IMI proposes refined definition of “Broadcast” in response to National Broadcasting Policy

The Indian Music Industry (IMI) has proposed a refined definition of “broadcast” to the National Broadcasting Policy, advocating for it to encompass only “point to multipoint” technology.

IMI defines this as a process where a single signal is distributed to multiple consumers, arriving at all endpoints simultaneously. This input comes in response to the Telecom Regulatory Authority of India’s (TRAI) consultation on the National Broadcasting Policy.

The question arises: Should over-the-top (OTT) services fall under the “broadcast” umbrella? IMI suggests that the definition of broadcasting should exclude “point to point” transmissions, which involve individual delivery to consumers, thus implying that OTT platforms like Amazon Prime and Netflix should not be categorized as broadcasts.

Unlike traditional broadcasting, OTT platforms offer content on-demand, allowing viewers to watch at their convenience and exercise control over their viewing choices. Additionally, the predominant use of smartphones for streaming fosters private viewing experiences, aligning more with unicast than broadcast transmission methods.

While IMI’s definition implies the exclusion of OTTs from the broadcast category, there’s no explicit statement to that effect. However, IMI emphasizes that a broad definition of broadcasting could adversely affect music streaming revenues and urges alignment with established copyright laws to support the growth of Indian regional content.

Regarding global promotion of Indian music, IMI proposes policies facilitating music as a service export, including cross-border copyright protection and leveraging government export schemes.

To combat online piracy, IMI suggests specialized units for investigating and prosecuting digital piracy cases, alongside an alternative administrative enforcement mechanism involving multiple ministries and strengthened international enforcement through partnerships.

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