Tech Reg Forum Newsletter on OTT

Monthly insights on OTT industry developments, regulatory changes, and market trends

Newsletter Editions

December 2024

Monthly insights on OTT industry developments, regulatory changes, and market trends

December Edition 2024

Monthly insights on OTT industry developments, regulatory changes, and market trends

Legal Battles Heat Up: NGO Targets OTT for Explicit Content

The Delhi-based NGO has commented that OTT platforms break a lot of Indian laws, such as the Information Technology Act and the POCSO Act, as well as Acts from the Indecent Representation of Women (Prohibition) Act and various sections of the Bharatiya Nyaya Sanhita (BNS). Former information commissioner Uday Mahurkar’s Save Culture, Save Bharat Foundation also spoke of having lodged a police complaint against the promoters of the over-the-top (OTT) platform ALTT for supplying pornographic materials, to Mumbai police. Mahurkar called out OTT platforms in a statement for allowing access to hazardous sexual content without filters to users.

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WAVES- On November 21, 2024, Prasar Bharati, the public broadcaster of India, launched an Over The Top (OTT) service. This very portal not only contains live streaming and new content, as well as archives contents, it also acts as a platform for content creators, including the National Creator Award winners.

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A Public Interest Litigation (PIL) on the need for a regulator for OTT and streaming platforms in India was rejected by the Supreme Court, as mentioned in a judgment delivered on Friday, 18th October 2024. “This is really the PILs problem. We miss our real PILs, but they’re all on policy nowadays,” observed the bench composed of Justices JB Pardiwala and Manoj Misra and Chief Justice of India, DY Chandrachud. The argument states that while traditional TV and movies are under checks and balances, digital sites do not entertain it. “The content on OTT channels unlike theatrical films does not go through a certification process before its release, thus resulting in excessive explicit scenes, violence, substance abuse, and similar content- mostly without warnings,” pointed out advocate Shashank Shekhar Jha, adding that this was a reflection of “democratized information.”

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Tata Play’s OTT platform “Binge” shall now be expanded to Philippines, with the help of Cignal-TV which is the local media of the country.

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MX Player, a well-known free streaming OTT provider in India, recently sold some of its assets to Amazon, including the MX Player app. With this acquisition, Amazon is combining Amazon miniTV and MX Player, two of the most well-known free AVOD (ad-supported video on demand) services in India, into a single service called Amazon MX Player.

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Bharti Airtel, led by Sunil Mittal, is in advanced talks to acquire Tata Group’s loss-making Tata Play, the country’s largest direct-to-home (DTH) service provider, according to sources familiar with the situation. The move is considered as Airtel’s strategic effort to expand its presence in the digital TV industry, which is experiencing slow development, while also bolstering its packaged offerings to increase non-mobile revenues.

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OTTplay, India’s Super OTT app and leading AI-based recommendation engine platform, is thrilled to announce its latest partnership with Quadrant Televentures Limited (Connect Broadband), North India’s Internet Service Provider. Through this strategic agreement, OTTplay and Quadrant Televentures Limited aim to elevate digital entertainment in the region by allowing customers to access 25 prominent OTT platforms directly through broadband plan subscriptions.

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In answer to a question in the Lok Sabha, the Minister stated, “The cultural sensitivities of India vastly differ from those of the regions where these platforms were created.” Due to the lack of editorial monitoring, social media has become a platform for press freedom, but it has also become a space for unregulated expression, which has frequently included offensive information.

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India’s telecom regulator has advocated formal regulation of over-the-top (OTT) communication apps such as WhatsApp, Telegram, and Signal. This call comes after law enforcement and telecom operators expressed worries about security and spam management. During the second day of the India Mobile Congress 2024, Anil Kumar Lahoti, chairman of the Telecom Regulatory Authority of India (Trai), stated that while OTT communication platforms have provided significant benefits to consumers and businesses, regulatory issues raised by law enforcement agencies and traditional telecom providers suggest that these platforms come under a structured regulatory framework.

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On October 7th, Disney exited the Indian Premier League’s streaming rights, paving way for Viacom (Reliance Industries) to dominate cricket viewership on OTT platforms. Along with which Disney+ Hotstar has started to cut on Indian Content, focusing largely on the global franchise as a measure to cut costs.

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With 4K and Dolby vision support, Amazon has now enhanced their platform, by using Artificial Intelligence and making their interface customisable for better viewing experiences. Marking a significant upgrade in content quality.

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Netflix collaborates with the ongoing International Film Festival of India in Goa for exclusive screenings, interesting panel discussions, and great booth arrangements, and much more for this 55th edition of the film festival, which started on November 28 and ends on November 28. In the context of the collaboration between the streamer and IFFI, Mahima Kaul, who is Public Policy Director, Netflix India said, “the media and entertainment ecosystem in India is one of the most vibrant and dynamic in the world. At IFFI, Netflix has showcased its global and local narratives while deepening its commitment to talent, innovation, and inclusivity.”

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In October 2024, India implemented new data protection legislation for OTT services in an effort to address growing concerns about digital privacy. These laws impose stricter limits for how user data is gathered, stored, and used, requiring platforms to be more open about their data practices. The requirements compel OTT providers to maintain data security and user consent, as well as to swiftly disclose breaches. These policies aim to increase customer trust while also promoting a more accountable digital economy.

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In November 2024, ZEE5 formed a strategic co-production relationship with Lionsgate (an American Entertainment Company) to develop its worldwide content collection with high-quality, globally known originals. This agreement is an important step in ZEE5’s continuous efforts to compete in India’s rapidly expanding OTT market, where demand for premium content is skyrocketing. The agreement boosts ZEE5’s potential to attract both Indian and international subscribers by offering diversified content that appeals to multiple preferences, thereby placing itself more effectively against competitors like Netflix and Amazon Prime Video, who already dominate the premium segment.

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The Ministry of Electronics and Information Technology (MeitY) has issued updates on the Digital India Act, a major revision that aims to replace the 2000 IT Act. This new law focuses on tackling online problems, promoting open internet ideals, and imposing stronger rules on technology corporations. It will also protect digital users and improve the governance of AI technologies.

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