TRAI’s Consultation Paper on OTT Platforms

Abhishek Singh

Lead - Policy & Advocacy

PUBLISHED ON

Jul 9, 2023

Introduction

Recently, a Consultation Paper on Regulatory Mechanisms for Over-The-Top (OTT) Communication Services was published by the Telecom Regulatory Authority of India (TRAI). The paper explores several OTT regulation-related challenges and solicits input from stakeholders on a suggested regulatory framework. We’ll summarise the paper’s main conclusions in this blog.

Structure of the Paper

The Telecom Regulatory Authority of India’s Consultation Paper on Regulatory Mechanism for Over-The-Top (OTT) Communication Services and Selective Banning of OTT Services intends to solicit comments and recommendations from stakeholders about the regulation of OTT services in India. The paper is broken up into five chapters that cover the introduction and background, issues with regulatory mechanisms for OTT communication services, issues with the selective banning of OTT services, a summary of the issues for consultation, and an overview of international practices on the topic. Written comments from interested parties are requested and may be sent electronically to the Advisor (Networks, Spectrum and Licencing) at TRAI. These comments will also be posted on the TRAI website.

Overview of the Paper

Chapter 1: Introduction and Background

The first chapter of the essay introduces the subject of OTT communication services and argues why regulatory frameworks are necessary. The chapter also gives a general outline of the topics and the paper’s organisation that will be covered in the following chapters.

Chapter 2: Examination of the Issues Related to Regulatory Mechanism for Over-The-Top Communication Services

The second chapter of the essay looks at the problems with OTT communication service regulation. It talks about the many kinds of OTT services and how they affect the conventional telecom sector. The chapter also looks at the regulatory issues raised by OTT services and the various strategies used by various nations to address them.

Chapter 3: Examination of the Issues Related to Selective Banning of OTT Services

The final chapter of the essay looks at the problems of selectively outlawing OTT services. It analyses the justifications for government restrictions on OTT services as well as the possible effects of such restrictions on consumers and the telecom sector. The chapter also looks at the legal and regulatory structures that determine how OTT services are prohibited in various nations.

Chapter 4: International Practices

An overview of global OTT communication service best practices is given in the paper’s fourth chapter. It talks about the various regulatory strategies used by nations throughout the world and how they affect consumers and the telecom sector. The chapter also looks at the difficulties regulators encounter when trying to create efficient regulatory frameworks for OTT services.

Chapter 5: Issues for Consultation

This chapter is the spirit of the consultation paper as it covers the points and questions for consultation. This chapter has been classified into two sub-sections – Issues Related to Regulatory Mechanisms for OTT Communication Services and Issues Related to the Selective Banning of OTT Services. The inputs will be entirely focused on these sub headers, and the scope, extent, and ambit of the consultation paper rests on these questions and necessary inputs.

Conclusion

An important publication that aims to address the regulatory issues raised by OTT services is the Consultation Paper on Regulatory Mechanisms for Over-The-Top Communication Services. The paper offers a thorough analysis of the problems with OTT service regulation and requests input from stakeholders on the suggested regulatory structure. In order to make sure that the regulatory framework is efficient and advantageous for everyone, it is crucial for all stakeholders to offer their opinion on the document.

PUBLISHED ON

Jul 9, 2023

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April 6, 2024

Executive Summary:

In the context of the recent earthquake in Taiwan, a video has gone viral and is being spread on social media claiming that the video was taken during the recent earthquake that occurred in Taiwan. However, fact checking reveals it to be an old video. The video is from September 2022, when Taiwan had another earthquake of magnitude 7.2. It is clear that the reversed image search and comparison with old videos has established the fact that the viral video is from the 2022 earthquake and not the recent 2024-event. Several news outlets had covered the 2022 incident, mentioning additional confirmation of the video's origin.

Claims:

There is a news circulating on social media about the earthquake in Taiwan and Japan recently. There is a post on “X” stating that,

“BREAKING NEWS :

Horrific #earthquake of 7.4 magnitude hit #Taiwan and #Japan. There is an alert that #Tsunami might hit them soon”.

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Fact Check:

We started our investigation by watching the videos thoroughly. We divided the video into frames. Subsequently, we performed reverse search on the images and it took us to an X (formally Twitter) post where a user posted the same viral video on Sept 18, 2022. Worth to notice, the post has the caption-

“#Tsunami warnings issued after Taiwan quake. #Taiwan #Earthquake #TaiwanEarthquake”

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The same viral video was posted on several news media in September 2022.

The viral video was also shared on September 18, 2022 on NDTV News channel as shown below.

Conclusion:

To conclude, the viral video that claims to depict the 2024 Taiwan earthquake was from September 2022. In the course of the rigorous inspection of the old proof and the new evidence, it has become clear that the video does not refer to the recent earthquake that took place as stated. Hence, the recent viral video is misleading . It is important to validate the information before sharing it on social media to prevent the spread of misinformation.

Claim: Video circulating on social media captures the recent 2024 earthquake in Taiwan.

Claimed on: X, Facebook, YouTube

Fact Check: Fake & Misleading, the video actually refers to an incident from 2022.

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Safer Internet Day 2023: CyberPeace Launch iSafe Multimedia Resources, CyberPeace TV and CyberPeace cafe

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CyberPeace also showcased its efforts, in partnership with UNICEF, to create a secure and peaceful online world through its Project iSafe, which aims to bridge the knowledge gap between emerging advancements in cybersecurity and first responders. Through Project iSafe, CyberPeace has successfully raised awareness among law enforcement agencies, education departments, and frontline workers across various fields. The event marked a significant milestone in the efforts of the foundation to create a secure and peaceful online environment for everyone.

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Ms. Zafrin Chaudhry, Chief of Communication, UNICEF addresses students with the facts that children make out 1 out of 3 in cyberspace, so they should have a safe cyberspace. They should be informed and equipped with all the information on how to deal with any kind of issues they face in cyberspace. They should share their experience with everyone to make others aware. UNICEF in partnership with CPF is extending help to children to equip them with the help and information.

Major Vineet Kumar, Founder and Global President of CPF welcomed all and introduced us about the launching of iSafe Multimedia Resources, CyberPeace TV, and CyberPeace Café . With this launch he threw some light on upcoming plans like launching a learning module of metaverse with AR and VR. He wants to make cyberspace safe even in tier 3 cities that’s why he established the first cybercafé in Ranchi.

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The celebration continued by iSafe Panel Discussion on “Creating Safer Cyberspace for Children.” The discussion was moderated by Dr. Sangeeta Kaul, Director of DELNET, and was attended by panellists Mr. Rakesh Maheshwari from MeitY(Ministry of electronics and information Technology, Govt. of India), Dr. Indu Kumar from CIET-NCERT, Ms. Bindu Sharma from ICMEC, and Major Vineet Kumar from CyberPeace.

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Legal Provision Empowers Indian Army Against Misinformation

December 9, 2024

INTRODUCTION:

The Ministry of Defence has recently designated the Additional Directorate General of Strategic Communication in the Indian Army as the nodal officer now authorised to send removal requests and notices to social media intermediaries regarding posts consisting of illegal content with respect to the Army. Earlier, this process was followed through the Ministry of Electronics and Information Technology (MeitY). The recent designation gives the Army the autonomy of circumnavigating the old process and enables them to send direct notices (as deemed appropriate by the government and its agency). Let us look at the legal framework that allows them to do so and its policy implications.

BACKGROUND AND LEGAL FRAMEWORK:

Section 69 of the IT Act 2000 gives the government the power to issue directions for interception, monitoring or decryption of any data/information through any computer resource. This is done so under six reasons related to:

Upholding the sovereignty or integrity of India
Security of the state
Defence of India
Friendly relations with foreign states
Public order or for preventing incitement of any cognisable offence
Investigations of offences related to the aforementioned reasons

Section 79(3)(b) of the Information Technology Act 2000 is another aspect of the law related to the removal of data on notification. It allows for all intermediaries (including internet service providers and social media platforms) to have safety harbours from the liability of the content put out by third parties/users on their platforms. This, however, is only applicable when the intermediary has either received a notification or actual knowledge by the appropriate government or its agency of the data on their platform being used for unlawful acts and complies promptly by removing the data from their platform without tampering with evidence.

PLAUSIBLE REASONS FOR POLICY DECISION:

Cases related to the Indian Army are sensitive for a number of reasons, rooted in the fact that they directly pertain to the nation's security, integrity and sovereignty. The impact of the spread of misinformation and disinformation is almost instantaneous and the stakes are high in any circumstance, but exceptionally so when it comes to the Armed Forces and the nation’s security status. A mechanism to tackle cases of such a security level should allow for quick action from the authorities. Owing to the change in the ability to notify directly rather than through another ministry, the army can now promptly deal with these concerns as and when they arise. One immediate benefit of this change is that the forces can now quickly respond to instances where foreign states and actors with malicious intent put out information that can cause harm to the nation’s interests, image and integrity.

This step helps the forces deal with countering misinformation, ensuring national security and even addressing issues of online propaganda. An example of sensitive content about the army leading to legal intervention is the case of Delhi-based magazine The Caravan. The Defence Ministry, along with the Intelligence Bureau and the Jammu and Kashmir police ordered the Delhi-based publication to remove an article claiming the murder and torture of civilians by the Indian army in Jammu and Kashmir citing the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The instruction was challenged by the magazine in the courts.

CONCLUSION:

This move brings with it potential benefits along with risks and the focus should always be on maintaining a balanced approach. Transparency and accountability are imperative and checks on related guidelines so as to prevent misuse while simultaneously protecting national security should be at the centre of the objective of the policy approach. Misinformation in and about the armed forces must be dealt with immediately.

REFERENCES:

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