INTRODUCTION

Premiering on 6 September 1955 on the ABC network in the USA, The Life and Legend of Wyatt Earp1 became a trendsetter TV show in multiple ways. It was the first Western genre television series written for adults, one of the first shows that had a continuing storyline and a seasonlong arc—and one of the first TV shows to use the recap sequence to remind its viewers of what had happened in the last episode. "A few voice-over sentences usually sufficed to summarize the events of the previous Tuesday evening, because the show really only had one plot line, one life and legend. [The recap sequence], a decades-old staple of television, now fading in prevalence, is inextricably tied to the rise of intricate narratives on the small screen."2

Legal news & updates are no less intricate in their own right and also have a continuity and arc that may be difficult to keep a track of, at times. To this end we bring to you The Recap, your bi-monthly dose of all that's important and unmissable from the legal point of view from India's media & entertainment (M&E) and gaming sectors. This edition is an eclectic mix of updates from the months of November & December 2021 and range from courtroom updates for skill gaming operators to crucial verdicts on copyright & trademark laws along with a snapshot of what kept our lawmakers busy in the Winter Session of Parliament. Read on and get in sync with the arc of this season's M&E and gaming legal updates!

MEDIA & ENTERTAINMENT

TRAI and broadcasters face off on availability of live linear TV channels on OTT platforms

The availability of live linear TV channels on over-the-top ("OTT") platforms has become a flashpoint between the Telecom Regulatory Authority of India ("TRAI") and major television broadcasters. After receiving complaints from Direct-to-Home companies ("DTH") and Multi-System Operators ("MSOs") that the availability of TV channels was denting their paid subscriber base, TRAI sent a letter to all major TV broadcasters seeking details about the mode and infrastructure through which linear TV channels were being provided to their own as well as third-party OTT platforms. TRAI is of the opinion that broadcasters are in violation of the Policy Guidelines for Downlinking of Television Channels, 20113, which allows companies to provide signal reception decoders only to DTH, MSOs, cable operators and IPTV4 service providers. Broadcasters on the other hand contend that they are not employing infrastructure regulated by TRAI to deliver linear content on OTT platforms and hence TRAI's queries lack jurisdiction.

Broadcasters Sony and Sun TV Network challenged TRAI's letter before the Telecom Disputes Settlement and Appellate Tribunal ("TDSAT"), contending that the information sought by TRAI for content on OTT platforms are beyond TRAI's jurisdiction under the Cable Television Networks (Regulation) Act, 1995 and the Telecommunication (Broadcasting and Cable) Services Interconnection (Addressable Systems) Regulations, 2017. TRAI on the other hand asserted that the information was sought from the broadcasters (which are regulated by it) and not from OTT platforms owned by these broadcasters. The broadcasters also argued that linear TV channels are provided to OTT platforms under their broadcast reproduction rights available under Section37 of the Copyright Act, 1957.

Admitting the plea, TDSAT in its preliminary order acknowledged the broadcaster's contentions and has listed the matter for 24 January 2022 for TRAI's reply. In the interim, no coercive action is to be taken against the broadcasters.

It is pertinent to mention in this context that recently TRAI Chairman PD Vaghela speaking at a public event had said that TRAI was planning to review sectoral regulations to ensure a level playing field between TV broadcasters and OTT platforms.

TDSAT's brief order dated 16 December 2021 can be viewed here.

TRAI's 'Recommendations on the Regulatory Framework for OTT Communication Services', which led TDSAT to prima facie observe (in the above order) that OTT services may be beyond the extant TRAI regulations, can be accessed here.

MeitY is considering appointing nodal officers for the takedown of content on social media

As per a news report, the Ministry of Electronics and Information Technology ("MeitY") is considering appointing ministry-wise nodal officers for issuing directions for the takedown of content under the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules 2021"). An inter-ministerial review is reportedly underway for formulating the Standard Operating Procedures ("SOPs") for various aspects of the IT Rules 2021. The idea of nodal officers has emerged on the ground that individual ministries are better-suited to classify and identify unlawful content as per their departments. As per the report, the SOPs are being drafted by a committee comprising of officials from MeitY, Ministry of Information and Broadcasting, and Ministry of Law and Justice. These SOPs and the recent FAQs are part of the government's efforts to address concerns with respect to the implementation of the IT Rules 2021.

This was reported by a Hindustan Times article available here.

Parliamentary Committee on Communications and Information Technology finds urban bias in TRPs, suggests setting up a media commission

The 27th Report of the Standing Committee on Communications and Information Technology, headed by Congress MP Shashi Tharoor, was recently tabled in Parliament. Among its multiple vital findings, a few that are noteworthy are as follows:

The Committee opined that the present Television Rating Points ("TRPs") system is heavily biased towards urban areas and that there is a need to change the system of measurement by giving equal weightage to rural and semi urban areas through increased sample size. As regards news media, the Committee suggested that instead of the present Press Council of India, a wider Media Council be established to cover all types of media (not just the print media) and equip it with statutory powers to enforce its orders where required. The Committee concluded its Report by recommending the setting up of a Media Commission consisting of various stakeholders to explore and recommend action for the diverse issues highlighted by it in the Report.

Footnotes

1 https://www.imdb.com/title/tt0047750/

2 Laura Bliss, "Previously On: In Praise of the Television Recap Sequence", February 4 2015, The Atlantic, available at https://www.theatlantic.com/entertainment/ archive/2015/02/previously-on-in-praise-of-the-television-recap/385036/ (last accessed 10th January 2022)

3 Clause 5.6 – "The applicant company shall provide Satellite TV Channel signal reception decoders only to MSOs/Cable Operators registered under the Cable Television Networks (Regulation) Act 1995 or to a DTH operator registered under the DTH guidelines issued by Government of India or to an Internet Protocol Television (IPTV) Service Provider duly permitted under their existing Telecom License..." A copy of the Policy Guidelines can be accessed here.

4 Internet Protocol TV. Through IPTV live TV, Video On Demand (VOD) and Interactive TV (iTV) services are delivered across an access agnostic, packet switched network that employs the IP protocol to transport the audio, video and control signals. In contrast to video over the Internet, with IPTV deployments, network security and performance are tightly managed to ensure a superior experience.

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