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On OTT regulation, relationship with telcos, substitutability and lawful interception issues: #NAMA discussion on OTT regulation

The relationship between telecom operators and OTT services has changed, since the TRAI's first consultation on regulation of OTT services in March 2015. "It’s a symbiotic relationship," a participant in MediaNama's discussion on OTT services said, saying that the two are not in an adversarial relationship, or that "the OTT guys are eating our lunch and therefore we need to bring in all these encumbrances on the OTT folks." From the telecom ecosystem, the demand is that OTTs gain from utilisation of network, and they want to enhance that, but also have a "minimal sets of rules and regulations that should be considered by the regulator in terms of a fairness approach" for a level playing field. This discussion was supported by Microsoft, Facebook, Google and STAR India, and held under the Chatham House Rule. Notes, excerpts and quotes from the discussion: Definition of OTT According to a participant: The issue of definition of an OTT services is seen as being critical to the entire discussion on regulation of OTT services: how OTT's are defined by the TRAI, in the context of regulation, will impact which entities are regulated and which aren't. However, this is a global issue and regulators globally are trying to define these services to regulate them, whether from the perspective of taxation, fake news, and regulation of intermediaries. The European Commission defines an OTT service as an interpersonal communication service, meaning, a service that allows direct interactive interpersonal exchange of information via an electronic communications network…

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Written By

Founder @ MediaNama. TED Fellow. Asia21 Fellow @ Asia Society. Co-founder SaveTheInternet.in and Internet Freedom Foundation. Advisory board @ CyberBRICS

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