Broadband India Forum says it is against selective bans on OTT service

BIF argues that existing laws, including the IT Act and the Consumer Protection Act of 2019, sufficiently address the regulatory, economic, security, privacy, safety, and consumer grievance aspects of OTT services

Published - September 05, 2023 03:56 pm IST

Broadband India Forum (BIF) on Monday said it firmly opposes any selective ban on Over-The-Top (OTT) services as they are adequately regulated.

Broadband India Forum (BIF) on Monday said it firmly opposes any selective ban on Over-The-Top (OTT) services as they are adequately regulated. | Photo Credit: AP

Broadband India Forum (BIF) on Monday said it firmly opposes any selective ban on Over-The-Top (OTT) services as they are adequately regulated under the existing IT Act, 2000, and other associated acts and rules.

BIF said that any attempt to introduce new regulatory frameworks could disrupt the existing competitive landscape and compromise consumer benefits and innovation.

The think-tank made these observations in response to Telecom Regulatory Authority of India’s (TRAI) consultation paper on regulatory framework for OTT and selective banning of services.

BIF argues that existing laws, including the IT Act and the Consumer Protection Act of 2019, sufficiently address the regulatory, economic, security, privacy, safety, and consumer grievance aspects of OTT services.

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Furthermore, government agencies possess the necessary powers under Section 69, 69A, and 69B of the IT Act for lawful interception, eliminating the need for additional regulatory burdens.

The Forum stressed on the distinction between OTT and Telecommunication Service Providers (TSPs), highlighting that the two operate on different layers -- OTTs at the application level, and TSPs at network infrastructure level.

They do not enjoy equal rights, according to BIF. TSPs possess unique and exclusive rights, including the right to interference-free spectrum, right of way, a unique numbering plan, and interconnection rights, which OTTs do not have.

Quoting both TRAI and ITU, BIF remarks that OTTs and TSPs “engender benefits for each other in a symbiotic, complementary, and mutually reinforcing manner.”

“We hope that the regulator and the Government will allow market forces to operate freely, incentivising growth and progress in this vital sector. TSPs can compete freely, and OTTs should not face restrictions in favour of TSPs,” said President T V Ramachandran, BIF.

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