Author: Tech Law Forum NALSAR

Regulation of Content on OTT Platforms: An Explainer

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[This Explainer has been authored by Harsh Jain and Sankalp Jain of the NALSAR Tech Law Forum Blog.]

The over-the-top (‘OTT’) industry in India has been growing exponentially–faster than anywhere else in the world–and pegged to reach a size of $5 billion by the year 2023. With an increase in internet penetration, coverage and speed, the consumption of content available on OTT streaming services is at an all-time high. This has not only increased the accessibility to titles old and new, but has also created a new avenue for content-creation on diverse themes. As the pandemic led to the closure of movie theatres and other forms of public entertainment, OTT platforms have been growing in India along with the rest of the world. 

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Metadata by TLF: Issue 19

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Welcome to our fortnightly newsletter, where our reporters Harsh Jain and Harshita Lilani put together handpicked stories from the world of tech law! You can find other issues here.

Facebook Oversight Board picks the first batch of cases for review, adds additional matter from India

Facebook’s Oversight Board (OSB), an independent body set up to review moderation decisions by the company, chose 6 cases to review in the first week of December, 2020 from over 20,000 cases that were referred to it following the opening of user appeals in October 20, 2018. Five of the cases being considered by the OSB were referred via user appeals while the sixth arose from a reference by Facebook. A couple of days after announcing the first batch of cases, the OSB added an additional case for consideration from India. It involves a photo posted on a Facebook group with Hindi text describing the drawing a sword from its scabbard in response to “infidels” criticizing the prophet. The photo also included a logo with the words “Indian Muslims” in English. The accompanying text, also in English, includes hashtags calling President Emmanuel Macron of France “the devil” and calling for the boycott of French products.

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Criminal Liability of Artificial Intelligence (Part II)

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[Shubham Damani is a second year student at NALSAR University of Law, Hyderabad. This two-part post was the winning entry in the Ab Initio Essay Writing Competition hosted by the NALSAR Student Law Review. Part 1 can be found here.]

Previously, the author had discussed a framework which would help impose liability on Artificial Intelligence in in various situations. This post continues the discussion, with an examination of the kind of liability to be affixed and what a workable regulatory framework would look like.

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Examining the Rise of the ‘Splinternet’

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[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Manasvin Andra, a fourth year student of NALSAR University of Law.]

Data localisation laws have been on the rise in recent years. Since Edward Snowden’s revelations regarding the National Security Agency’s PRISM program, states have begun associating informational security with the need to retain data within their territories. The list of countries insisting on data localisation is long, including Brazil, Germany, Russia and South Korea. India is also on the path to adopting localisation norms, primarily through the revised Personal Data Protection Bill, 2019.

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Data Rights in Sports: The case of Event Data

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[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Dhananjay Dhonchak, a second year student of NALSAR University of Law.]

The commercialisation of sport coupled with advancements in technology have made it possible to collect and analyse vast reams of data generated in sporting activities. The information generated can take various forms such as physiological data of athletes, event and even fan-data. This article specifically focuses on event data and the legal concerns relating to its ownership and control.

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Suggestions for Copyright Reforms

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[This post has been authored by our reporters – Harsh Jain and Harshita Lilani. They discuss the controversies surrounding Copyright law in India and highlight the recommendations sent by the Technology Law Forum to the Registrar of Copyrights.]

The last amendment to the Indian Copyright Act was made in the year 2012 and therefore, the news that a reform process had begun was a welcome development. However, the fact that the process began with ‘private consultations’ has raised many concerns. The impact of any Copyright Law reform would be far-reaching and, therefore, must involve all stakeholders – authors, industry players, academicians, students, and more. This also means that the reforms must be forward-looking – to be able to anticipate and adapt to changing times.

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A Tax Policy Response to Automation in India

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[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Sankalp Jain, a fourth year student of NALSAR University of Law.]

This post discusses policy responses to the threat of automation on India’s labour, contextualising the same amidst a major technological shift and efforts to revive India’s economy after a nation-wide lockdown crippled it.

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Investigating The Growing Use, Regulation and Challenges to Artificial Intelligence (AI) in Public Healthcare in India

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[Ed Note: The following post is part of the TLF Editorial Board Test 2020-21. It has been authored by Yashashwini Santuka, a second year student of NALSAR University of Law.]

Advanced systems of healthcare are imperative to the growth of countries, their economies and the well-being of its people. However, developing countries like India are still in the process of adapting to emerging technology in public healthcare due to its resource-constrained setting. The use of Artificial Intelligence (AI) in this scenario is rapidly spreading in public health. Effective deployment and adapting to its unique features to transform public health completely might take longer due to the systemic disparities observed in the country. While AI holds promise for the health systems, its uniform implementation may pose an issue to traditional patient care systems, patients’ safety, safety of their private medical records, and affordability. Such a situation requires regulators to take a systemic view of the healthcare industry, and possibly pre-empt the potential impact of the use and regulation of AI. This article explores the contextual limitations of the healthcare industry in India concerning the regulation of technology and AI.

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Open Banking in India & the Need for Setting Uniform Standards in Usage of APIs

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[This post has been authored by Vaibhav Parikh, Legal Counsel at ICICI Bank. Views are personal]

The value of online/ mobile banking rose from INR 69.47 billion in 2016-17 to INR 21,317 billion in 2019-20. Providing data access to third-party firms by banks and other financial institutions has proved to be one of the important reasons for such rapid development in online/ mobile banking, since it has allowed for introduction of innovative financial services and products to customers (Basel Committee Report on Open Banking, Page 8); such as seamless payments transmission between accounts at different banks, instant payments using Unified Payments Interface (“UPI”) and aggregation of all financial accounts onto one dashboard. Gradually, the delivery of financial services and products is also being offered by non-banking third parties, such as fintech firms. These developments are aspects of open banking and are continuously evolving in nature.

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