TRAI issues regulations to protect digital media copyright

The Telecom Regulatory Authority of India (TRAI) has issued Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Fifth Amendment) Regulations, 2023 (4 of 2023).

As per TRAI, DRM (Digital Rights Management) is a systematic approach to copyright protection for digital media. The purpose of DRM is to prevent unauthorised redistribution of digital media and restrict the ways consumers can copy content they've purchased. DRM products were developed in response to the rapid increase in online piracy of commercially marketed material, which proliferated through the widespread use of peer-to-peer file exchange programs.

Typically, DRM is implemented by embedding code that prevents copying, specifies a time period in which the content can be accessed or limits the number of devices the media can be installed on.

TRAI notified the Telecommunication (Broadcasting and cable) Services Interconnection (Addressable System) Regulation, 2017 on March 3, 2017, .

During the consultation undertaken to prepare the Telecommunication (Broadcasting and Cable) Services Digital Addressable Systems Audit Manual , certain comments and observations reflected some issues in Schedule III of the Interconnection Regulations.

Accordingly, Draft Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) (Amendment) Regulations, 2019 was issued on August 27, 2019 which included issues related to Digital Rights Management Systems.

"The Schedule III of the Interconnection Regulations does not provide for the requirements/specifications of DRM-based systems. The Authority, during its consultations on the Audit manual, received the feedback that owing to its benefits the Internet Protocol Television (IPTV) based DPOs are switching to DRM technology. It is necessary that the Audit regime covers the DRM-based networks and provides enabling provisions for such operators. Accordingly, Draft Regulations dated August 27, 2019, mentioned above, included DRM specifications in Schedule III, TRAI said.

During the consultation process, the Authority received numerous comments and suggestions from various stakeholders on this issue. Numerous modifications/additions were proposed by several stakeholders. Hence, the Authority was of the opinion that system requirements for DRM shall be dealt with in a separate consultation paper.

"The Authority was of the view that on the issue related to "System Requirements for Digital Right Management System", extensive deliberations with industry stakeholders is required. Accordingly, the Authority constituted a committee of industry stakeholders to prepare and submit a draft 'System Requirement for DRM to the Authority," TRAI added.

After extensive deliberations, the committee submitted a report on "System requirement for DRM" to be included in Schedule III of the Interconnection Regulation to the Authority.

Accordingly, TRAI issued a consultation paper on 'System Requirement for DRM' in the form of a draft amendment in the Interconnection Regulation 2017 on September 9, 2022. The comments of the stakeholders were invited by October 7, 2022, and counter comments, by September 21, 2022.

At the request of the stakeholders, the deadline to submit the comments was extended to November 18, 2022, for comments and December 2, 2022, for counter comments.

Comments on the said consultation paper were received from 21 stakeholders and counter-comments were received from two stakeholders, which were uploaded on the TRAI website. Subsequently, an Open House Discussion (OHD) was held on February 24, 2023. A few additional comments were also received after OHD.

The Authority analysed the comments of the stakeholders and to protect the interests of service providers and consumers has notified amendment to Interconnection Regulations. The main features of the amendments are as follows:

a. A new schedule X has been prescribed for DRM System Requirements which include:

1. DRM requirements in so far as they relate to subscriber management systems (SMS) for IPTV services.

2. DRM requirements for conditional access by subscribers and encryption for IPTV services.

3. DRM requirements in so far as they relate to fingerprinting for IPTV services.

4. DRM requirements in so far as they relate to STBs/unique consumer subscriptions.

b. An enabling, technology-neutral, light-touch regulatory regime, which facilitates growth and technological developments while protecting the consumer's interest is promoted to foster overall growth.

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