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Category: Internet Broadcasting

Regulation of Content on OTT Platforms: An Explainer

Posted on December 21, 2020December 21, 2020 by Tech Law Forum NALSAR

[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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Data Rights in Sports: The case of Event Data

Posted on December 5, 2020December 7, 2020 by Tech Law Forum NALSAR

[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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Metadata by TLF: Issue 18

Posted on November 18, 2020November 17, 2020 by Tech Law Forum NALSAR

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.

Streaming platforms and online news portals brought under the purview of the I&B Ministry

The Cabinet Secretariat issued a notification on November 11, 2020 granting the Ministry of Information and Broadcasting authority over streaming platforms and online news portals. Simply put, this means that platforms such as Netflix, Hotstar, Amazon Prime, etc. will now be under the jurisdiction of the I&B Ministry. While the I&B Ministry cannot regulate these platforms without specific laws being passed towards that end, the notification signals the intent of the government to bring out a regulatory code in the near future. Such a move was expected after Amit Khare, the Secretary of the I&B Ministry, expressed the Ministry’s intent to bring content streamed over OTT platforms under its purview. The online content sector, unlike radio, cinema and television, has till now remained free of censorship. In August 2020, more than a dozen OTT platforms operating in India such as Netflix, Zee5, Voot, Jio, SonyLiv, etc. had signed a self-regulation code aimed at empowering consumers with tools to assist them in making informed choice with regard to viewing decisions for them and their families but the I&B Ministry had refused to support the same.

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Metadata by TLF: Issue 16

Posted on August 7, 2020December 20, 2020 by Tech Law Forum @ NALSAR

Welcome to our fortnightly newsletter, where our reporters Kruttika Lokesh and Dhananjay Dhonchak put together handpicked stories from the world of tech law! You can find other issues here.

Union Consumer Affairs Minster issues E-Commerce Rules to shift the focus onto consumer protection

In an increasingly globalised world, major retail companies like Amazon have reached even the most inaccessible places. The consumers that are exposed to e-commerce companies can only be protected in the presence of increased accountability. The newly issued E-Commerce Rules set up a Central Consumer Protection Authority to police companies that violate consumer rights. Misleading ads and unfair trade practices are prevented as e-retailers have to mandatorily disclose return, refund, warranty, exchange, guarantee, delivery and grievance redressal details. Henceforth, prices of products cannot be manipulated to produce unreasonable profits for companies. These rules apply to retailers either registered in India or abroad.

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Delhi HC’s order in Swami Ramdev v. Facebook: A hasty attempt to win the ‘Hare and Tortoise’ Race

Posted on January 6, 2020January 6, 2020 by Tech Law Forum @ NALSAR

This post has been authored by Aryan Babele, a final year student at Rajiv Gandhi National University of Law (RGNUL), Punjab and a Research Assistant at Medianama.

On 23rd October 2019, the Delhi HC delivered a judgment authorizing Indian courts to issue “global take down” orders to Internet intermediary platforms like Facebook, Google and Twitter for illegal content as uploaded, published and shared by users. The Delhi HC delivered the judgment on the plea filed by Baba Ramdev and Patanjali Ayurved Ltd. requesting the global takedown of certain videos which were alleged to be defamatory in nature.

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