TDSAT Rules OTT Platforms Fall Outside TRAI’s Jurisdiction

October 7, 2023

The Telecom Disputes Settlement and Appellate Tribunal (TDSAT) in India has issued an interim ruling stating that over-the-top (OTT) platforms, such as Hotstar, do not fall under the jurisdiction of the Telecom Regulatory Authority of India (TRAI). This significant decision has implications for the regulation of OTT platforms in India.

Jurisdiction of OTT Platforms

TDSAT has determined that OTT platforms are governed by the Information Technology Rules, 2021, enforced by the Ministry of Electronics and Information Technology (MeitY).
This decision was made in response to a petition filed by the All India Digital Cable Federation (AIDCF), alleging discriminatory practices by Star India Pvt. Ltd. The dispute centered around Star India streaming ICC Cricket World Cup matches for free on mobile devices through Disney+Hotstar, while access to the same matches was limited to the paid Star Sports TV channel.

Interim Relief Denied

AIDCF sought interim relief to restrain Star India from providing free access to Star Sports on mobile devices, but TDSAT denied the request.
The tribunal determined that there was no prima facie case in favor of the petitioner based on the relevant regulations, including Regulation 2(h) of 2017, read in conjunction with other definitions and regulations. TDSAT stated that prima facie, OTT platforms are not covered by TRAI.
TDSAT emphasized that an OTT platform is not classified as a TV channel, and operators do not require any permission or license from the Central Government.

No Prima Facie Case Under IT Act and TRAI Act

TDSAT also noted that there was no prima facie case under the Information Technology Act of 2000, the rules established in 2021, or the TRAI Act of 1997 in favor of the petitioner.
The tribunal concluded that the balance of convenience did not favor the petitioner, and no irreparable loss would occur if the requested stay was not granted.

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