of India vastly differ from those of the regions where these platforms were created. This makes it imperative for India to make existing laws more stricter and he urged everyone to come to a consensus on this matter.

The Minister had also urged the Parliamentary Standing Committee to take up this important matter issue as a priority. “There should be societal consensus on it, along with stricter laws to address this challenge” he said.

OTT platforms have strongly opposed content censorship, arguing that new regulations in this rapidly growing sector could hinder progress and deter investment. An OTT platform representative, speaking anonymously, commented, “Regulations designed for traditional media cannot be applied to OTT, which is a new-age, online curated content medium. Investments in local original content have grown exponentially, with over 50% of entertainment spending going toward pay TV, excluding movies and sports.”

The stakeholders also noted that telecom operators have greatly benefited from the industry, as OTT content drives over 70% of data traffic. OTT platforms emphasize that their content is accessed by subscriber choice, unlike broadcast content, which is actively pushed to audiences.

According to VODLIX report, globally, the OTT market is on a steep upward trajectory. By 2027, OTT earnings are expected to exceed $476 billion. The U.S. is leading this charge with projected revenues reaching $126.5 billion in 2023 alone. Meanwhile, India's OTT market is set to grow from $3.67 billion in 2023 to $5.25 billion by 2027, underscoring the global appeal and expansion of OTT services.

Another OTT player noted that government is deliberately trying to regulate OTT platforms which is still in its nascent stage. “The government’s aspiration to become a global leader could be undermined by such regressive policies. OTT platforms are key vehicles for promoting Indian culture and creativity on global stages.”

A spokesperson for an OTT platform added, “OTT platforms are already self-regulated, with strict parental control guidelines and content tailored to meet these standards. Additional regulations would complicate business operations and hinder the sector’s growth.”

The Indian government has banned as many as 18 OTT services or platform in 2024, for publishing content that was obscene, vulgar and pornographic, according to Minister of State for Information & Broadcasting, L Murugan.

In March this year, the Ministry of Information & Broadcasting (I&B) had blocked 18 OTT platforms publishing obscene, vulgar, and, in some instances, pornographic content. The list included Neufliks, X Prime, Besharams, Mood X and Prime Play. The government had also disabled public access to 19 websites, 10 apps (7 on Google Play Store, 3 on Apple App Store), and 57 social media accounts associated with these platforms.

Parliamentary Committee's OTT Meet: Stakeholders to discuss 'censorship' today

The News Broadcasters and Digital Association (NBDA) strongly during the Open House Discussion opposed Telecom Regulatory Authority of India's (TRAI) consultation paper on ‘Framework for Service Authorisations for provision of Broadcasting Services under the Telecommunications Act, 2023.’ NBDA urged TRAI to withdraw its consultation paper or limit its extent to DTH and IPTV players. 

NBDA in its response to TRAI pointed out that Telecommunications primarily facilitates data and voice carriage, while broadcasting is content focused, subject to distinct content codes and self-regulatory bodies like NBDSA, ASCI, and BCCC. 

NBDA also stated that the telecommunication relates to person-to-person communication, while broadcasting disseminates programming to a general audience. Conflating the two disregards the unique nature of broadcasting. Including broadcasting within telecommunications would impose additional licensing requirements, further complicating an already heavily regulated sector.

Rajkumar Varier, of ABP Network and representing NBDA during the Open House Discussion stated, “As of today, the section 3 and 4 under the new Telecom Act is only for the purpose of DTH and IPTV that the telecom license is issued. In 2022, when first draft of the Telecom Bill mentioned broadcast had led to a lot of protests by all the broadcasters saying that broadcast is not telecommunications. Broadcasters are not falling under the definition of telecommunications.” 

Varier highlighted that definition specifically removed broadcast and OTT from the definitions. “This issuance of this consultation, including all, whether television programming services, whether television distribution services may be right to the limited extent of DTH and IPTV.” 

Varier added, “My humble request is that as far as broadcast services is concerned, this consultation should be withdrawn to that extent because it can only be at best applicable for a DTH and IPTV. Whereas broadcast services is more in the nature of exercise of freedom of speech and expression under the constitution. It can never be stated that the freedom of speech and expression would now be a licensed activity by the government.” 

NBDA had pointed out that the consultation paper’s assumptions about broadcasting’s classification within telecommunications appear both unfounded and counterproductive, given prior legislative and consultative efforts to maintain their separation.

NBDA said, “There is no rationale to include broadcasting services under telecommunication services and the distinct identity of broadcasting services should be maintained. The broadcasting industry is dependent on human creative abilities whereas the telecommunication industry is driven by technical advancements and technology.”

NBDA reiterated that TRAI should suspend this consultation and, instead, assist in developing broadcasting-specific legislation that would more appropriately address the unique needs of the broadcasting sector. 

NBDA urges TRAI to withdraw its consultation paper

The Open House Discussion (OHD) held by the Telecom Regulatory Authority of India (TRAI) on Wednesday faced strong opposition from broadcasters, who urged TRAI to limit its recommendations to the carriage-related aspects of broadcasting. TRAI officials also heard comments and counterarguments regarding the inclusion of over-the-top (OTT) platforms under its regulatory framework.

The discussion focused on the Consultation Paper on the Framework for Service Authorizations for the Provision of Broadcasting Services under the Telecommunications Act, 2023. Many stakeholders strongly opposed the consultation paper, arguing that TRAI’s recommendations should be restricted to the carriage-related aspects of broadcasting.

On October 30, TRAI issued the consultation paper, seeking comments and feedback from stakeholders. In its submission, the Indian Broadcasting and Digital Foundation (IBDF) argued that the proposed authorization framework exceeds TRAI’s jurisdiction by attempting to regulate content through licensing conditions.

Stakeholders, including the Indian Broadcasting and Digital Foundation (IDBF), News Broadcasters and Digital Association (NBDA), and the Federation of Indian Chambers of Commerce and Industry (FICCI), had strongly opposed TRAI's recommendation to bring broadcasting services under the authorization regime of the Telecommunications Act, 2023.

Siboney Sagar, a leading expert in regulatory, public policy, and telecom, media, and technology laws representing IBDF, stated, “We humbly submit that it would be inappropriate to conflate broadcasting and telecommunications. TRAI must acknowledge the clear distinction between these domains, where content regulation falls under the Ministry of Information and Broadcasting (MIB) while carriage-related aspects are managed by TRAI, in order to uphold constitutional laws and freedom of speech.”

Sanjay Agarwal from Times Network, representing NBDA, added, “A separate identity must be maintained. Content and carriage aspects should remain distinct. Convergence of broadcasting services into telecommunications is not appropriate, and we urge TRAI to refrain from creating such a framework. Bringing 350 broadcasters under TRAI’s regulatory umbrella lacks rationale.”

Debashish Bhattacharya, Deputy Director General of BIF, emphasized, “The deliberate omission of broadcasting services from the Telecommunications Act reflects a clear legislative intent to exclude broadcasting from its regulatory scope. This omission acknowledges that broadcasting operates under a distinct legal and regulatory framework, separate from telecommunication services.”

Bhattacharya further explained, “The Telecom Act’s regulatory role, at best, encompasses the carriage aspect of broadcasting—specifically the transmission of signals and spectrum allocation. However, content regulation remains outside TRAI’s purview and should continue to be overseen by the MIB.”

Bhattacharya also noted, “The MIB has historically granted licenses, permissions, or registrations to broadcasting service providers. It is essential that under the new regime, the contractual nature of these licenses remains intact, even if they are rebranded as ‘authorizations.’”

Bringing OTT Platforms Under TRAI's Regulatory Framework

Rahul Vatts, Chief Regulatory Officer of Bharti Airtel Limited, remarked, “Incorporating DD Free Dish under the same regulatory framework as other DTH operators would ensure market sustainability. The rights of broadcasting service providers under existing license agreements must be protected, regardless of the final decisions regarding broadcasting licenses. Digital platforms (OTT) delivering broadcast content via broadband or mobile should be brought under an authorization or licensing framework.”

Vatts added, “Any platform offering content similar to that of regulated distribution platforms should be subject to the same regulatory framework, regardless of technology, adhering to the principle of ‘Same Service, Same Rules.’ While the MIB governs content rules for OTT platforms, TRAI must regulate the carriage aspect of their content delivery.”

Vatts also highlighted the availability of live content on OTT platforms, arguing that the distinction between push and pull content is misleading.

Countering this perspective, Bhattacharya of BIF stated, “OTT services differ significantly from broadcasting services, as OTT content is delivered via the internet, unlike broadcasting services. The principle of ‘Same Service, Same Rules’ does not apply here. Television and radio push content to viewers, while OTT platforms provide pull content. Subscribers actively choose what they wish to watch, when to watch it, and on which device. Content is not ‘pushed’ to OTT users as it is in broadcasting.”