Networks, content players diverge on converged norms

A consultation by TRAI on addressing the convergence of broadcasting and content regulations has divided content providers, broadcasters, and telecom operators.

A consultation paper by the Telecom Regulatory Authority of India (TRAI) on bringing about a “convergence” of broadcasting and content regulations has divided content providers, broadcasters and telecom operators.

While telecom operators and broadcasters are arguing that content providers and messaging apps are undercutting their services through online distribution, the digital industry is defending existing regulatory frameworks, demanding a difference in approach towards content and its delivery.

“Due to the convergence of technologies, many new-age services including social media, OTT [over-the-top] communication and broadcasting services, online video streaming, etc. are operating at the intersection of these compartmentalised functions of the [government] departments and may remain out of the necessary oversight and policy frame of the government despite being functionally similar to licensed services,” Reliance Jio said in its submission.

‘No actual convergence’ 

Online content providers are not convinced, however, that there is a need to bring the administrative regulation of these functions together.

“Mere convergence of devices, services or networks does not warrant drawing of the conclusion that there is ‘convergence’ of telecom and broadcasting services,” the Digital News Publishers Association (DNPA), which represents Indian broadcast and print news organisations with a digital presence, said in its submission. ( The Hindu is a DNPA member.)

The Asia Video Industry Association (AVIA), which represents Amazon, Netflix and Disney+ Hotstar, insisted that there was no actual convergence going on, and that content and carriage needed to be regulated separately.

“Whilst cooperation of regulators already occurs, e.g. with TRAI and MIB [the Ministry of Information & Broadcasting] coordinating on issues such as Net neutrality, consumer protection and anti-competitive practices, we would advocate for greater cooperation across regulators, along with harmonisation of legislation, rather than additional regulations or a converged regulator,” the association said in its filing.

There is a more fundamental tension in the carriage-versus-broadcasting debate — telecom operators and broadcasters complained that they faced extensive regulatory burdens and levies, often to their detriment and to the benefit of online players. Tata Play, which runs a satellite TV business and also bundles streaming platforms, underlined this tension: “… we have been making laws not for the basic components [of content delivery] but combinations of components, as and when they have emerged,” the company said. “As a consequence, the combinations that escaped regulations have thrived while the ones that got regulated, are languishing.”