In a significant statement that could reshape the future of media consumption in India, the Telecom Regulatory Authority of India (TRAI) Chairman, Anil Kumar Lahoti, has strongly advocated against creating separate regulatory frameworks for Over-The-Top (OTT) platforms and traditional broadcasters. Speaking at the World Audio Visual and Entertainment Summit (WAVES) in Delhi, Lahoti emphasized the need for a unified approach that fosters technological advancement without unfairly disadvantaging established media.
Currently, a clear disparity exists in how content is regulated across different media. Traditional television broadcasting operates under the purview of the Telecommunication Act and the Cable TV Network Act, which encompass specific content and advertising codes. In contrast, OTT platforms, including streaming services and social media, are primarily governed by the IT (Intermediary Guidelines and Digital Media Ethics Code), which emphasizes self-regulation.
Lahoti questioned this dichotomy, stating, “We do welcome and want technology to come up and provide better and better audio-video experience to the consumer, yet we do not want to create an environment where regulation discriminates between two and puts one medium of broadcasting at a disadvantage compared to another or one medium at relatively undue advantage.” His remarks underscore a commitment to ensuring a level playing field where both traditional and emerging media can thrive.
While advocating for a balanced regulatory approach, Lahoti also voiced concerns about the potential for over-regulation to stifle creativity. This sentiment was echoed by Ahmed Nadeem, Secretary General of the Asia-Pacific Broadcasting Union, who stressed the importance of regulation that does not come at the expense of artistic expression. “There needs to be a balance in regulation, but it should not kill creativity by over regulating content,” Nadeem asserted during the panel discussion on ‘Regulating Broadcast in the Digital Age: Key Frameworks and Challenges’.
Philomena Gnanapragasam, CEO of the Asia-Pacific for Broadcasting Development, suggested that instead of stringent regulations, the focus should be on monitoring online content and encouraging creators to produce credible material. This perspective highlights a preference for fostering a responsible content ecosystem rather than imposing potentially restrictive rules.
Lahoti’s comments come at a crucial time, with the Supreme Court recently issuing notices to the central government on a plea seeking restrictions on sexually explicit content streamed on OTT platforms and social media. This intervention by the apex court underscores the growing need to address content regulation in the digital space. The TRAI chief’s stance suggests that any regulatory framework should consider the existing regulations for traditional media while adapting to the unique characteristics of online platforms.
The challenge lies in creating a regulatory environment that is both comprehensive and flexible. It needs to address concerns about content standards and consumer protection without hindering innovation and creative freedom. Lahoti acknowledged this delicate balance, stating that the regulator faces a challenge as OTT platforms, Free Ad-supported Streaming TV, and traditional broadcasters operate under different frameworks.
By advocating for a more unified approach, TRAI aims to create a fair and competitive landscape where all forms of media can contribute to the evolving audio-visual experience for consumers. The industry now awaits further developments and potential policy changes that could bridge the regulatory gap between traditional broadcasting and the dynamic world of online content.
Key Highlights:
- TRAI Chairman Anil Kumar Lahoti does not favour different regulatory frameworks for OTT platforms and traditional broadcasters.
- He emphasized the need for a balanced approach that encourages technological advancement without disadvantaging traditional media.
- Concerns were raised about over-regulation potentially stifling creativity in online content.
- The Supreme Court has recently issued notices regarding the regulation of sexually explicit content on OTT platforms, highlighting the timeliness of this discussion.