Source – Indian Express

Introduction

On 20^th December, the eagerly anticipated Telecommunication Bill, 2023, was approved in the Lok Sabha, signaling a significant reform aiming to introduce a liberalized framework for satellite-based telephony. The bill additionally emphasizes establishing a robust security infrastructure to safeguard vital mobile networks from cyber threats and unlawful intrusions.

The bill has been awaited because of its impact on Over-the-Top (OTT) Platform and Online Services such as Meta, X etc.

What is the History of the Telecommuniation Bill, 2023?

• Historical Framework (1885-2023):
  • The Indian telecom sector, shaped by three laws—The Indian Telegraph Act, 1885; The Indian Wireless Telegraphy Act, 1933; and The Telegraph Wires (Unlawful Possession) Act, 1950—has undergone a transformative legal evolution.
  • The 1950 Act, addressing unlawful possession of telegraph wires, was recently repealed by the Repealing and Amending Act, 2023, emphasizing regulatory adaptability.
• Regulatory Authorities:
  • The Telecom Regulatory Authority of India (TRAI) Act, 1997, instrumental in tariff regulation, established both the TRAI and the Telecom Disputes Settlement and Appellate Tribunal (TDSAT).
  • Licensing authority, however, remains vested in the central government.
• 1885 Act and Technological Evolution:
  • Originally governing telegram services, the 1885 Act, surprisingly resilient, navigated through the telegraph era's cessation in 2013.
  • As technology advanced, encompassing real-time transmission of text, voice, images, and video, the archaic 1885 Act continued to regulate modern telecom services.
• Old Bills:
  • Technological convergence, witnessed in services spanning cable television, internet, and public broadcasting, prompted the need for legal restructuring.
  • The Communication Convergence Bill (2001) and the draft Indian Telecommunications Bill (2022) were endeavors to replace outdated legislation.
• Bill of 2023:
  • The Telecommunications Bill, 2023, introduced in December 2023, aims to supplant two telegraph laws, aligning regulatory frameworks with contemporary telecom dynamics.

What is the Impact of Telecommunication Bill, 2023 on OTT platform?

• Definition of Telecommunication:
  • Section 2 (p) of the bill defines the services falling under telecommunication that will be governed by the bill. It includes 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.
• Place of OTT Services in Telecommunication Bill, 2022:
  • Bill of 2022 stated that telecom services will also include broadcasting, OTT, M2M, and data communication services.
• Non-inclusion of OTT Services in Bill of 2023:
  • OTT services do not fall under any of the aforementioned category of telecommunication method.
  • The bill excluded adding OTT services under its regulatory ambit.

What are OTT Services?

• About:
  • An OTT platform refers to a streaming service that delivers content over the internet without the need for traditional cable or satellite TV subscriptions.
• In India:
  • In India, OTT platforms have gained significant popularity, offering a wide range of content, including movies, TV shows, web series, documentaries, and more.
  • Users can access this content on various devices, such as smartphones, tablets, smart TVs, and computers.

Way Forward

• This latest legislative development signifies a proactive approach to adapt to technological advancements and ensure a comprehensive and contemporary regulatory framework for the evolving telecom landscape in India.
• Exclusion of OTT services will grant them more freedom to present the dynamic content before the viewers, however considering the Indian society in context it may lead to breaches certain parameters of morality or decency.