Over the top (OTT) streaming platforms do not fall under the jurisdiction of the Telecom Regulatory Authority of India (TRAI) and are governed under the Information Technology Rules, 2021, notified by the IT Ministry, India’s telecom appellate panel has held.
In an order passed Wednesday, the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) said OTT platforms such as Disney+Hotstar are outside the purview of the TRAI Act since they do not require any permission or a licence from the Union government.
This is a significant position given that the TRAI and the Department of Telecommunications (DoT) are attempting to regulate OTT services, something that has been challenged by the IT Ministry, The Indian Express had earlier reported.
TDSAT’s findings came in a petition filed by the All India Digital Cable Federation (AIDCF) alleging that Star India’s act of streaming ICC Cricket World Cup matches for free on mobile devices through its platform Disney+Hotstar is discriminatory under the TRAI regulations, as the matches can be watched on the Star Sports TV channel only if the viewers have subscribed by making a monthly payment for channels.
Most Read
TDSAT rejected AIDC’s interim prayer seeking a restraint on Star India from permitting their viewers to have Star Sports on their mobile free of charge or also provide free access to Star Sports to AIDCF’s members, that is cable operators.
The DoT had released a draft telecom Bill under which it wanted to classify OTT platforms as telecommunication services and regulate them like telecom operators. The TRAI, separately, has issued a consultation paper on how to regulate OTT platforms.
The IT Ministry, however, believes that under the Allocation of Business Rules, internet-based communication services are not part of DoT’s jurisdiction.