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On the occasion of Global Accessibility Awareness Day, Disney Star in association with India Signing Hands (ISH), announces the availability of an Indian Sign Language (ISL) feed for the upcoming ICC Men’s T20 World Cup, starting June 2. This will be applicable for 10 matches including the India matches, semi-finals and finals. 

The company will also support an audio descriptive feed, along with the ISL feed on Disney+ Hotstar and Star Sports Network. This is the first time that the ICC Men’s T20 World Cup will be broadcast with sign language and descriptive commentary making cricket more immersive for its deaf, hard-of-hearing and visually impaired users, stated the company.


Commenting on Disney Star’s initiative, Anurag Singh Thakur, Minister of Information & Broadcasting and Youth Affairs & Sports, Government of India said, “I commend Star Sports and Disney+ Hotstar for introducing Indian Sign Language and Audio Descriptive commentary during the ICC Men’s T20 World Cup 2024. The Government of India is committed to creating an inclusive society and I strongly believe that this initiative will enhance the viewing experience for millions of differently abled sports enthusiasts.”

 
Sajith Sivanandan, head, Disney+ Hotstar India, said, "We are thrilled to embrace accessibility features making the ICC Men's T20 World Cup available to more fans of the sport. This underscores our commitment to promote inclusivity and serve all users. With these enhancements, we aim to ensure that the excitement of cricket knows no bounds."

 
Sanjog Gupta, head - Sports, Disney Star said, “The descriptive and Indian sign language feeds on Star Sports during Tata IPL 2024 were met with an overwhelming response. Disney Star is extending this endeavour to make cricket fandom and experiences more inclusive by introducing, for the first time ever, these feeds on the ICC Men's T20 World Cup. Our mission of serving sports fans is powered by such pioneering initiatives which seek to remove barriers of access and engagement for fans from all walks of life. The initiative also serves to present a more inclusive picture of India's favourite sport and is of immense pride for the sporting fraternity."


Alok Kejriwal, founder and chief executive officer, India Signing Hands (ISH News), said, “This feed has fostered the love of cricket into so many differently abled individuals during IPL. With Disney Star continuing this initiative for the ICC Men’s T20 World Cup 2024 at a larger scale with both Star Sports Network and Disney+ Hotstar supporting this feed, I am confident that it will open doors to the exciting world of cricket to many more people from the Deaf and Visually Impaired communities. This collaboration is really close to my heart since it makes the sport truly accessible and inclusive."


The ISL feed will provide a comprehensive ball-by-ball update through the presence of a translator on the live stream. The audio descriptive feed will be complemented by voice-over technology for specific pages, which can render text and images into a speech output, enabling visually impaired users to easily navigate through the Disney+ Hotstar app.


According to the World Health Organization, with an estimated 63 million community of deaf and 40 million community of visually impaired individuals in India, the need for inclusive entertainment is undeniable. After successfully introducing these features for the 2024 season of the Indian Premier League (IPL) on Star Sports Network, Disney Star will make it available for all the India matches along with the semi-finals and finals of the ICC Men’s T20 World Cup on both Disney+ Hotstar and Star Sports Network, giving its users the freedom to watch on either of the platforms, at the comfort of their homes or on-the-go.


Read More: <a href="https://www.storyboard18.com/how-it-works/disney-star-surpasses-50-crore-mark-in-audience-reach-for-tata-ipl-2024-31196.htm">Disney Star surpasses 50 crore mark in audience reach for Tata IPL 2024</a>

ICC Men's T20 World Cup 2024: Disney Star to include an Indian sign language and audio descriptive feed

Bharti Airtel (“Airtel”) announced that Airtel Xstream Play, the OTT aggregator service with over five million paid subscribers, has partnered with Sun NXT, a leading video streaming platform, owned and operated by the Sun TV Network Limited.

Airtel Xstream customers can now enjoy Sun NXT’s 50,000+ hours of content that include exciting titles across blockbuster movies, exclusive series, TV shows, live TV, kid’s content and more in a whole host of languages from Tamil to Telugu, Kannada, Malayalam, Bangla and Marathi. Users can enjoy content from across 23 content apps on Airtel Xstream making it one of the largest bouquets of OTT content aggregated on a single app in India.

It also offers the features such as single subscription, single sign-in, unified content search and AI driven personalised curation for each user with users being able to access Airtel Xstream Play across devices including mobiles, tablets, laptops through the app or web and on large screens.

Some of the other apps on Airtel Xstream Play include Sony LIV, Lionsgate Play, Chaupal, Hoichoi, FanCode, ManoramaMax, ShemarooMe, Alt Balaji, Ultra, ErosNow, EPICon, Docubay, and Playflix amongst many others.

Airtel Xstream Play strengthens regional content library, partners with Sun NXT

Prime Video has launched MGM+ on Prime Video Channels. MGM+ offers an extensive selection of entertainment including critically acclaimed and popular series, blockbuster movies and timeless classics primarily from the Hollywood studio, MGM. Prime members can purchase an annual add-on subscription to MGM+ at a special price of ₹599 per year.


With an add-on subscription to MGM+ on Prime Video Channels, Prime members can enjoy a vast slate of multi-genre content offerings including classic and cult-favourite movies like Legally Blonde, Hercules, The Prodigy, The Silence of the Lambs, The Girl with the Dragon Tattoo, Robocop, The Vow, Child’s Play, Death Wish, and more, along with much-loved series like Stargate SG-1, Stargate Atlantis, Teen Wolf, Get Shorty, among others. 


“We're thrilled to launch MGM+ as a Channel for our customers in India, offering an extensive library of blockbuster, much-loved, and premium content at a single destination – Prime Video. Since launch, our objective with Prime Video Channels has been to provide our customers with increased choice, improved accessibility and greater convenience of watching their favourite content all within a single app,” stated Vivek Srivastava, Head – Prime Video Channels, Prime Video, India. “In a short span of time, Prime Video Channels has offered increased reach to both local and global streamers to expand their footprint in India, allowing them to connect with a vast and diverse audience across the country. We are certain that with its vast library of iconic movies and series, MGM+ will entertain and delight Indian customers.” 


“We're excited to partner with Prime Video India to deliver exceptional entertainment to Indian audiences through MGM+” remarked Michael Katzer, head of MGM+ International. “The streaming service brings a huge range of premium quality, successful movies, much-loved series as well as ageless classics, spanning multiple genres including sci-fi, suspense, action-thriller, romance, and much more. The expansion of MGM+ in India further cements Amazon’s commitment to invest in and grow the MGM+ channel internationally, while enhancing the content offering available to subscribers.” 


Prime members in India can subscribe to MGM+ through Prime Video Channels at a price of ₹599 per year.


Prime Video Channels benefits for Prime members include:

● No hassle login & billing: Customers do not have to juggle between multiple usernames, passwords and billing due dates. With Prime Video Channels, all premium content subscriptions are managed within a single destination – Prime Video apps and website.

● More time watching, less time deciding: Customers don’t have to spend time toggling between their favourite services to discover what’s new and popular. With Prime Video Channels they can browse in one place, search across all their premium subscription and get personalized recommendations. All of this without ever having to leave the Prime Video app or website.

● Enjoy your favourite features, no matter which service: Customers can enjoy IMDb’s X-Ray feature and a single consolidated watch list and download library for offline viewing. Subscribers can also manage data consumption and much more across all their premium channel subscriptions.

● More Choice: With Prime Video Channels, Prime members can access thousands of additional titles across 20+ OTT channels, including MGM+.


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Prime Video and MGM International Launch MGM+ on Prime Video Channels

With a library of over 8500+ hours of content transcending over 40 genres, discovery+ offers an extensive array of content, catering to a wide range of interests and preferences. From documentaries that delve into nature, science, history, and exploration into immersive reality shows that provide insights into various cultures and lifestyles, to original series that offer compelling storytelling right from the heart of India, discovery+ is a trove of of distinctive content. 

“Bringing discovery+ to Tata Play Binge represents a huge step forward in expanding our content offerings. The partners’ colossal lineup does not only showcase a myriad collection of genres but also promises entertainment in multiple local languages. This collaboration opens doors to an extensive range of riveting narratives, ensuring our viewers have access to the best of what Discovery+ has to offer, all in one place,” said Pallavi Puri, Tata Play’s Chief Commercial and Content Officer on another successful integration.

Adding to it, Ruchir Jain, Head of Distribution & Eurosport, South Asia, Warner Bros. Discovery, said, “We are thrilled to announce our collaboration with Tata Play Binge. This partnership will enable their subscribers in India to seamlessly access discovery+ content. With our extensive library of exclusive documentaries, captivating series, and engaging originals, including acclaimed titles such as 'Secrets of the Buddha Relics', 'History Hunter', and 'Star Vs Food: Survival', we are dedicated to delivering unparalleled entertainment experiences to Indian households. Now, Tata Play Binge customers can enjoy discovery+ content on all their favorite devices.”

The platform boasts of some popular titles like 90 Day Fiance, Man VS Wild, and Top Gear, #IndiaMyWay, Blue Planet, Secrets of the Koh-i-noor, India’s Ultimate Warrior and many more.

discovery+ will join other popular OTT platforms on Tata Play Binge like Apple TV+, Disney+ Hotstar, ZEE5, Lionsgate Play, FanCode, Sun Nxt, Aha, Fuse+, Hallmark Movies Now, PTC Play, Animax, VROTT, STAGE, ReelDrama, Chaupal, Namma Flix, Planet Marathi, manoramaMAX, iStream, Tarang Plus, Hungama Play, ShemarooMe, Curiosity Stream, EPIC ON, Travelxp, DocuBay, ShortsTV, Playflix, KliKK, Distro TV, MX Player along with Gaming. Content from all these platforms is available to the viewers of Tata Play Binge through a single subscription and a single user interface. Additionally, Netflix can be availed as a combo pack with DTH channels for all Tata Play DTH subscriber whereas Amazon Prime Video content can be accessed as an add-on by all Tata Play Binge subscribers, who also have the DTH connection. Viewers can enjoy all 30+ apps on smartphones, large screen connected devices through LG, Samsung and Android smart TV’s, Desktop, Laptop, Tablets, Tata Play edition of the Amazon FireTV Stick and www.TataplayBinge.com.



Tata Play Binge expands its entertainment gateway with discovery+

Netflix reported a strong start to 2024, boasting a 15 percent increase in revenue compared to Q12023. They also clocked a a significant jump in operating income, which surged by 54 percent year-over-year. The streaming giant's operating margin touched 28percent in Q1 2024.


Ads membership grew 65 percent quarter on quarter (after rising nearly 70 percent sequentially in each of Q3 2023 and Q4 2023) with over 40 percent of all signups in ads markets coming from ads plan. 


“Our two priorities in ads are to scale our member base and to build out our capabilities for advertisers. We made progress on both fronts in Q1. For advertisers, we continue to focus on measurement solutions, including new partnerships with Kantar and Lucid for brand awareness and recall, and Nielsen Catalina Solutions for sales lift and we’re working to build out our sales capabilities,” they said in a statement. 


The growth in numbers for the quarter, according to the Netflix was primarily driven by membership growth as well as pricing. ARM (average revenue per membership) rose 1 percent year over year, while subscriber count increased by 9.3 million. Same quarter last fiscal, new subscriber count stood at 1.8 million.


However, this is the last year Netflix is going public with subscriber details in their financial results. 

“Starting next year with our Q1 2025 earnings, we will stop reporting quarterly membership numbers and ARM,” they said.


Explaining they move they said, “We’re focused on revenue and operating margin as our primary financial metrics — and engagement as our best proxy for customer satisfaction. In our early days, when we had little revenue or profit, membership growth was a strong indicator of our future potential. But now we’re generating very substantial profit and free cash flow (FCF). We are also developing new revenue streams like advertising and our extra member feature, so memberships are just one component of our growth.”


The projected revenue growth for Q2 2024 is expected to be 16 percent. 


“For the full year 2024, we expect healthy revenue growth of 13 percent to 15 percent, based on F/X rates at the end of Q1 2024. We now expect FY24 operating margin of 25 percent, based on F/X rates as of January 1, 2024, up from our prior forecast of 24 percent,” they said in their financial results.


In a brief outline of plans, the streaming giant said they would  continue to improve the variety and quality entertainment, innovate in product and marketing  and tap into additional revenue and profit pools, in particular scaling ads to become a more meaningful contributor to the business in 2025 and beyond.

Netflix soars in Q1 2024: Revenue up 15 percent, operating income surges by 54 percent

JioCinema logged over 71.5 crore views for the marquee fixture between Mumbai Indians and Chennai Super Kings on April 14th. The official streaming platform for the TATA IPL amassed 933 crore minutes of watch time and 13 crore viewers, bettering the reach of TATA IPL 2023 final.

 
JioCinema commenced the 2024 season with over 59 crore views that led to 660 crore minutes of watch-time on Day 1. After 29 matches, over 1200 crore views and 14,800 crore minutes of watch time were clocked from 38.3 Crore viewers on the platform, a 42 percent growth in viewers compared to the same period last season. The time spent per viewer per match on Connected TV (CTV) has crossed 80 minutes.

 
JioCinema’s free-to-play predict and win game, Jeeto Dhan Dhana Dhan has enhanced the overall fan engagement efforts. The opening night contest saw Bhandup-based Antony D’Cruz winning gold worth INR 50 lakhs. Over 25 viewers from lengths and breadths of the country have won an elegant hatchback, motorcycle, and a smart TV, among many other prizes.

 
JioCinema’s list of digital streaming sponsors for the 2024 TATA IPL season includes Dream11 as a co-presenting sponsor, while Tata Motors, PayZapp by HDFC Bank, SBI, Cred, AMFI, Upstox, Charged by Thums Up, Britannia, Pepsi, Parle products, Google Pixel, Haier, Jindal Steel, Vodafone, Dalmia Cements, Kamla Pasand, Rapido, MRF Tyres, RuPay and Jaquar Bath & Light, have joined hands as associate sponsors.

 
Fans can watch the 2024 TATA IPL season in 4K, across 12 languages, including Haryanvi for the first time, with multi-cam options, including the much-loved Hero Cam.


Read More: <a href="https://www.storyboard18.com/brand-marketing/tata-ipl-2024-jiocinema-records-a-51-percent-growth-in-number-of-viewers-on-day-1-compared-to-the-2023-season-27244.htm">TATA IPL 2024 sees blockbuster opening day on JioCinema; clocks 51 percent surge in viewers over IPL 2023</a>

JioCinema logs over 71.5 crore views for the MI vs CSK clash

On April 5, Zee Entertainment Enterprises Ltd's MD and CEO Punit Goenka initiated a cost-cutting exercise which would lead to a 15 percent reduction in the workforce. The company announced the measure last Friday. Industry sources indicate that another round of job cuts, as part of the on-going cost-reduction measures announced last week, are likely to take place on April 12. Storyboard18 reached out to ZEEL with queries for comments. The article will be updated after we receive official comments from the company. 

In line with his strategic plan focused towards achieving the targeted goals, ZEE's Goenka proposed the implementation of a lean and streamlined management structure to the Board on April 5. The streamlining process included rationalisation of the workforce by 15 percent.

<a href="https://www.storyboard18.com/how-it-works/zee-layoffs-zee-ceo-punit-goenka-plans-to-slash-workforce-by-15-percent-28334.htm">Read more: ZEE layoffs: Zee CEO Punit Goenka plans to slash workforce by 15 percent</a>

While announcing ZEEL results for the 2023 December quarter, Goenka had outlined his strategy to improve margins in the coming quarters. He had highlighted the three focus areas for the company. They were frugality, optimisation, and a sharp emphasis on high-quality content.

Soon after, the leadership exits and restructuring began. On March 10, Rahul Johri, President Business- South Asia, decided to step down. His exit was followed by Nitin Mittal, President – Technology and Data who resigned on March 15. 


On the day of Mittal’s resignation, strategic changes were announced in the Technology and Data vertical. Several reporting lines were altered, and significant steps were implemented to build a new lateral structure.

Zee also implemented a new program called the Monthly Management Mentorship (3M) Program. This program aimed to identify areas for improvement across the company. One of the first recommendations from the 3M program resulted in significant restructuring. The Technology and Innovation Center (TIC) workforce was reduced by roughly 50 percent.

In the first week of April, Punit Misra, who was President – Content and International Markets at ZEEL, quit. As the President, Misra oversaw content for both the TV network of ZEE as well as its digital offering ZEE5, both domestically and globally. He also managed ZEEL’s international business spanning 190 countries.

Around the same time Misra resigned, on April 2, Goenka announced his decision to take a voluntary 20 percent pay cut in his personal remuneration.

<a href="https://www.storyboard18.com/brand-makers/zee-charts-new-course-after-sony-merger-collapse-restructuring-cost-cuts-and-strategic-focus-28552.htm">Read more: ZEE's restructuring, layoffs, strategic focus; Punit Goenka charts a new course after Sony-merger collapse</a>

ZEE Layoffs: More job cuts at ZEE expected this week as part of on-going cost cutting measures

C-Space, the first state-owned over-the-top (OTT) platform in India, will be launched by the Kerala government this week. C-Space comes at a time when Malayalam cinema is finding resonance in different parts and corners of India and the world thanks to the existing OTT giants like Netflix and Amazon Prime.


Forty-two films including six documentaries will be available for streaming in the first phase as CSpace, the country’s first government-owned over-the-top (OTT) platform, goes live on Thursday. Chief Minister Pinarayi Vijayan will launch CSpace at the Kairali Theatre in Thiruvananthapuram at 9.30am.


Run by the Kerala State Film Development Corporation (KSFDC), CSpace aims to provide meaningful infotainment and streaming opportunities with the films on the OTT platform chosen by a panel of curators.


“CSpace is a response to the growing imbalances and multifarious challenges in the OTT sector in terms of content selection and propagation,” said KSFDC chairman Shaji N Karun.


The platform, built under the banner of the Kerala State Film Development Corporation (KSFDC) using funds from the state government, has been envisaged to provide a fillip to award-winning films, short films and documentaries as well as open possibilities for low-budget independent cinema to reach a wider audience.


An official statement noted, “Set to debut this Thursday, the platform aims to deliver a unique blend of informative and entertaining content tailored for the masses."


The OTT platform will be released on behalf of the Department of Cultural Affairs of Government of Kerala. KSFDC has constituted a curator panel of 60 members including eminent cultural personalities from the state for selecting and approving the content.


The eminent cultural personalities include Benyamin, OV Usha, Santhosh Sivan, Shyamaprasad, Sunny Joseph, and Jeo Baby. Every content that is submitted to the platform will be evaluated by three curators from the panel for its artistic, cultural and infotainment merit.


The platform, which operates on a pay per view basis, allows viewers to watch a feature film for Rs 75 and shorter contents for a much lesser price. Exactly half of the amount charged goes to the content provider. Viewers can download the CSpace app from the PlayStore and App Store from March 7 onwards, a KSFDC statement said.


K V Abdul Malik, MD, KSFDC, said the launch of the platform will address a major concern of the exhibitors and distributors of the film industry regarding their dwindling profits due to producers releasing their feature films directly on OTT Platforms, PTI reported. "To accommodate their concerns, CSpace has decided to showcase only those feature films that have been released in cinema halls. Besides, short films, documentaries and experimental films recommended by curators will also be made available on the platform," he added.


Read More: <a href="https://www.storyboard18.com/how-it-works/streaming-growth-coming-from-outside-metros-sushant-sreeram-country-director-prime-video-india-25582.htm">Streaming growth coming from outside metros: Sushant Sreeram, Country Director, Prime Video India</a>

Kerala govt set to launch first state-owned OTT platform - CSpace with 42 films

In recent years, India has witnessed an explosion in Over-the-Top (OTT) platforms, with a plethora of streaming services vying for the attention of a burgeoning digital audience, many of these viewers having abandoned traditional broadcast television channels. While this exponential growth in digital audience presents unprecedented opportunities for content creators, it also brings to light a host of challenges, particularly in the realms of content licensing, escalating production costs, and the imperative for rationalization in an increasingly competitive market. Also, writers find themselves at the intersection of creativity and commerce, striving to evolve while gaining recognition and relevance amidst the highly competitive market for content creation.

Challenges Amidst Content Licensing

In India's content production landscape, creators and producers often find themselves without ownership or intellectual property (IP) rights for their work. Unlike in the US and UK where laws like financial interest and syndication (until 1993) and Terms of Trade once ensured creators retained significant ownership and licensing rights, the Indian market lacks such protections. This trend has persisted with the rise of OTT platforms, where creators are typically paid upfront but relinquish all future rights to their content. This powerful dynamic not only limits creators' potential income but also tilts the balance heavily in favour of channels and platforms. While other countries have laws like terms of trade, mandating a portion of IP ownership for creators, India lacks such provisions, further amplify the challenges faced by content producers in an already competitive industry. Implementing such protections for independent producers and creators would lead to a much healthier and expanding content ecosystem. 

In the high-stakes game of content licensing, where exclusive rights command top dollar, writers often find themselves on the sidelines as negotiations unfold between platforms and production houses. While producers and directors wield significant influence in sealing lucrative deals, the contributions of writers—who lay the foundation for captivating storylines and compelling characters—are frequently undervalued. This disparity not only undermines the creative process but also perpetuates a system where writers are relegated to the periphery of the content creation ecosystem. Additionally, OTT platforms are now forced to evolve and better understand their target audience's preferences, leading to improved content curation and audience engagement. In an environment marked by market consolidation and rationalization efforts, writers must assert their rightful place as indispensable collaborators in the content production ecosystem. By advocating for greater visibility, representation, and creative autonomy, writers can drive transformative change and elevate the standards of storytelling on OTT platforms. Additionally, fostering a culture of collaboration and mutual respect among stakeholders—producers, directors, actors, and writers—is essential for fostering a conducive environment where creativity thrives and artistic expression flourishes.

Market Rationalization in India

India's content market is still relatively healthy, but significant market rationalization is currently underway leading to a slowdown in inflated talent, equipment, and production costs due to oversaturation and over expenditure. This trend is compounded by global market changes and domestic market mergers, leading to fewer buyers and reduced demand for content, broadly making it a buyer's market since 2023. Even high-quality projects struggle to secure financing and commissions due to the slowdown and rationalization across the industry. This slowdown prompts a recalibration of audience targeting and content preferences, with companies focusing on gaining better understanding of their target audience and making greater attempts at catering to their viewership more effectively. Despite fewer projects and rationalizing costs, this period of adjustment is expected to one day leading to better results and a healthier overall OTT landscape as companies streamline operations and align with audience demands.
 
Escalating Production Costs and the Writer's Plight

With the emergence of OTT platforms in India, aspiring writers have found new avenues to showcase their talents beyond traditional Bollywood or television scripts. The opportunity to work on long-form premium scripted dramas has allowed writers to improve their skills and adapt to a more global storytelling sensibility, akin to what is seen on OTT platforms. This shift has elevated the quality of storytelling and production standards not only in India but also globally. However, despite the growth of OTT services, there remains a significant portion of the Indian audience that has yet to embrace these platforms fully. To attract a broader subscriber base, OTT platforms may need to adjust their storytelling to appeal to a wider audience, potentially making it more mainstream while still retaining elements of quality and sophistication.

Another pressing issue in India's content industry are the inflated costs we have experienced in the industry over the past few years as demand outran supply for creative and technical talent, production equipment, production services etc., Overall costs are expected to decrease as the market undergoes rationalization and fewer projects means slowdown in opportunities to employ talent and production assets. Additionally, talent, especially writers, are facing challenges as they're forced to spread themselves thin across multiple projects. Due to the lack of lucrative compensation and exclusive engagements, writers often find themselves working speculatively on numerous projects simultaneously, compromising the quality of their work. Unlike executives or managers who are typically exclusive to one company, writers and other talent are forced to work for multiple platforms or projects concurrently, further impacting their dedication and output. This practice stands in stark contrast to markets like the US, where exclusivity is the norm, ensuring writers are fully committed to their projects.

In conclusion, as production budgets soar to unprecedented heights, driven by the relentless pursuit of premium content, writers are faced with mounting pressure to deliver blockbuster-worthy scripts within constrained timelines and resource allocations. Despite being the architects of imaginative worlds and thought-provoking narratives, writers often bear the brunt of cost-cutting measures and creative reductions, compromising the integrity and authenticity of their vision. Moreover, the lack of recognition and remuneration commensurate with their contributions perpetuates a cycle of undervaluation and exploitation within the industry. However, challenges persist, particularly regarding the overextension of talent, especially writers, who often juggle multiple projects due to insufficient pay and lack of exclusivity. This practice compromises the quality of writing, highlighting the need for industry-wide changes to ensure writers are adequately compensated and can focus exclusively on their projects, ultimately enhancing the overall content quality.

 
Sunder Aaron, Co-founder, and Managing Partner, Locomotive Global Media, a production house.

Views expressed are personal.

Navigating the ever-evolving dynamics of content production for OTT


A leaked internal email from Meta surfaced online on Thursday, raising concerns about the potential inclusion of over-the-top (OTT) applications, like WhatsApp or Signal, within the regulatory framework of the Telecommunication Bill 2023. The email from Meta's policy head highlights the lack of clear directives on this matter.

The Telecommunications Bill, 2023, was presented in the Lok Sabha on December 18, following the conclusion of the consultation process for its 2022 counterpart. Stakeholders in the OTT sector are apprehensive about whether the new legislation goes beyond just overhauling of the Indian Telegraph Act, 1885, Indian Wireless Telegraphy Act, 1933, and The Telegraph Wire (Unlawful Protection) Act, 1950.

So is OTT covered in the Bill?

Ekta Rai, advocate at Delhi High Court said it is important to look at the definition of the Bill before delving into discussions on OTT.

The definition of telecommunication in the Telecommunication Bill, 2023 reads ‘transmission, emission or reception of any messages, by wire, radio, optical or other electro-magnetic systems, whether or not such messages have been subjected to rearrangement, computation or other processes by any means in the course of their transmission, emission or reception.’

The definition of telecommunication also defines a message as ‘any sign, signal, writing, text, image, sound, video, data stream, intelligence or information sent through telecommunication.’

The inclusion of ‘data stream’ in the definition implies that messaging apps or email services and cloud services may fall within the purview of telecom regulation.

“This definition can easily include OTT in its ambit. Therefore unless the Bill categorically excludes the OTT services, the same cannot be considered out of the scope of the application of the provisions of this Bill. This means that if at all OTT is included in the Bill, by implication or otherwise, it will violate net neutrality, because some URLs may be treated differently than other URLs being accessed on the internet, It will considerably change the manner in which data is currently consumed,” said Rai.

According to her, authorisation may also mean payment of regulatory fees. This will also affect the business of the OTT platforms. 

“Additionally, if the OTT is added later, several provisions of the Bill will be required to be tweaked, as the OTT and telecommunication, technically are fundamentally different platforms. One being a telecom infrastructure and other being a service offered through the said infrastructure,” she added.

Kunal Sharma, partner at Singhania & Co breaks down definitions further. 
The Telecommunications Bill 2023  provides broad definitions for expressions like ‘telecommunication service’ and ‘telecommunication network’. 

The former expression is defined as encompassing diverse technologies, including wire, radio, optical, and other electromagnetic systems. This breadth could potentially capture a wide range of online services, including Over-the-Top (OTT) platforms according to Sharma.

Similarly, the expression ‘telecommunication network’ is defined in a technology-neutral manner, encompassing various forms of networks used for service delivery. 
“Again, this definition could potentially extend to internet-based networks utilised by some OTT platforms,” he said.

Overall, according to experts the broad definitions within the Bill can significantly extend its influence and consequences for diverse service providers, notably impacting Over-the-Top (OTT) platforms. 

Sharma cited some examples to explain.

“For instance, issue licenses for the services. Further, the Bill grants the government extensive regulatory powers over telecommunication services, including data security, interception, content blocking, and quality of service. While not explicitly targeting OTTs, these powers could potentially apply to them if classified as telecommunication services under the Bill,” he said.
