The Telecom Regulatory Authority of India (TRAI) has been trying to regulate OTT (over-the-top) communication platforms such as WhatsApp, Signal and Telegram. TRAI even released a consultation paper around the same a while back. Now, TDSAT (Telecom Disputes Settlement and Appellate Tribunal) has said that OTT platforms are out of the purview of TRAI as they do not require any license or permission from the central government. It is worth noting that TDSAT's interim order, which came on October 4, 2023, didn't focus only on the OTT communication platforms, but in general every OTT platform that operates in India.
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The OTT platforms are governed by the Information Technology Rules, 2021, notified by the Ministry of Electronics and Information Technology (MeitY), which TDSAT has maintained, according to an IndianExpress report.
For the unaware, the All India Digital Cable Federation (AIDCF) filed a petition alleging that Star India is indulging in a discriminatory move (as per TRAI regulations) by allowing free streaming of the Cricket World Cup 2023 matches on Disney+ Hotstar while the same is not free for its members, who are the cable TV operators.
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The demand from AIDCF was to stop Star India from offering free streaming of cricket matches. But TDSAT has said in its interim order that since OTT platforms don't come under the purview of TRAI, its regulations also don't apply to them. Hence, this is not a discriminatory practice under the TRAI rules. This means that Star India can continue to offer free streaming of the cricket matches on Disney+ Hotstar. While for anyone who wants to watch it through Star Sports, will have to pay for the channel.
This will definitely hurt the revenues of the cable TV operators who were expecting a bump in viewership owing to the popularity of the Cricket World Cup.
