TRAI Chief Lahoti advocates level playing field between OTT and traditional media

Mumbai: Broadcasting regulator TRAI on Thursday said it did not favour an environment where regulation discriminates between two mediums and puts traditional broadcasting at a disadvantage.

Telecom Regulatory Authority of India (TRAI) Chairman Anil Kumar Lahoti, who is also the regulator for the broadcasting sector, said he welcomed new technology to provide a better audio-visual experience.

Lahoti was speaking at a panel discussion titled 'Regulating Broadcast in the Digital Age: Key Frameworks and Challenges' at the ongoing World Audio Visual and Entertainment Summit (WAVES) here.

The breakout session on Regulating Broadcast in the Digital Age – Key Frameworks & Challenges featured prominent voices from international and Indian media regulatory bodies. Panellists included  Anil Kumar Lahoti, Chairman, Telecom Regulatory Authority of India (TRAI). Philomena Gnanapragasam, Director, Asia-Pacific Institute for Broadcasting Development (AIBD); Ahmed Nadeem, Secretary General, Asia-Pacific Broadcasting Union (ABU;) and Carolina Lorenzo, Director, International Affairs, Mediaset.

Lahoti said that while online content was being regulated by IT (Intermediary Guidelines and Digital Media Ethics Code), traditional broadcasting is regulated under the Telecommunication Act and the Cable TV Network Act.

Lahoti's remarks came at a time when the Supreme Court has issued notices to the Centre on a plea seeking restrictions on streaming sexually explicit content across OTT platforms and social media.

Ahmed Nadeem, Secretary General of the Asia-Pacific Broadcasting Union, also favoured regulation of online content, but at the same time asserted that it should not come at the expense of creativity.

"There needs to be a balance in regulation, but it should not kill creativity by overregulating content," Nadeem said.

Philomena Gnanapragasam, the Chief Executive Officer of the Asia-Pacific for Broadcasting Development, favoured monitoring of online content instead of regulation, and creators should be encouraged to produce credible content.

Lahoti said the regulator was faced with a challenge as OTT platforms and Free Ad-supported Streaming TV, and traditional broadcasters were regulated under different frameworks.

"We do welcome and want technology to come up and provide better and better audio video experience to the consumer, yet we do not want to create an environment where regulation discriminates between two and puts one medium of broadcasting at disadvantage compared to another or one medium at relatively undue advantage compared to another medium," Lahoti said.

"These are the issues which need examination and would need certain actions," he said. 

Lahoti outlined India’s regulatory evolution from the Cable Television Networks (Regulation) Act of 1995 to the digitisation of cable TV and TRAI’s current focus on consumer choice and quality of service. He emphasised TRAI’s efforts in ensuring a level playing field and advocated for deregulation wherever consumer interests are not compromised.

The panellists discussed the rapid rise of Over-the-Top (OTT) platforms and the complexities they introduce. With India’s digital media market reaching USD 9.7 billion in 2024, the need for balanced regulation is paramount. Shri Lahoti underscored TRAI’s proposals for digital radio, simplified network architecture, and a national broadcasting policy.

Gnanapragasam highlighted the importance of media literacy in tandem with regulation. Nadeem advocated for a phased approach to regulation to encourage innovation while ensuring accountability. Carolina Lorenzo, Director, International Affairs, Mediaset, pointed to Europe’s experience with platform accountability and shed light upon the emerging challenges of network effects in software and hardware in technologies such as smart TVs.