TRAI’s curious recommendations for content

The media and entertainment industry is amused and concerned by TRAI's content recommendations for the national broadcasting policy, questioning its scope and impact.

The Telecom Regulatory Authority of India’s (TRAI) recommendations on content for formulation of the national broadcasting policy have been received with amusement and concern by the media and entertainment industry.

TRAI’s curious recommendations for content

The recommendations released last week have raised concerns because TRAI has got into content related issues for over-the-top (OTT) video streaming services, which the entertainment industry has been saying should not be included in the national broadcast policy as OTT does not fit the classification of a broadcasting service.

Industry stakeholders also feel whenever TRAI floats a consultation paper to seek their views on an issue, it is more of a formality as the body has already made up its mind on what it will recommend.

So even while the industry believes that the national broadcasting policy should not extend its purview to content, TRAI holds forth on promoting local and regional language content on OTT.

Jasmine Damkewala, advocate-on-record and senior partner at Circle of Counsels, said the TRAI Act does not deal with content. “It only regulates the form and structure of the downstream broadcast and its dissemination in a market which is free but also regulated in a manner which protects the business and also augments consumer interest,” she said. “Content is regulated by the Ministry of Information and Broadcasting (MIB) and other autonomous bodies. Additionally, the Intermediary Guidelines and Digital Media Ethics Code Rules 2021 under the Information Technology Act 2000 plays a significant part in stamping out objectionable content be it obscenity, nudity, offensive language or content which is harmful or unlawful,” she said.

“Currently, the idea of India as a global content hub is laughable. Just shooting requires multiple permissions and hiring a foreign crew is not easy. One also has to file scripts with the relevant authorities and show them the final product,” said a senior broadcasting sector executive. “Even with the single window clearance there is a lot of red tape involved,” he added.

TRAI recommends creation of Special Economic Zones (SEZs) for content creation, offering tax benefits, simplified regulations, and other economic incentives to attract investment from domestic and international media companies. “This would lead to the establishment of state-of-the-art content creation facilities in India and position India as an attractive destination for content production,” it said.

The broadcasting sector executive, requesting anonymity, said the recommendations are academic and dated. “With advancement in media technology there isn’t much need to block large real estates as everything can be created through computer graphics and visual effects. SEZs sound good on paper but I don’t see too many people rushing to invest there,” he said.

TRAI is also batting for local and regional language content which OTT services and production companies said there is no dearth of. OTT platforms offer subtitles and audios in various languages, making global content accessible to a wider Indian audience. Market share of regional language content on OTT increased from 47% in 2021 to 52% in 2023. “After the first rush into Hindi language content, now all platforms are looking at regional languages based on demand. We ourselves make shows in 4-5 different languages and I see no need for any government push for this,” said the promoter of a production house making shows for both TV and OTT.

A legal expert at a media firm operating both TV channels and an OTT service said TRAI’s push for content is surprising given its earlier regulations and caps on TV channel prices have impacted the TV business adversely. “TRAI policies pushed the TV industry into serving the same type of content as it became heavily dependent on advertising for revenue,” he said.

However, the production house executive said it is still early days as TRAI recommendations are not binding. “We need to see how the national broadcasting policy pans out and what the exact level of regulation is. Only then will we know its repercussions,” he said.