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TDSAT prima facie held that OTT platforms are not classified as TV channels and, therefore, do not require any permissions or licenses from the Central government.
The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) recently delivered a ruling indicating that Over-the-Top (OTT) platforms, such as streaming services, fall outside the purview of the Telecom Regulatory Authority of India Act (TRAI Act).
This decision came during proceedings related to a petition filed by the All India Digital Cable Federation (AIDCF) against STAR India Pvt Ltd, accusing the latter of discriminatory practices in streaming ICC Cricket World Cup matches on its Disney+ Hotstar platform.
The TDSAT, chaired by Justice Dhirubhai Naranbhai Patel and member Subodh Kumar Gupta, made a prima facie observation that OTT platforms are not classified as TV channels and, therefore, do not require any permissions or licenses from the Central government. Instead, these platforms are seen to be regulated under the Information Technology Act of 2000 and the associated 2021 rules.
The tribunal, in its decision, acknowledged the ongoing regulatory consultations by the Telecom Regulatory Authority of India (TRAI) to determine the regulatory framework for OTT platforms.
While the TDSAT admitted the broadcasting petition filed by AIDCF, it refrained from granting interim relief, asserting that there was no prima facie case established and no evident irreparable loss to the petitioner.
The tribunal highlighted that it was open for the petitioner to maintain a list of consumers subscribing to the Star Sports channel on their platform, considering that the same content was available on the Disney+ Hotstar OTT platform.
This ruling assumes significance in the context of the evolving legal landscape surrounding digital content distribution platforms and their differentiated regulatory status compared to conventional television channels. As TRAI explores separate consultations on the regulation of OTT platforms, the TDSAT decision contributes to the ongoing discussions on their jurisdiction and regulatory framework.
Case Title: All India Digital Cable Federation Vs. Star India Pvt Ltd.
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