I&B Ministry
OTT players claim voluntary compliance as TRAI petitioned on anti-tobacco norms breach
MUMBAI / NEW DELHI: Even though the Indian government has asked the broadcast carriage and telecoms regulator TRAI to rein in OTT platforms for alleged flouting of norms relating to tobacco and alcohol advisories in programmes, a majority of digital players claim to be voluntarily adhering to government directives meant primarily for TV shows despite absence of regulations for the sector.
“As we belong to the traditional medium of television, it comes from within to carry Indian government-advised disclaimer (relating to scenes in TV shows and films involving tobacco and alcohol consumption),” Alt Balaji CMO Manav Sethi told Indiantelevision.com, adding, it is “not mandatory” for OTT platforms to do so, though.
According to Arre co-founder and CEO Ajay Chacko, “OTT platforms are regulated under the Information Technology Act, but carrying a disclaimer relating to tobacco and alcohol consumption in shows depends upon the online content creators. We certainly carry a disclaimer highlighting the negative effects of alcohol and tobacco on health in our shows as done in films.”
In a controversial and much-debated move, which some critics dubbed as killing creative freedom, the ministry of health and family welfare, some years ago, had come out with a directive stating that all films and TV shows had to carry a disclaimer regarding the negative effects of tobacco and alcohol consumption during scenes where artistes were shown doing the same.
But why a hue and cry now relating to shows on OTT platforms?
The ministry of health, according to a report in Millennium Post yesterday, has written to TRAI to ensure that OTT players such as Amazon Prime, Netflix, Hotstar, Reliance Jio and Voot adhere to the ministry’s directive relating to anti-tobacco and alcohol norms. The ministry felt that OTT and digital platforms were not running health-related disclaimers as done by movies and traditional TV shows.
But, why lobby with TRAI, which doesn’t regulate or govern content-related issues? In the opinion of the ministry of health, as enunciated by the newspaper report, internet-based services fell within the purview of the Telecoms Ministry and Telecom Regulatory Authority of India and the issue was flagged with TRAI since anti-alcohol and anti-tobacco agencies were finding it difficult to enforce the rule on errant OTT players.
Though a source in Voot said it voluntarily runs during shows a health warning ticker — like “Smoking is injurious to health” — as part of “best practices”, the health ministry’s letter to TRAI highlights the conundrum of content regulation relating to OTT platforms.
Indian films and TV programmes started carrying disclaimers on the negative effects of alcohol and tobacco consumption to adhere to the health ministry directive, indirectly enforced by the ministry of information and broadcasting (MIB), but at present there are no regulations relating to OTT platforms in India.
TRAI has been debating the issue of OTT regulations, as part of net neutrality, with the stakeholders for over a year now but is still in the process of finalising its recommendations, which are expected to be unveiled some time soon.
However, it is pertinent to point out that TRAI’s jurisdiction doesn’t extend to content regulation and is limited to content distribution and distribution platforms. As there’s no official content regulator like the Ofcom or the FCC, Indian TV channels broadly follow industry-formulated self-regulation norms, guided by pointers enumerated in the Cable TV Networks Regulation Act that’s enforced by MIB.
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I&B Ministry
AIDCF moves TDSAT over Waves plan to stream linear TV channels
Industry body flags regulatory gap as OTT push sparks broadcast turf war
NEW DELHI: The battle between traditional television distributors and digital platforms has found its way to the courts, with the All India Digital Cable Federation (AIDCF) moving the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) against Prasar Bharati’s latest OTT play.
At the heart of the dispute is Waves, Prasar Bharati’s OTT platform, which has invited applications to onboard linear satellite TV channels. Aidcf, which represents multi-system operators (msos), argues that this move sidesteps existing broadcasting rules and risks tilting the playing field in favour of digital platforms.
The federation’s petition hinges on a key provision in the Uplinking and Downlinking Guidelines, 2022. Clause 11(3)(f) allows broadcasters to downlink channels only if they provide signal decoders to recognised distribution platforms such as MSOS, DTH operators, hits operators and iptv platforms. OTT platforms, aidcf points out, do not feature on that list.
In simple terms, AIDCF’s argument is this: if OTT platforms are not officially recognised distributors, they should not be receiving broadcast signals in the first place. By inviting channels onto Waves, the federation claims, Prasar Bharati is opening a backdoor that lets broadcasters bypass long-standing rules.
The concern goes beyond legal interpretation. Aidcf says OTT platforms currently operate without a clear regulatory framework, allowing them to expand into traditional broadcasting territory without the compliance burden that cable and satellite operators must carry. That, it argues, creates an uneven contest.
There is also a warning for broadcasters. If they provide signal decoders to an OTT platform like Waves, they could risk breaching the very conditions under which their downlinking permissions were granted.
For its part, Prasar Bharati’s Waves initiative is positioned as a step towards wider access and digital reach, bringing linear television into the streaming era. But critics say the move blurs the line between regulated broadcasting and largely unregulated streaming.
The matter is expected to come up before tdsat next week. The outcome could do more than settle a single dispute. It may help define how India regulates the fast-merging worlds of television and OTT, where the lines are getting fuzzier by the day and the stakes, sharper than ever.
