Legal Expert Meghna Bal on TRAI’s jurisdiction on OTT platforms
In April, the Telecom Regulatory Authority of India (TRAI) released a consultation paper on formulating the draft National Broadcasting Policy, which was extensively discussed at the Trai open house discussion last week with various stakeholders from the industry expressing their opinions on the shape the policy should take. There are concerns regarding possible inclusion of OTT platforms in the National Broadcasting Policy. But, can the TRAI exercise jurisdiction over OTT platforms?
“No, it absolutely does not have jurisdiction over OTT platforms. It’s very clear what it has jurisdiction over. It has jurisdiction over telecommunication services. There was amendment made to the definition of telecommunications service, which added a proviso, and this was made in, in 2000, it allowed the government to notify any other service to be a telecommunication service, including broadcasting services. And then shortly thereafter, in 2004, there was a notification issued by the government regarding broadcasting services. OTT services are neither telecommunication services nor are they broadcasting services. So they do not fall within the purview of the TRAI,” says Meghna Bal, Director, Esya Centre.
In this interview MediaNama journalist Sharveya Parasnis discusses with Bal, the legal concerns regarding the policy and TRAI’s attempt at content regulation.
Watch the full interview to know more:
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