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Authored by - Arpit Kumar (Intern at Legal Soch Foundation)
This news deals with the purview of the Telecom Regulatory Authority of India Act (TRAI Act) on the over-the-top (OTT) platforms.
Keywords - OTT platforms, TDSAT, TRAI, STAR, AIDCF
Subodh Kumar Gupta, a member, and Chairperson Justice Dhirubhai Naranbhai Patel observed that, on the surface, OTT services are not TV channels and do not need a license or approval from the Central government, and Prima facie OTT platforms are not covered by the definition of “distribution platform” under section 2(r) of TRAI Act.
Over-the-top (OTT) platforms are not TV channels, according to the Telecom Disputes Settlement and Appellate Tribunal (TDSAT), and are therefore presumptively not covered by the Telecom Regulatory Authority of India Act (TRAI Act).
The plea was filed by All India Digital Cable Federation (AIDCF) against STAR India Pvt Ltd alleging that streaming of ICC Cricket World Cup matches for free on mobile devices through Desney+ Hotstar was a violation of TRAI Guidelines By STAR India.
The petitioner contended that Disney+ Hotstar was available for download for free and allowed users to enjoy the matches for free, while STAR was charging cable operators to broadcast their channel, STAR Sports.
The main prayer by the petitioners from the authority is the direction to restrain STAR from free streaming of matches on mobile devices or give TV Channels free of charge.
The respondents contended that OTT Platforms were not covered as the definition under regulation 2(r) is exhaustive.
TRAI has started a separate consultation process to decide whether OTT services should be subject to the TRAI Act, respondents also informed the tribunal. They also highlighted the point that TRAI is not included here as a respondent while TRAI was a party in a similar case which was filed by petitioners in Delhi High Court through a writ petition.
They emphasized that OTT services are fundamentally different from TV networks and do not need a license from the federal government. They maintained that the TRAI Act of 1997 and its related regulations do not apply to OTT platforms and that they are instead governed by the Information Technology Act of 2000 and the 2021 guidelines.
After admitting the petition, the tribunal observed that prima facie, OTT platforms are not covered by the definition of distribution platform under 2(r) of TRAI Guidelines.
The Court added that "It is always open for the petitioner to maintain separately a list of consumers who have subscribed to the Star Sports channel on the petitioner’s platform as the same contents are being made available through video streaming on the said OTT platform, thus no irreparable loss will be caused to the petitioner if the stay, as prayed for, is not granted," the TDSAT stated.
The tribunal then postponed the case until December 18 and instructed the petitioner to submit their response affidavit before the next date of hearing.
Advocates on behalf of AIDCF - Senior Advocate Meet Malhotra along with advocates Tushar Singh, Ravi S S Chauhan, Akshra Arshi, Pallak Singh, and Nikhil Sabri.
Advocates on behalf of STAR - Senior Advocates Mukul Rohatgi and Maninder Singh along with advocates Ruby Singh Ahuja, Sidharth Chopra, Swikriti Singhania, Ranjeet Singh Sidhu, Srishti Kumar, Kritika Sachdeva, and Varun.
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